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Protecting the Right to Environment: The Roles of Judicial Commissions and Special Masters

This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their constitutional right to environment. It analyzes the challenges and limitations of traditional litigation in enforcing this right, and compares the special master system in the United States with environmental judicial commissions in Pakistan.

A National Security Threat Without Borders: Climate Change and the Need for Military Facility Modernization

The U.S. military has recognized climate change as a national security threat. Over the past three decades, installations across the country have experienced infrastructure damage, personnel evacuations, and millions or billions in rebuilding or repair costs. This Article argues that most military facilities are woefully unprepared for these impacts; to expedite action, it calls for a focus on expanding Other Transaction Authority (OTA) for infrastructure-related procurement, as well as specific measures, mandates, and responses.

“Along” the National Scenic Trails: A Case Study of Statutory Interpretation

This Comment looks at the background of national scenic trails and lawmakers’ intent for the experiences these trails should provide, analyzes the difference in meaning between the terms and concepts of “on” and “along,” and considers the width of adjacent management areas that lawmakers implied with the use of the latter term. It also examines the management implications of these interpretations, and where agencies and nonprofit trail management partners may go from here.

Implementation of Tribal Consultation Laws in California

State and local environmental agencies regularly make decisions that have repercussions for tribes, including for their health and ability to maintain and continue to evolve traditional practices, language, and cultural identity. Meaningful consultation has become central to tribal sovereignty as tribes advocate for legislation that requires consultation on decisions impacting their lands, economy, and culture.