The Tulane Environmental Law Journal (TELJ) publishes biannually in the winter and spring of each year. This section contains information about our most recent publications. Our issue archive allows you to review the titles and authors of past articles, as well as TELJ's past mastheads and advisory boards.
28(2) Summer 2015
Jamal Knight, Associate Attorney, Faegre, Baker, Daniels
Jordan Lesser, Legal Counsel, New York State Assembly
Allan Kanner, Partner, Kanner & Whiteley
Loulan Pitre, Partner, Kelly, Hart & Pitre
28(1) Winter 2014
Holding Cigarette Manufacturers and Smokers Liable for Toxic Butts: Potential Litigation-Related Causes of Action for Environmental Injuries/Harm and Waste Cleanup
by Jill Witkowski, Director, Choose Clean Water Coalition
This article explores potential legal theories to address cigarette butt litter by holding cigarette manufacturers responsible for butt waste under common law doctrines and state laws and regulations. The paper’s primary focus is on the potential to address cigarette butt litter as a public nuisance by exploring the lessons learned from attempts to address other dangerous and damaging products in this manner. This paper explores challenges and opportunities of other statutory and common law approaches to addressing cigarette butt litter.
Greenwashing & Self-declared Seafood Eco-labels
by Jason J. Czarnezki, Professor, Pace University Law School (coauthors: Andrew Homan, and Meghan Jeans)
The credibility and veracity of an environmental claim depends on a high degree of transparency, clarity and trust. Businesses that utilize eco-labels to market the environmental performance of their seafood products often turn to third party certifications to minimize the potential for greenwashing and provide a level of verification and independence. Others rely on a riskier approach by developing their own “self-declared” or “first-party” eco-labels. Seafood retailers and suppliers considering the creation and use of an eco-label, certification, or seal to be used in the marketing of seafood products should ensure compliance with applicable FDA and USDA labeling rules. Furthermore, entities pursuing “self-declared” or “first-party” seafood eco-labels should consult the FTC’s Green Guides, closely follow developments in greenwashing litigation under federal and state consumer protection and unfair competition laws, and heed the early advice of legal experts in the field.
U.S. Military Accountability for Extraterritorial Environmental Impacts: An Examination of Okinawa, Environmental Justice and Judicial Militarism.
By Alan Ramo, Professsor, Golden Gate University School of Law
Local resistance to the relocation of a U.S. military base to a Bay threatening an endangered sea mammal off the coast of the island of Okinawa raises important issues regarding the extraterritoriality of U.S. environmental laws, the role of the courts in reviewing military operations and ultimately environmental justice. Federal courts continue inconsistently to sort out the extraterritoriality of U.S. laws, including environmental laws. Strong arguments remain that the National Environmental Policy Act and the Endangered Species Act should also apply to the U.S. military’s actions in Okinawa. Although the modern U.S. Supreme Court has reversed earlier cases and given great deference to military operations, a form of judicial militarism, environmental justice demands and case laws allows these environmental laws to shape U.S. military conduct on Okinawa and protect its environment.
ALL APPROPRIATE INQUIRY: BLACKBOARD OF DREAMS AND FEARS
By Stanley A. Millan, Jones Walker
All appropriate inquiry (AAI) is a federal due diligence term for a report used in making wise environmental real estate and business decisions (the dreams) by detecting, minimizing or avoiding environmental issues at potentially contaminated sites (the fears). This essay discusses how lawyers can use an environmental site assessment as a legal and business tool, how to give complete legal advice from it, and how to better comment and perceive its pitfalls and shortcomings.
Special Issue: Plastic Pollution, Volume 27, Issue 2
- The summer issue is being released in close companionship with the 5 Gyres Institute, who helped the Journal to host the 2014 Tulane Law School Summit on Environmental Law and Policy. Thus special issue explores the environmental impact of plastic waste—from plastic bags to microbeads—and the legal complexities surrounding it. Featuring articles by Marcus Eriksen, Mark Gold, Captain Charles Moore, Leila Monroe, Jennie Romer, and others, with an introduction by Lisa Kaas Boyle.
Symposia, Colloquia, and Retrospectives
Volume 23 (2010)
Volume 18 (2005)
Volume 13 (2003)