We’re living through a moment when questions about government power over where people can live, work, travel, and belong have become too important to ignore. At a glance, the topic of migration/immigration might seem far removed from climate change. It isn’t; I wouldn’t be writing this if it was.
I recently completed my Master’s thesis on the legal consequences of climate change-induced displacement. I focused on an Indigenous American tribe, the Biloxi-Chitimacha-Choctaw from the Isle de Jean Charles, who live not even two hours south of where I do. They’re considered the first community in the United States to undergo a federally funded climate relocation.
For more than 170 years, the Biloxi-Chitimacha-Choctaw community has lived on Isle de Jean Charles, a narrow island in coastal Louisiana. The island was more than a place to live. It was a refuge. In the 1830s, Indigenous families sailed to the island to settle and escape the Indian Removal Act and the Trail of Tears, as well as the ongoing colonial violence and discrimination.
Then in the 1950s, the island started to disappear.
Sea-level rise, erosion, subsidence, and environmental degradation caused by oil and gas canalization demolished the landscape. Hurricanes like Katrina dumped saltwater on the land, making many livelihoods like farming no longer an option. By the early 2000s, the island had lost more than 98 percent of its landmass. Homes flooded repeatedly. Roads washed away. Wetlands disappeared. Eventually, remaining on the island became harder and harder.
Relocation isn’t moving houses from one place to another. Home is community, and a community needs a place to call home, as well. The place where relationships have been built, lasting through generations. Where your grandparents and great-grandparents have been buried. Where you’ve made memories, grown your livelihoods. Where you’ve watched your children learn family traditions and cultural practices.
As I examined the laws and programs used to facilitate the Isle de Jean Charles relocation, I found a fundamental problem. The United States doesn’t have a comprehensive federal legal framework governing climate-induced relocation.
Instead, communities must navigate a patchwork of disaster programs, grants, and state-level decisions they’re not involved in.
That was particularly consequential because while the Biloxi-Chitimacha-Choctaw are recognized as an Indigenous group at the state level, they lack federal recognition. This resulted in the government determining how the community would relocate, while the Tribal leadership itself lacked authority over the many choices shaping its future.
But the lesson from all this shouldn’t be “don’t relocate.” It becomes “don’t displace people without protecting their rights.” Sometimes relocation will unfortunately become unavoidable. So how do we help communities move without losing their rights and the ability to determine their own future?
My research points toward several answers
A successful relocation can’t be measured solely on whether houses were built on safer ground. It must also ask whether families can remain together, livelihoods can survive, and the community itself remains intact.
Climate migration is going to happen. We need to decide what kind. The U.S. is going to see more displacement. That’s not an if it happens, it's when, and the answer is it’s already started.
So now we're forced to ask, what happens when it reaches me? I think about this often for different reasons. In New Orleans, hurricanes leave us without clean water and electricity, sometimes for months. Flooding that overtakes our homes and tornadoes that destroy them. But there's another reason I think about it often.
Immigration.
I was an art teacher when ICE raids started in New Orleans. I watched with my fellow teachers as classes shrank. My own students came to me with their fears of not only losing their homes, but families too. I watch my hometown, Chicago, with bated breath as my dad escorts my stepsiblings to and from school with passports in their pockets because of the color of their skin. I think of my sister in Minneapolis. My mom who worries that someone will see my headscarf and nothing else.
The situations aren’t identical. Some may say I'm still making a stretch with the comparison. Climate relocation and immigration enforcement involve different laws, populations, and governmental authorities. But it raises a common democratic principle: People shouldn’t lose their fundamental rights because the government has the power to move them.
What happened to the Biloxi-Chitimacha-Choctaw shows what happens when legal authority is fragmented, when participation isn’t enforceable, and when vulnerable communities are expected to rely on administrative goodwill. My thesis concluded that climate relocation must move away from ad hoc, discretionary approaches and toward systems that are codified, participatory, and rights-based.
Climate change will eventually make relocation unavoidable for many Americans. If we wait until water is at people’s doors to decide what rights they have, it’ll already be too late.
We have an opportunity right now to build a system in which adaptation doesn’t become another form of dispossession. We can prepare our communities without treating them as problems. We can recognize that home is more than a structure. We can make sure that when climate change makes us move, we have a say in where we go and what we take with us: our rights, culture, and community.
Showing 2,996 results
Adelind McGoldrick | September 1, 2026
We’re living through a moment when questions about government power over where people can live, work, travel, and belong have become too important to ignore. At a glance, the topic of migration/immigration might seem far removed from climate change. It isn’t; I wouldn’t be writing this if it was. I recently completed my Master’s thesis […]
Uma Outka | August 31, 2026
At the 2026 Law & Society Annual Conference, I participated in a roundtable discussion about Teaching Environmental Law in Context — both the new book by Member Scholars Carmen Gonzalez and Rebecca Bratspies and the activity of teaching environmental law to law students in tumultuous times for the field. I have taught environmental law at the University of Kansas School of Law for all but two of the last 15 years, and I have never taught it in exactly the same way twice. I’m always adjusting my approach — adding the most current events, looking for new ways to teach the wide range of complex topics to help students build skills, and supporting students to understand both the environmental law statutes and the pollution problems they are designed to address. In short, a book like this — with its focus on creative and impactful ways to reach students in the dense field of environmental law — is my kind of book.
Lemir Teron | August 26, 2026
If the role of the environmental justice scholar, as the venerable Robert Bullard contends, is to support environmental justice communities, then the responsibility of the environmental law classroom is to develop legal scaffolding to protect ecologies and inhabitants. Rebecca Bratspies and Carmen Gonzalez’s Teaching Environmental Law in Context succeeds as an indispensable reference and support tool for classrooms and others seeking a deeper understanding of environmental protection, law, and policy. Within the book’s immersive take on a suite of pressing environmental issues, the Quantitative Risk Assessment (QRA) chapter stands out for its methodical approach to framing quantitative aspects of environmental decision-making.
Amy Sinden | August 24, 2026
In Part 1, I provided an overview and some of my topline reactions to Rebecca Bratspies and Carmen Gonzalez’s excellent new book, Teaching Environmental Law in Context. In this part, I explore some specific environmental laws that Rebecca and Carmen include in their text and their creative approaches to teaching them.
Amy Sinden | August 24, 2026
Teaching environmental law has always been hard. The problem is, it’s about things our students care about. It’s about what Exxon knew, and the BP oil spill, and birds soaked with oil, and little kids with asthma or lead poisoning or cancer because wealthy people in corporate boardrooms were indifferent to the suffering of Black and Brown communities. It’s about Native Americans marching in protest to protect sacred lands their ancestors have stewarded and protected for millennia. I suppose this varies by region, but here in north Philadelphia, students come into class energized, outraged, and ready to defend the powerless and speak truth to power.
Carmen Gonzalez | August 19, 2026
My book with fellow Member Scholar Rebecca Bratspies was inspired by an article written by former UN Special Rapporteur (and Member Scholar) John Knox (and co-author Nicole Tronolone) evaluating U.S. environmental law through the framework of international human rights law. With several noteworthy exceptions (such as climate change), Knox and Tronolone concluded that the U.S. (at the end of the Biden administration) generally complied with the substantive and procedural requirements of the right to a healthy environment. However, they described the government’s failure to address environmental injustice as nothing short of “catastrophic.” Far from remedying these shortcomings, the current administration is reinforcing them, as regulatory rollbacks proliferate, equity-based initiatives are dismantled, and coordinated political campaigns seek to ban the teaching of "divisive concepts" such as climate change and racial justice.
Sophie Loeb | August 18, 2026
Last year, Governor Josh Stein created the North Carolina Artificial Intelligence (AI) Leadership Council to chart a roadmap on AI leadership and policy in the state. The roadmap report published by the council leaves many important areas unaddressed and falls significantly short on others, including harms like high bills, lost jobs, pollution, drought, mass surveillance, and more.
Rebecca Bratspies | August 17, 2026
Teaching right now is no joke! This is especially true of teaching environmental law. Most of us teaching in this area have dedicated our professional lives to protecting the environment — the air, the water, the land, and of course the people who breathe that air, drink that water, and live on that land. Each day is more painful than the last as our work is dismantled in front of our eyes. Institutions that seemed solid bulwarks against tyranny are crumbling into dust. In this moment of crisis, fellow Member Scholar Carmen Gonzalez and I set out to write a book for our fellow professors struggling to find their feet — consider Teaching Environmental Law in Context a kind of love letter to the better world we are convinced we can build together with our students.
Daniel Farber | August 12, 2026
On August 5, the Court of Appeals for the Ninth Circuit decided Committee for a Better Arvin v. EPA, which is both a significant air pollution case and an interesting case study in how the U.S. Supreme Court has changed judicial review of agency actions. The case was brought by a group in Arvin, California, a small city near Bakersfield.