Environmental Law & Feminism

Ohio State Legal Studies Research Paper No. 553

The Oxford Handbook of Feminism and Law in the United States

23 Pages Posted: 21 Jul 2020 Last revised: 29 Jul 2020

See all articles by Cinnamon Piñon Carlarne

Cinnamon Piñon Carlarne

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: July 21, 2020

Abstract

Environmental degradation and gender-based discrimination date back millennia. The modern legal movements to curb these two forms of human behavior, however, are still young and emergent. Environmentalism and feminism both respond to harms brought about by systemic failures that enable or even advance patterns of subordination. For environmentalism, the focus is on constraining unbridled ecosystem destruction. For feminism, the focus is on discovering and unraveling the systems and hierarchies that subordinate women.

Although pervasive connections between feminism and environmental law have been recognized since the emergence of modern environmental law, little was done during the first few decades of legal development to cultivate or respond to these linkages. The onset of climate change and the maturing of climate law, however, is bringing renewed attention to the under-explored relationship between environmental law and feminism.

This chapter explores the important, but poorly understood, historic and contemporary relationship between environmental law and legal feminism. It shows how, until recently, these two areas remained largely fragmented even as understanding of the convergences between the fields grew. It then traces how the evolution of ecofeminism, the environmental justice movement, and the climate justice movement are advancing thinking at the intersection of environmental law and feminism and the law. In particular, it suggests that as both environmental law and feminist legal theory increasingly seek to situate ongoing challenges within larger structures of power and inequality, they draw closer together creating opportunities for intellectual exchange and coalition building.

Keywords: ecofeminism, environmental law, international environmental law, environmental justice, climate change, climate justice, social justice feminism

JEL Classification: K3, K30, K32, K33

Suggested Citation

Carlarne, Cinnamon Piñon, Environmental Law & Feminism (July 21, 2020). Ohio State Legal Studies Research Paper No. 553, The Oxford Handbook of Feminism and Law in the United States, Available at SSRN: https://ssrn.com/abstract=3657131 or http://dx.doi.org/10.2139/ssrn.3657131

Cinnamon Piñon Carlarne (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

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