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外文期刊>Journal of Land Use & Environmental Law
>CLIMATE CHANGE MAINTAINABILITY WILL CONSTRUCT AN EMPIRE IN WHICH THE CONCRETE NEVER SETS, CAUSING CONCRETE INJURIES NECESSITATING JUDICIAL RELIEF, AND THEN, BUILDING UPON SUCH RELIEF, CREATIVE EXECUTIVE AND LEGISLATIVE REFORMS
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CLIMATE CHANGE MAINTAINABILITY WILL CONSTRUCT AN EMPIRE IN WHICH THE CONCRETE NEVER SETS, CAUSING CONCRETE INJURIES NECESSITATING JUDICIAL RELIEF, AND THEN, BUILDING UPON SUCH RELIEF, CREATIVE EXECUTIVE AND LEGISLATIVE REFORMS
While awaiting governmental action to recognize, address, and solve climate change issues, we must acknowledge that the facts and disasters on the ground (such as flooding and rising tides) require resolution. To rise above such disasters, construction using-continually improved by emerging technologies2-will raise new infrastructure, new disputes, and varying issues regarding property and legal interests causing concrete injuries. By default of the federal executive and legislative branches, the judicial branch is increasingly the source sought for relief.3 As the U.S. Supreme Court held, in Spokeo, Inc. v Robins, No. 13-1339, 578 U.S.___; 136 S.Ct. 1540, (2016) (hereafter "Spokeo"), the Constitution's "case or controversy clause" requires any plaintiff in federal court to allege an injury-in-fact that is "concrete and particularized".4 The Court stated that "concrete" injury, as defined in dictionaries, must exist: A 'concrete' injury must be 'de facto'; that is, it must actually exist. See Black's Law Dictionary, 479 (9th ed. 2009). When we have used the adjective 'concrete,' we have meant to convey the usual meaning of the term—'real,' and not 'abstract.' Webster's Third New International Dictionary, 472 (1971); Random House Dictionary of the English Language 305 (1967). Concreteness, therefore, is quite different from particularization.
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