Foundation Award for Research

Carol Miller

Carol Miller

Finance and General Business
College of Business

I. Focus of Research

My recent research focus emphasizes environmental sustainability. The current administration’s changes in environmental regulations are seriously jeopardizing environmental protection of air, water, species and human health. Executive orders emphasized expediting energy projects (especially coal, oil pipelines, and drilling in the pristine Arctic National Wildlife Refuge and offshore), while reducing the time-frame and length of environmental impact statements that are intended to consider the serious negative environmental impact of projects before permits are approved. Business permits are being issued with minimal real regard to harm to endangered species, human health or climate change factors, and permits often are not even being required for activities that result in “incidental take” of species. Current administration priorities are incongruent with environmental sustainability.  

I have also examined Federal Trade Commission guidelines on marketing products that claim to have positive environmental attributes. Benefit corporation statutes have been passed in thirty states, allowing a business to include environmental or social justice priorities in its articles of incorporation as part of its stated purpose. Social justice components of environmental sustainability also include the impact that barriers have on tenants to assert warranty of habitability defenses when the premise includes health and safety problems.

II. Major Projects

  • “Offshore Oil Leasing:  Trump Administration’s Environmentally Dangerous Energy Policy,” 
    43 WILLIAM AND MARY ENVIRONMENTAL LAW AND POLICY REVIEW 329-390 (2019). Co-authored with Bonnie Persons, Cal. St. University-Chico https://www.wmelpr.com/wp-content/uploads/2019/05/01_Miller-Persons.pdf
     

  • “For a Lump of Coal & a Drop of Oil:  An Environmentalist’s Critique of the Trump Admin’s First Year of Energy Policies,” 36 VIRGINIA ENVIRONMENTAL LAW J. 185-274 (2018). http://www.velj.org/uploads/1/2/7/0/12706894/36_va_envtl_lj_n2_185_274.pdf
     

  • “Migratory Birds – Greater Vulnerability under Trump Administration’s Policies on Incidental Take and Habitat,” American Bar Association TIPS Endangered Species section & Animal Law Section of TIPs joint website publication pages 18, 34-42 (Spr 2019).
     

  • “Missouri's Implied Warranty of Habitability: It's Time for Meaningful Clarification," 75 Journal of the MO BAR 232-235, 259-262 (Sept.–Oct. 2019) Co-authored with Jana Ault-Phillips
     

  • “The Implied Warranty of Habitability:  Is Rent Escrow the Solution or the Obstacle to Tenant’s Enforcement?,”  accepted for publication by the 25 CARDOZO JOURNAL OF EQUAL RIGHTS AND SOCIAL JUSTICE 1-41 (Fall 2018).  Co-authored with Jana Ault-Phillips
     

  • “FTC Environmental Marketing Guides:  Clarify Attributes,”  72 J MO BAR  196-203
               (July/August 2016).   Co-authored with Ross Petty (Babson University).
     

  • “Benefit Corporations and Other Socially Responsible Business Organization Structures,”
               35 REGIONAL BUSINESS REVIEW 53-73 (2016).
     

  • “Corrective Advertising Preamble For Tobacco Disclosures,”  35 ADVERTISING COMPLIANCE
                  SERVICE 3-8, 3-6  (JUNE 1 & 15, 2015).

III. Future Directions of Research

I plan to continue exploring environmental sustainability issues as they tie to governmental policies and regulations.  I also anticipate examining constitutional limitations on executive action, and federalism issues that impact addressing environmental problems.

IV. Topics related to your research and of interest to the broad University Community, for which you are available for presentations and/or consultations.

  • environmental laws, sustainability issues
  • conservation easements
  • premises liability
  • regulation of tobacco products