Jennifer Marlow, J.D.

Assistant Professor - Environmental Law

Jennifer  Marlow, J.D.
(707) 826-3828
Natural Resources (NR) Building, Rm. 219

I joined the faculty at Humboldt most recently from Alaska, where environmental law as it applies to the natural environment is being tested to the extreme. Major pieces of landmark wilderness are poised for oil and gas development. Shorelines and the structures they support are eroding. The world’s most productive fisheries are threatened by major mining operations. My approach to teaching environmental coursework at Humboldt is informed by years of footwork dancing around these challenges and also by the joys, disappointments, and connections that link Alaska’s environmental issues to global-scale social, economic, political, and cultural challenges.

Fundamentally, I take a practical approach to deep questions tugging at the social consequences of a degraded global environment. As an advocate, I’ve applied multiple tools—litigation, community lawyering, non-profit community organizing, design, scenario planning, social art, entrepreneurship, and conflict resolution. These diverse approaches share one thing in common—a curious and careful questioning of assumed and official outcomes. My overall approach to environmental problem solving invites a willingness to be surprised and cultivate an open mind. It is these nimble skills that I hope to hone with my students, along with the technical and detailed grind of learning the letter of the law. 

Before arriving on campus, I provided legal counsel to nonprofits, community groups, and other clients on regulatory compliance, environmental, climate, administrative, and constitutional matters, and my teaching is an extension of my practice of law. My law practice was shaped and influenced by the interdisciplinary complexities of environmental conflicts and the expertise of my colleagues in law, the sciences, social sciences, arts and humanities, and by affected communities facing the realities of unprecedented environmental change. I bring a unique expertise in climate law and climate adaptation, particularly in pre-disaster contexts, to the classroom—subjects about which I have presented and published in a wide variety of venues, in the U.S. and internationally. 

I teach to further my ongoing commitment to developing a climate justice practice. Example past projects include: co-founding and running the climate justice nonprofit Three Degrees Warmer for a decade and co-chairing the Three Degrees Conference on the Law of Climate Change and Human Rights at UW Law School; serving as a probono attorney for Our Children’s Trust’s atmospheric trust legal campaign; and curating Re-Locate, an arts and research collective in support of a community-led relocation planning process in Kivalina, Alaska. I also co-owned Re-Locate LLC, a small business that developed relocatable infrastructure and sanitation services for rural Alaska.

 

Specialty Area

Areas of Interest:

  • Environmental Law
  • Environmental Policy
  • Climate Justice
  • Conflict Resolution
  • Climate Adaptation
  • Institution Design and Futurism

Teaching

ESM 305 Environmental Conflict Resolution
ESM 325 Environmental Law and Regulation
ESM 499 Justice, Equity, Diversity, and Inclusion Committee Seminar

Education

J.D., 2010, University of Washington School of Law, Seattle, WA
B.S., 2002, Environmental Studies, Middlebury College, VT

Courses Taught

ESM 305 Environmental Conflict Resolution
ESM 325 Environmental Law and Regulation
ESM 499 Justice, Equity, Diversity, and Inclusion Committee Seminar

Research

My research engages intractable issues with entangled ethics that present decadal problems, humanized by the real struggles and triumphs of everyday life in a climate-changed world. My climate justice practice relies on ethnographic and empirical components that require long-term and sustained relationships with climate affected–communities.

The focus of my research from 2011–2019 was on climate displacement and planned community relocation. Past projects included: co-designing and building in-village relocation planning center with residents in Kivalina, Alaska; co-designing and building a human waste biorefinery; and producing a digital relocation archive of culturally curated content.

Currently, my research focuses on related climate justice themes: tribal sovereignty and offshore wind, and plausible futures for spent nuclear fuel sites exposed to climate and coastal hazards. I am also serving as a lead author for California’s 5th Climate Assessment North Coast Regional Report. For more on my latest research, see 44feetproject.com. See also this KEET TV Headline Humboldt interview about some of my collaborative NSF-funded research.

Current Graduate Students

Name Thesis
Julie Sorfleet
Alyssa Suarez
Alexander Brown

Publications

I have published in law reviews and peer-reviewed journals on topics including climate displacement and relocation, human security, fundamental rights, long-term responsible management of spent nuclear fuel, and transformative approaches to sea level rise research and planning. For an updated list of my publications, view my Google Scholar page.

I have also co-authored media pieces and amicus (“friends of the court”) briefs, including:

Media

  •  Jennifer Marlow, “Interior Secretary Has ‘Much to Learn’ from Kivalina’s Iñupiaq Elders on Climate Change and Village Relocation,” Huffington Post THE BLOG (Feb. 23, 2015), https://www.huffingtonpost.com/entry/interior-secretary-has-mu_b_6721494....
  • Michael Gerace, P. Joshua Griffin and Jen Marlow, “Frontline Communities Are Making the Post-climate World,” Creative Time Reports (Dec. 11, 2015), http://creativetimereports.org/2015/12/11/relocate-kivalina/Advocacy Briefs (Co-Author).
  • Amicus curiae brief in support of plaintiffs’ motion for reconsideration en banc for The Fred T. Korematsu Center for Law and Equality (“Korematsu Center"), and a group of law school clinics, law professors, and climate legal activists, Juliana v. U.S., No. 24-684 (9 th Cir., June 28, 2024).
  • Amicus curiae brief for Law Professors, Sinnok v. State of Alaska, Alaska Supreme Court (March 26, 2019).
  • Brief for Interfaith Moral Action on Climate et al. as Amici Curiae in support of the Plaintiffs-Appellants Seeking Reversal, Alec L., et al. v. McCarthy, et al., No. 13–5192, 2014 WL3013301 (D.C. Cir. June 5, 2014).
  • Brief for The Sisters of Mercy of the Americas’ Institute Leadership Team, Jeffery D. Sachs, et al. as Amici Curiae in support of the Petitioners, Alec L., et al. v. Gina McCarthy, et al., 135 S. Ct. 774 (No. 14–405), 2014 WL 6860603.