Law Commons^™

Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass

William & Mary Environmental Law and Policy Review

Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …

Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey

William & Mary Environmental Law and Policy Review

As society progresses and the population grows, uninhibited and unregulated pollution has become a pressing dilemma for current and future generations. Whether it is plastic on the beaches, oil in the oceans, or smog in the air, modern citizens of the Earth face a daily onslaught of visible consequences from the actions of polluters. But what about the not so visible consequences? Every day there is pollution occurring at a microscopic level, yet many are unaware of its presence. This infinitesimal issue is nutrient pollution, and despite its diminutive cause, it is deeply affecting one of the world’s most vital …

Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni

William & Mary Environmental Law and Policy Review

No abstract provided.

Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn

William & Mary Environmental Law and Policy Review

This Article uses a detailed case study of the Chesapeake to describe an emergent model of intergovernmental administration tailored to address our largest-scale environmental problems. The Obama EPA’s “total maximum daily load” (“TMDL”) in the Chesapeake has yet to be replicated. But it should be. The TMDL and its supporting norms were unique as an operational plan, achieving a level of transparency, accountability, means/ends rationality, and continuous improvement that were unprecedented at its scale. And whether this model can be replicated elsewhere turns out to be as much a question of law as of politics.

Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke

William & Mary Environmental Law and Policy Review

This Article presents a comparative institutional analysis of an increasingly important type of environmental conflict—the agricultural-waste-discharge and water-land-nexus conflict—using the recent citizen suit Waterkeeper v. Hudson as a case study. The objective is to assess the resource allocation efficiency and procedural fairness of the dispute processing in Hudson. The Hudson setting involves substantial scientific complexity, including ecological interdependencies, unobservable and observable land management decisions, pollutant transport, in-stream removal, and the problem of multiple and diverse sources of water quality pollution. Although the Hudson farm does fall under a regulated point source category in a state legislative definition, not all agricultural …

Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons

William & Mary Environmental Law and Policy Review

No abstract provided.

The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk

Oklahoma Law Review

No abstract provided.

A Tale Of Two Water Districts: The Future Of Agriculture In California's San Joaquin Valley Lies In Compromise Over Drainage, Kathleen Nitta

Golden Gate University Environmental Law Journal

This Comment will demonstrate why enforcement of the lower San Joaquin River total maximum daily load (TMDL) for selenium under the Clean Water Act should be postponed by amending the Basin Plan for the lower San Joaquin and Sacramento Rivers to extend the selenium compliance schedule for the Grassland Area Farmers (GAF) until it finishes implementing its drainage management plan. This Comment will also discuss why the GAF’s drainage plan should be used as a model for Westlands and should prompt Congress to amend the San Luis Act to require Westlands’ farmers to provide their own drainage.

Part II will …

A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley

Golden Gate University Environmental Law Journal

This Comment argues that the federal and state standards for reducing marine life mortality from power-plant intakes should be applied to a statewide policy for new desalination projects in California. Under this framework, open seawater intakes should not be permitted for new desalination plants. Part II of this Comment provides an overview of the history and technology of desalination as well as environmental impacts of open seawater intakes and alternative intake technologies. Part III surveys existing state and federal laws addressing open seawater intakes and suggests a framework for applying these laws to desalination projects. Part IV argues that new …

Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom

Golden Gate University Environmental Law Journal

In an effort to examine the implications EPA’s ability to extend Clean Water Act protection through the use of its special-case determination authority, this Article provides a case study of the Los Angeles River and the regulatory interplay between the Army Corps and the EPA. To begin, Part I sets forth the factual background of the LA River, describing its fickle and often volatile physical nature. It then describes the legal framework underlying the case by providing an overview of the Clean Water Act, its shared administration by the EPA and Army Corps, and the basis for the EPA’s special-case …

Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline

Golden Gate University Law Review

This note addresses the Dombeck opinion and its relation to the State of California's nonpoint source water pollution. A brief description of Section 401 provides contextual support for the court's holding in Dombeck. In addition, the full impact of the Dombeck decision on California water quality cannot be understood without a discussion of the current nonpoint source pollution issues, and pollution control mechanisms currently in place on federal lands within California. Therefore, a brief analysis of nonpoint source pollution issues and policy (generally in the context of grazing) will precede the Dombeck case analysis.

Priceline For Pollution: Auctions To Allocate Public Pollution Control Dollars, Robert W. Adler

William & Mary Environmental Law and Policy Review

No abstract provided.

Mitigation Banking: Is State Assumption Of Permitting Authority More Effective, Adrienne M. Sakyi

William & Mary Environmental Law and Policy Review

No abstract provided.

Climate Change Comes To The Clean Water Act: Now What?, Robin Kundis Craig

Washington and Lee Journal of Energy, Climate, and the Environment

In January 2009, the EPA agreed to respond to the Center for Biological Diversity’s (CBD’s) petition requesting it to modify its marine pH water quality criteria to reflect ocean acidification. Ocean acidification, however, is a by-product of increasing concentrations of carbon dioxide in the atmosphere. Thus, climate change has come to the Clean Water Act—and in May 2009, the CBD filed suit in the U.S. District Court for the District of Washington to bring this point home. The question, of course, is what the Clean Water Act can actually contribute to efforts to deal with climate change. After reviewing the …

Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White

William & Mary Environmental Law and Policy Review

No abstract provided.

Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell

William & Mary Environmental Law and Policy Review

No abstract provided.

Smithfield Foods: A Case For Federal Action, Lee R. Okster

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen

William & Mary Environmental Law and Policy Review

No abstract provided.

Gwaltney Of Smithfield Revisited, Ann Powers

William & Mary Environmental Law and Policy Review

No abstract provided.

Explaining The Controversy Surrounding United States V. Smithfield Foods, Inc., Robert H. Fuhrman, Patrick D. Traylor

William & Mary Environmental Law and Policy Review

No abstract provided.

United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland

William & Mary Environmental Law and Policy Review

No abstract provided.

State Permitting: United States V. Smithfield Foods, Inc. And Federal Overfiling Under The Clean Water Act, Stephen C. Robertson

William & Mary Environmental Law and Policy Review

No abstract provided.

The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert

William & Mary Law Review

No abstract provided.

Conflicting Directives: Water Quality And Appropriative Water Rights In The West, Alexandra E. Viscusi

William & Mary Environmental Law and Policy Review

No abstract provided.

Regulation Of Navy Ship Discharges Under The Clean Water Act: Have Too Many Chefs Spoiled The Broth, Daniel E. O'Toole

William & Mary Environmental Law and Policy Review

No abstract provided.