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Articles 1 - 30 of 150
Full-Text Articles in Law
Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli
Could A More Limited Environmental Goods Agreement Resolve Continued Issues In Cities Compliance?, Andrew Coccoli
William & Mary Environmental Law and Policy Review
This Note will adopt an economic perspective while advocating for the most sustainable practices in natural resources management. It will first conduct a series of case studies of natural resources for which there is transnational or international demand, but unsustainable management. While CITES-listed resources will be considered with particular attention, unlisted and more conventional resources will also be considered. In its second part, this Note will consider mechanisms currently available in international trade to accommodate environmental progress, then will set forth various new measures the WTO could adopt to incentivize sustainable management of the Part I resources. Part III will …
Charting A Course To Conserve 30% Of Freshwaters By 2030, Sandra B. Zellmer
Charting A Course To Conserve 30% Of Freshwaters By 2030, Sandra B. Zellmer
William & Mary Law Review
One of President Biden’s earliest executive orders established an ambitious national goal to conserve at least 30 percent of U.S. lands, waters, and oceans by 2030. The Biden administration is not alone; over 100 countries support this goal as a means of combating climate change and slowing the pace of species extinction, both of which are accelerating at a rate that is unprecedented in history.
Despite its vow to pursue a wide-sweeping, all-of-government approach, Biden’s 30 by 30 initiative overlooks a critical component of the conservation goal—it pays virtually no attention to freshwater. Freshwater ecosystems are among the most endangered …
Protecting Terrapins With Teds In Virginia: Lessons From Other States, Bridget Verrekia, Shelby Fuchs
Protecting Terrapins With Teds In Virginia: Lessons From Other States, Bridget Verrekia, Shelby Fuchs
Virginia Coastal Policy Center
This paper highlights case studies about other states' efforts to require or incentivize the use of TEDs [terrapin excluder devices] and recommends policies for Virginia to adopt that have proven successful elsewhere. First, it outlines the threats to terrapins at large, as well as the threat posed by commercial and recreational crabbing, specifically. Next, it details the efforts that other East Coast states have made to combat the problem, including policies that require or incentivize the use of TEDs on crab pots, and discusses the regulatory framework currently in place in Virginia. Finally, this paper concludes by analyzing the approaches …
Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park
Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park
William & Mary Environmental Law and Policy Review
This Note calls for the Virginia Supreme Court to recognize that a city’s right to freely pollute the public waterways is no longer valid under the Virginia Constitution, and to recognize that the line of Darling cases granting municipalities the public right to pollute waterways should have been overturned.
Part I will set out the foundation for this Note. It will discuss the background of Johnson v. City of Suffolk, laying the context for this Note’s discussion. Part II will engage in an analysis of the rationale for Darling. It will contextualize and compare it to current understandings …
Stuck In The Net: Promoting Global Shark And Ray Populations Through National Sustainability Import Laws, Kelsey Peden
Stuck In The Net: Promoting Global Shark And Ray Populations Through National Sustainability Import Laws, Kelsey Peden
William & Mary Environmental Law and Policy Review
Shark and ray populations are crucial to a healthy oceanic ecosystem, but regulation of harm is difficult to manage for these highly migratory species. The massive decline of shark and ray populations has triggered an international response, including collaborative protections against the overharvest and sale of endangered groups. However, recent studies show that protections must extend past direct harvest because an estimated thirty to fifty percent of population kills occur through “accidental by-catch” in the fishing process. The United States has attempted to fill some of the missing protections for sharks in national waters, as well as to implement bans …
Encouraging Sustainable Innovation: Is There Room For A Post-Grant Environmental Challenge In American Patent Law?, Samuel Habein
Encouraging Sustainable Innovation: Is There Room For A Post-Grant Environmental Challenge In American Patent Law?, Samuel Habein
William & Mary Environmental Law and Policy Review
This Note examines potential changes within the American patenting system that might renew the U.S. Patent and Trademark Office’s (“USPTO”) dedication to the promotion of progress through a post-grant environmental challenge to patents. There are many ways to encourage “green” innovation by challenging practices that harm the environment, but the patent system has a unique ability to discourage environmentally harmful innovation by refusing to grant exclusionary rights—rights that many industries require to thrive. However, a post-grant environmental challenge would undoubtedly disrupt the American patent system in severe ways that this Note does not address. Therefore, this Note is not arguing …
Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum
Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum
William & Mary Environmental Law and Policy Review
This Article explores the issue of quality of citizen data through the lens of Potomac Riverkeeper v. Wheeler, a recent impaired waters listing case concerning the Shenandoah River in Virginia. Part I of this Article provides a brief overview of citizen science data in regulation and policymaking under the CWA. Part II discusses Potomac Riverkeeper v. Wheeler, examining Virginia’s water quality-related data standards and DEQ’s use (and non-use) of citizen water quality-related data and information in that case. Finally, Part III argues that Virginia should establish clear, reasonable, and specific data quality standards for qualitative citizen data so …
(Re)Empowering The Community: A Case Study Of Namibia's Legal Evolution Of Wildlife Governance, Stefan Carpenter
(Re)Empowering The Community: A Case Study Of Namibia's Legal Evolution Of Wildlife Governance, Stefan Carpenter
William & Mary Environmental Law and Policy Review
This Article will introduce the theoretical foundation of the CBC [Community-Based Conservation] approach. It will then use Namibia as a case study to both: (a) illustrate the sort of historical, political, and economic drivers that motivate the adoption of CBC across the global south, and (b) highlight the existence of potential structural weaknesses present in even the most lauded CBC programs. Finally, this Article will present some of the common theoretical and results-based criticisms of CBC and discuss broader lessons that can be drawn from the Namibian experience. The analyses in this Article draw from academic literature, Namibia’s statutes and …
The Water Is On Fire: Current Circuit Approaches To Fee-Shifting In Citizen-Suits Under The Clean Water Act And The Need For Clearer And More Uniform Standards, Charles Kinley
William & Mary Environmental Law and Policy Review
This Note will start by providing a short explanation of the origins of and congressional goals for the fee-shifting provision in the CWA [Clean Water Act]. It will then offer a brief summary of how Supreme Court precedent has both clarified and confused this issue. Then, it will dive into an examination of how the different circuits and their district courts have interpreted the CWA’s fee-shifting provision and how these interpretations have struggled with past Supreme Court decisions. Finally, this Note will explore the costs and benefits associated with these fee-shifting standards and offer a potential solution to this problem. …
New Strategies For Groundwater Litigation In Texas, Amy Hardberger
New Strategies For Groundwater Litigation In Texas, Amy Hardberger
William & Mary Environmental Law and Policy Review
This Article evaluates the evolution of the understanding of groundwater rights since the Day decision and assesses the relative power of property rights in groundwater that have emerged and what can be done to equalize resulting inequities. Part I reviews the current state of groundwater ownership rights and includes a brief history of litigation that led to that point. Part II explains the authority and obligations of groundwater conservation districts, which create a regulatory overlay on the common law vested rights through permitting rules and the statewide planning process. Part III summarizes the history of constitutional challenges litigated after the …
Not Approved For Human Consumption: A Study Of The Denmark Water Crisis, A Call For Reforming The Swda, And A Demand For Community Lawyering In Rural America, Matthew Woodward
Not Approved For Human Consumption: A Study Of The Denmark Water Crisis, A Call For Reforming The Swda, And A Demand For Community Lawyering In Rural America, Matthew Woodward
William & Mary Environmental Law and Policy Review
Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, “an estimated 16.4 million cases of acute gastroenteritis” are linked to public drinking water. For many Americans, drinking water—perhaps the most important cornerstone of human health—has become cause for concern.
In Flint, Michigan, this concern turned to panic. In 2014, after toddlers began developing painful skin conditions, children fell seriously ill, and tap water emerged in the form of thick, orange-brown sludge, the people of Flint began to wonder: is there something in the water? What soon became …
The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh
The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh
Faculty Publications
As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry, and …
Bird-Safe Buildings Act: Ready To Take Flight, Kerry Sean Cooney
Bird-Safe Buildings Act: Ready To Take Flight, Kerry Sean Cooney
William & Mary Environmental Law and Policy Review
No abstract provided.
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
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, …
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
William & Mary Environmental Law and Policy Review
No abstract provided.
Too Little, Too Late: Congress's Attempt To Regulate Forever Chemicals Through Military Appropriations, Michael Heard Snow
Too Little, Too Late: Congress's Attempt To Regulate Forever Chemicals Through Military Appropriations, Michael Heard Snow
William & Mary Environmental Law and Policy Review
Per- and polyfluoroalkyl substances, shortened to “PFAS,” are a broad class of approximately 4,000 to 6,000 industrial chemicals characterized by a carbon chain saturated with fluorine molecules. This structure, dominated by carbon-fluorine bonds, is one of the most stable known chemical structures—and it is this stability that lies at the core of both the usefulness and the greatest issues surrounding PFAS. They are generally non-reactive except at tailored “active sites” and they never break down naturally—leading to the nickname “forever chemicals.” The persistence of their structures creates a plethora of desirable characteristics: PFAS are grease-resistant, waterproof, fireproof, stain-proof, and chemically …
Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis
Community-Driven Climate Solutions: How Public-Private Partnerships With Land Trusts Can Advance Climate Action, Jessica Grannis
William & Mary Environmental Law and Policy Review
In 2018 and 2019, several landmark developments demonstrated the failings of past efforts to address climate change and the need for new and more ambitious solutions. In October 2018, the Intergovernmental Panel on Climate Change (“IPCC”) released a dire report indicating that the window is rapidly closing for countries to dramatically reduce emissions in order to avoid the worst consequences of climate change and predicting dramatic consequences to the environment and public health if countries fail to take action; young activists started taking to the streets to demand more ambitious action to address climate change; and, at the 25th Conference …
Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni
Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni
Virginia Coastal Policy Center
Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …
Carbon Market Opportunities In Virginia: Eelgrass, Marshes, Soils, And Forests, Imani Y. Price
Carbon Market Opportunities In Virginia: Eelgrass, Marshes, Soils, And Forests, Imani Y. Price
Virginia Coastal Policy Center
Carbon sequestration is the storage and capture of carbon dioxide from the atmosphere. Preserving carbon sequestering sources helps mitigate climate change. Eelgrass, marshes, soils, and forests all sequester carbon. Unfortunately, they are vulnerable to climate change and human development. This paper examines how these sources of carbon sequestration can be incorporated into Virginia’s climate change policies, including the creation of a carbon market. Among other aims, a carbon market would incentivize the preservation and restoration of these species, providing important environmental and economic benefits. The first section of this paper identifies several sources of carbon sequestration, as well as their …
An Emerging Containment Of (Legal) Concern: Pfas Legal Issues At The State And Federal Level, Michael S. Heard Snow, Conor M. Jennings
An Emerging Containment Of (Legal) Concern: Pfas Legal Issues At The State And Federal Level, Michael S. Heard Snow, Conor M. Jennings
Virginia Coastal Policy Center
Per- and polyfluoroalkyl substances, or PFAS, are a class of man-made industrial chemicals that have been widely used in a variety of ways, primarily in water-resistant coatings and fire-fighting foam. Their widespread use has led to broad contamination threats to human drinking water sources, including surface and groundwater. As a result, they are an emerging contaminant of concern that are swiftly turning into a global health threat on the forefront of regulatory and policy debates. PFAS have been detected in both aquatic life and humans, and research is increasingly clear that there are concrete health risks to excessive exposure. Currently …
Afternoon Keynote: How Climate Change Impacts Are Considered In The Credit Rating Process, Leonard Jones
Afternoon Keynote: How Climate Change Impacts Are Considered In The Credit Rating Process, Leonard Jones
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Eelgrass In Virginia: Assessing Opportunities And Obstacles For Blue Carbon Credits, Michael Jordan, Imani Price
Eelgrass In Virginia: Assessing Opportunities And Obstacles For Blue Carbon Credits, Michael Jordan, Imani Price
Virginia Coastal Policy Center
This Paper seeks to explore a few of the questions that eelgrass restoration project proponents will need to consider prior to participating in a voluntary carbon credit market, like the VCS [Verified Carbon Standard]. Part I of this Paper explores whether the Commonwealth of Virginia could participate as a project proponent in a voluntary carbon credit market, and then analyzes both constitutional limitations and statutory limitations on the current state agency charged with overseeing the state-owned bottomlands—the Virginia Marine Resources Commission (VMRC). It also explores a few possible solutions to constitutional and statutory issues. Assuming that the eelgrass restoration activities …
Federal Funding Programs: Benefit-Cost Analyses And Low To Moderate Income Communities, Kelsey Mcneill, Alyssa Glass
Federal Funding Programs: Benefit-Cost Analyses And Low To Moderate Income Communities, Kelsey Mcneill, Alyssa Glass
Virginia Coastal Policy Center
“Global average sea level has risen by about 7-8 inches (about 16-21cm) since 1990, with about 3 of those inches (about 7 cm) occurring since 1993.” Since both the ocean and the atmosphere are getting warmer, global sea levels are projected to rise at an increased rate over the coming centuries. Unsurprisingly, rise in sea level disproportionately negatively impacts coastal communities. For instance, a combination of high magnitude storms and sea level rise causes dangerous flooding to occur farther inland than in the past. Higher sea levels will also cause communities to flood more frequently around high tide even in …
Long-Term Considerations; The Role Of Finance In Discontinuous Responses; Approaches To Relocation, Andrew Keeler
Long-Term Considerations; The Role Of Finance In Discontinuous Responses; Approaches To Relocation, Andrew Keeler
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Environmental Impact Bonds, Gauri Gadgil
Environmental Impact Bonds, Gauri Gadgil
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Resiliency Strategies To Keep Our Communities Safe, Dawn Zimmer
Resiliency Strategies To Keep Our Communities Safe, Dawn Zimmer
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Parametric Insurance, Evan Glassman
Parametric Insurance, Evan Glassman
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Risk Regulation, Including The Nc Wind Pool, Donald T. Hornstein
Risk Regulation, Including The Nc Wind Pool, Donald T. Hornstein
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Overview Of Insurance And Finance Aspects Of Climate Risk, Including Credit Risk, Catastrophe Modeling, Tools, And Case Studies, Samantha Medlock
Overview Of Insurance And Finance Aspects Of Climate Risk, Including Credit Risk, Catastrophe Modeling, Tools, And Case Studies, Samantha Medlock
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Welcome And Opening Remarks, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews, Ann Phillips, Michael C. Sapnar
Welcome And Opening Remarks, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews, Ann Phillips, Michael C. Sapnar
Virginia Coastal Policy Center Annual Conference
No abstract provided.