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Articles 1 - 30 of 34
Full-Text Articles in Law
A State Within A State: Re-Examining The Federal Lands Question And Its Effect On State Sovereignty, David Wilde
A State Within A State: Re-Examining The Federal Lands Question And Its Effect On State Sovereignty, David Wilde
William & Mary Environmental Law and Policy Review
Though the path of the public lands debate is well-trodden, this Note will seek to answer the question in novel ways. First, it uses the Corpus of Founding Era American English to perform an objective linguistic analysis of the phrase “dispose of” in the Property Clause. Through this analysis, it appears that an ordinary person at the time the Constitution was adopted would most likely have read the phrase “dispose of” in the Property Clause to mean sell, give away, bestow, or put into another’s hand or power.
Next, this Note investigates the historical and philosophical understandings of state sovereignty …
Reflections On Rural Resilience: As The Climate Changes, Will Rural Areas Become The Urban Backyard?, Elizabeth Andrews, Jesse Reiblich
Reflections On Rural Resilience: As The Climate Changes, Will Rural Areas Become The Urban Backyard?, Elizabeth Andrews, Jesse Reiblich
William & Mary Environmental Law and Policy Review
This Article discusses the impacts of climate change on rural communities, including how they can exacerbate current economic and environmental challenges there, such as increasing absentee landownership and nonexistent or failing septic systems. It focuses on the accompanying policy challenges in addressing these issues with an emphasis on efforts to address the needs of socially vulnerable communities. Additionally, it proposes key policy recommendations, including funding, planning for sea level rise, public education and communication, and addressing rural needs in the Chesapeake Bay Total Maximum Daily Load (“TMDL”) process.
Environmental Federalism As Forum Shopping, Cale Jaffe
Environmental Federalism As Forum Shopping, Cale Jaffe
William & Mary Environmental Law and Policy Review
Public policy advocates of all stripes—litigators, politicians, or newspaper columnists—invoke principles of federalism when they are imploring Congress to respect limits imposed by Article I, and when they are insisting that a state legislature accede to the supremacy of a duly enacted national law, invoking Article VI. Yet historically, application of the term, “federalism,” at least in the context of environmental law, has been driven far more by pragmatic considerations than constitutional ones.
This pragmatic approach should not be surprising because, at its core, federalism simply asks what is the right level of government to solve a given problem. After …
Cubular Corridors: Merging Vertical Urbanism With Accessibility Initiatives, Michael N. Widener
Cubular Corridors: Merging Vertical Urbanism With Accessibility Initiatives, Michael N. Widener
William & Mary Environmental Law and Policy Review
No abstract provided.
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
Requiescat In Pace: The Cemetery Dedication And Its Implications For Land Use In Louisiana And Beyond, Ryan M. Seidemann
William & Mary Environmental Law and Policy Review
No abstract provided.
Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez
Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez
William & Mary Environmental Law and Policy Review
In 2015, the City of Los Angeles adopted the controversial Mobility Plan 2035. The Plan restructures city transportation planning by emphasizing alternatives to cars for the next twenty years. Predictably, bike lanes became its most polemic aspect. The Plan envisions dramatic increases in bike lanes throughout car-obsessed Los Angeles. This bike lane increase was challenged in court, with objectors claiming that eliminating car lanes would increase congestion and compromise air quality. These arguments are ironic, since environmental justifications typically motivate bike projects.
The Mobility Plan illustrates how law supports and challenges bike lane projects. This Article argues that although this …
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
The Impact Of The Tobacco Buyout On The Commonwealth's Open Spaces: Protecting Open Land By Expanding The Scope Of Use Value Assessment, Mary Atkinson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville
The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville
William & Mary Environmental Law and Policy Review
No abstract provided.
From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll
From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll
William & Mary Environmental Law and Policy Review
No abstract provided.
Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean
Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean
William & Mary Environmental Law and Policy Review
This Article posits that corporate real estate development of coastal property can coexist with conservation strategies to preserve the ecological and cultural integrity of the barrier islands along the southeastern seaboard. Reformed corporate land use techniques that reflect prudent and sustainable master-planned communities may result in manageable natural and cultural resource preservation. The Introduction defines the historical, cultural, and ecological significance of the Sea Islands, an archipelago stretching from the Carolinas to Florida. Part I presents a series of corporate real estate redevelopment projects on the Sea Islands for analysis. Part II sets forth viable solutions for the implementation of …
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman
William & Mary Environmental Law and Policy Review
No abstract provided.
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.
Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin
Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin
William & Mary Environmental Law and Policy Review
No abstract provided.
Biophilic Urbanism: Inviting Nature Back To Our Communities And Into Our Lives, Timothy Beatley
Biophilic Urbanism: Inviting Nature Back To Our Communities And Into Our Lives, Timothy Beatley
William & Mary Environmental Law and Policy Review
No abstract provided.
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
The Land Use Stabilization Wedge Strategy: Shifting Ground To Mitigate Climate Change, John R. Nolon
William & Mary Environmental Law and Policy Review
This article describes how local governments, through the clever application of existing land use techniques, can mitigate climate change. This strategic path follows one developed by Princeton professor Robert Socolow, who identified and described fifteen categories for organizing society's climate change mitigation efforts.1 Five of Socolow's strategic categories fall within the reach of local land use authority: reduced use of vehicles, energy efficient buildings, vegetative carbon sequestration, wind power, and solar power.2 Through the aggregation of these local land use techniques, significant energy savings and carbon dioxide ("C02") reduction can be achieved. After making some background points, this article describes …
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
William & Mary Environmental Law and Policy Review
No abstract provided.
Wetlands Mitigation: Retroactive Application Of Clean Water Act Requirements To Property Destroyed By Natural Disasters, John Stapleford
Wetlands Mitigation: Retroactive Application Of Clean Water Act Requirements To Property Destroyed By Natural Disasters, John Stapleford
William & Mary Environmental Law and Policy Review
No abstract provided.
The Landscape Art Of Daniel Urban Kiley, John Nivala
The Landscape Art Of Daniel Urban Kiley, John Nivala
William & Mary Environmental Law and Policy Review
No abstract provided.
Reinventing Growth Management For The 21st Century, Douglas R. Porter
Reinventing Growth Management For The 21st Century, Douglas R. Porter
William & Mary Environmental Law and Policy Review
No abstract provided.
Managing Space To Manage Growth, Daniel R. Mandelker
Managing Space To Manage Growth, Daniel R. Mandelker
William & Mary Environmental Law and Policy Review
No abstract provided.
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
"Hybrid" Farmland Protection Programs: A New Paradigm For Growth Management, Edward Thompson Jr
William & Mary Environmental Law and Policy Review
No abstract provided.
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
Some Unconventional Thoughts On Sprawl, Mark Fina, Leonard Shabman
William & Mary Environmental Law and Policy Review
No abstract provided.
Introduction To The Symposium 1999: Land Use In The 21st Century: The Next Frontier For Environmental Law, Jason Rylander, Erika Kroetch
Introduction To The Symposium 1999: Land Use In The 21st Century: The Next Frontier For Environmental Law, Jason Rylander, Erika Kroetch
William & Mary Environmental Law and Policy Review
No abstract provided.
Where Yards Are Wide: Have Land Use Planning And Law Gone Away?, Lee R. Epstein
Where Yards Are Wide: Have Land Use Planning And Law Gone Away?, Lee R. Epstein
William & Mary Environmental Law and Policy Review
No abstract provided.
The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis
The Role Of The Virginia Marine Resources Commission In Regulating And Zoning The Water Bodies Of The Commonwealth, Keith Warren Davis
William & Mary Environmental Law and Policy Review
No abstract provided.
The Strict Neutrality Principle: Workable Solution For First Amendment Challenges To Preservation Designation Of Religious Landmarks?, S. Kathleen Pepper
The Strict Neutrality Principle: Workable Solution For First Amendment Challenges To Preservation Designation Of Religious Landmarks?, S. Kathleen Pepper
William & Mary Environmental Law and Policy Review
No abstract provided.
Recent Developments In Endangered Species Case Law, Sean C. Skaggs
Recent Developments In Endangered Species Case Law, Sean C. Skaggs
William & Mary Environmental Law and Policy Review
No abstract provided.
Supreme Court Okays Restrictions On Commuter Parking
Supreme Court Okays Restrictions On Commuter Parking
William & Mary Environmental Law and Policy Review
No abstract provided.
Land Use Regulation For Aesthetic Purposes
Land Use Regulation For Aesthetic Purposes
William & Mary Environmental Law and Policy Review
No abstract provided.
Subdivision Exactions And Access To Public Beaches
Subdivision Exactions And Access To Public Beaches
William & Mary Environmental Law and Policy Review
No abstract provided.