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Articles 1 - 11 of 11
Full-Text Articles in Law
Yielding To The Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley
Yielding To The Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley
William & Mary Environmental Law and Policy Review
In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those mines and the coal they produced provided jobs, put food on family tables in coalfield households, and even provided housing for hundreds of thousands of coal miners and their families. The bounty from America’s expanding coalfields fueled the Industrial Revolution and powered the nation’s steel mills, factories,steamboats, and railroads. It powered America’s defense through two World Wars and later military conflicts. Coal-fired power plants generated more than half of the electricity used in the United States in the latter quarter of the twentieth century. …
Offshore Oil Leasing: Trump Administration’S Environmentally Dangerous Energy Policy, Carol J. Miller, Bonnie B. Persons
Offshore Oil Leasing: Trump Administration’S Environmentally Dangerous Energy Policy, Carol J. Miller, Bonnie B. Persons
William & Mary Environmental Law and Policy Review
The Trump administration’s Executive orders on Promoting Energy Independence and Economic Growth (“Energy Independence Order”) and Implementing an America-First Offshore Energy Strategy (“Offshore Energy Order”) set the stage to open over 90% of the continental shelf to offshore oil drilling from 2019–2024. The Offshore Energy Order ignores the statutory requirements of the Outer Continental Shelf Lands Act (“OCSLA”) and the National Environmental Policy Act (“NEPA”) to balance energy exploration with safeguards for marine life and the environment. We analyze the lack of express authority in OCSLA for the President to rescind its protective designations, in comparison to other laws that …
Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald
Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald
William & Mary Environmental Law and Policy Review
Extraction of oil and gas from unconventional resources, recently enabled by technological innovations, revolutionized national and global markets. However, exploration and production still proceed under legacy regulations, mostly promulgated at the state level. The mismatch of modern production realities and historic regulatory structures creates opportunities for reducing conflicts that diminish economic value. This Article identifies regulations that originated under conventional extraction, and often enhance productivity in that setting, but create waste when applied to unconventional resources. Then, it identifies contractual solutions that have evolved as resource owners and extraction firms have adapted to new technologies. Contractual innovations help inform directions …
An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith
William & Mary Environmental Law and Policy Review
The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …
T-Rex, Jurassic Park And Nuclear Power: Nuclear Power Plants And The Courts After The Fukushima Nuclear Accident, Shigenori Matsui
T-Rex, Jurassic Park And Nuclear Power: Nuclear Power Plants And The Courts After The Fukushima Nuclear Accident, Shigenori Matsui
William & Mary Environmental Law and Policy Review
No abstract provided.
The Kimberley Process As A Framework For Regulating Conflict Oil And Gas Sourced From The South China Sea, Jamie Huffman
The Kimberley Process As A Framework For Regulating Conflict Oil And Gas Sourced From The South China Sea, Jamie Huffman
William & Mary Environmental Law and Policy Review
No abstract provided.
Survey Says . . . ? An Argument For More Frontloaded Ferc Public Use Provider Determinations As A Means Of Streamlining The Commission S Regulatory Role Over Interstate Natural Gas Pipeline Operators, Christopher Earle
William & Mary Environmental Law and Policy Review
No abstract provided.
A “Green” Approach To Hedge Fund Regulation And Reform, Matthew Keehn
A “Green” Approach To Hedge Fund Regulation And Reform, Matthew Keehn
William & Mary Environmental Law and Policy Review
No abstract provided.
“The Energy Capital Of The East Coast?”: Lessons Virginia Can Learn From Cape Wind Failure And European Success In Offshore Wind Energy, Lamya Moosa
William & Mary Environmental Law and Policy Review
No abstract provided.
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
William & Mary Environmental Law and Policy Review
Booming production of oil and gas from shale enabled by hydraulic fracturing technology has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Studies of how policy can best react to these challenges and how it can balance risk and reward have focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important—and in some senses predominant—role. Changes to that system, including burden-shifting rules …
Creating A Legal Framework For Regulation Of Natural Gas Extraction From The Marcellus Shale Formation, Laura C. Reeder
Creating A Legal Framework For Regulation Of Natural Gas Extraction From The Marcellus Shale Formation, Laura C. Reeder
William & Mary Environmental Law and Policy Review
No abstract provided.