Law Commons^™

Environmental Assessment In A Time Of Rapid Change And High Uncertainty: The Addition Of Resilience Assessment To Nepa, Bronson J. Pace, Barbara A. Cosens

William & Mary Environmental Law and Policy Review

This Article turns to ecological resilience theory to understand the behavior of SES [socioecological system] undergoing change. Informed by the emergent and surprising behavior of these complex systems, this Article argues for the option of resilience assessment under NEPA [National Environmental Policy Act] for use in application to climate adaptation measures in the United States. The amendment also provides an alternative approach to pre-project judicial review to ensure legitimacy within a more flexible process.

To this end, Part I addresses why an alternative approach to environmental assessment is needed in the context of climate adaptation by providing an overview of …

The African Century: Renewable Energy Opportunities In Sub-Saharan Africa, Joshua Mackinnon

William & Mary Environmental Law and Policy Review

Even if the world’s developed nations are able to curb their carbon emissions in the coming years, major hurdles will still exist. One such hurdle is fulfilling energy needs in urbanizing areas, like sub-Saharan Africa. Many global regions are urbanizing but none as rapidly as sub- Saharan Africa. The global share of Africa’s urban residents is expected to grow from 11.3% in 2010 to 20.2% by 2050.

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While sub-Saharan African countries have peculiar social and economic characteristics, there are common elements that allow this Note to focus on the region as a whole. This general approach can be adjusted …

The Tide's Coming In: A New Case For Beachfront Property Rights In South Carolina, Alex Boone

William & Mary Environmental Law and Policy Review

Part I of this Note explores the scientific data as it relates to the impending consequences of climate change on South Carolina’s coast and will introduce the disastrous scenarios that are predicted to arise as a result of rising sea levels and the accelerating strength and severity of extreme weather events. Part II compares the effectiveness of various coastal resiliency tools and highlights the regulatory framework that prohibits their use by beachfront property owners. Part III explores the topic of regulatory takings and their indirect prophylactic nature of protecting citizens from regulatory overreach and offers a case for a South …

Disclosing Esg Matters: Advancing Nonfinancial Policy Through The Sec, Anna Bailey

William & Mary Environmental Law and Policy Review

This Note argues that mandatory ESG [environmental, social, and governance] disclosure would be a valuable step in the larger fight against the deleterious effects of climate change. First, standardized disclosure would provide investors a better understanding of the climate risks associated with their investments by increasing the quality of that information supplied. This standardization would be a valuable driver in corporate behavior because mandated disclosure tends to result in shifts in corporate behavior. Previous examples of disclosure for nonfinancial risks, such as disclosure relating to state sponsors of terrorism and use of conflict minerals, illuminate how mandating ESG disclosure will …