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Articles 1 - 13 of 13
Full-Text Articles in Law
From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick
From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick
William & Mary Environmental Law and Policy Review
This Note offers a perspective on nationwide injunctions informed by a selection of environmental cases from roughly the last two decades. In doing so, it attempts to draw broader conclusions about when, if ever, federal courts should prohibit the enforcement of environmental policies nationwide. This Note proceeds as follows: Part I defines “nationwide injunction,” discusses the recent history of nationwide injunctions against the federal executive branch, and describes the absence of a clear legal standard governing nationwide relief. Part II examines six environmental cases in which plaintiffs have sought, or federal courts have ordered, nationwide relief. Part III suggests that, …
Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone
Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone
William & Mary Environmental Law and Policy Review
This Note will argue that diagonal federalism—a model of governance in which states partner with one another and local governments to pursue shared policy goals—is an ideal response to inconsistent climate change mitigation policy by the Federal Government. Part I provides an overview of the foundations of American environmental policy, how that policy is predicated on federal-state partnership, and the historical precedent for state-led action on climate change mitigation policy. Part II discusses how and why federal environmental policy, and by extension, federal climate change mitigation policy, has been so inconsistent. Part III illustrates how collaboration between the Federal Government …
Special State Standing Is Environmental: Clarifying Massachusetts V. Epa, Dorothea Allocca
Special State Standing Is Environmental: Clarifying Massachusetts V. Epa, Dorothea Allocca
William & Mary Environmental Law and Policy Review
When the Court granted states “special solicitude in [its] standing analysis” in Massachusetts v. EPA, it left lower courts with more questions than answers. While legal scholars continue to debate these questions thirteen years later, the practical impacts of Massachusetts v. EPA are coming into focus. Today states are suing the federal government, often in multistate coalitions, to enforce or challenge federal administrative policies. This intergovernmental, public-law litigation increased dramatically during the Obama administration and has further skyrocketed since January 2017. States do not exclusively rely upon special state solicitude in suing the federal government. However, this lowered procedural bar …
Ocean Of Uncertainty: Regulatory Barriers To Multiple Uses In Federal Waters, Kacie Couch, Tristan Griner
Ocean Of Uncertainty: Regulatory Barriers To Multiple Uses In Federal Waters, Kacie Couch, Tristan Griner
Virginia Coastal Policy Center
The potential for coexisting uses in offshore waters is great, but regulatory framework and federalism concerns exist that prevent zoning the oceans to allow for coexisting uses to reach their full potential. This paper seeks to anticipate and expand upon the potential benefits, consequences, and unknown variables in future development of offshore wind mixed use zones in federal waters off the coast of Virginia. Part I provides a brief introduction to offshore wind, offshore aquaculture, and the current regulatory framework that governs each of those ocean uses. Part II takes a deep dive into attempts to simplify regulatory oversight of …
Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek
Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek
William & Mary Environmental Law and Policy Review
No abstract provided.
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
William & Mary Environmental Law and Policy Review
Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current “pledge and review” paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …
The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen
The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen
William & Mary Environmental Law and Policy Review
No abstract provided.
It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie
It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie
William & Mary Environmental Law and Policy Review
No abstract provided.
Water Supply Planning In Virginia: The Future Of Groundwater And Surface Water, Jonathon Lubrano, Jeffrey Moore
Water Supply Planning In Virginia: The Future Of Groundwater And Surface Water, Jonathon Lubrano, Jeffrey Moore
Virginia Coastal Policy Center
This paper begins by exploring the current state of water resources planning and permitting. Then, considers current water demand in Virginia, as well as future challenges. Next is an examination of management structures from other states and a discussion of potential solutions to the water scarcity issue, including wastewater purification, the Hampton Roads Sanitation District’s (HRSD) Sustainable Water Initiative For Tomorrow (SWIFT) project, and desalination. The paper concludes with various next steps and policy recommendations that the Commonwealth should consider as dwindling water resources could hamper economic growth and threaten drought conditions, such as regional planning to achieve the optimal …
Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb
Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb
William & Mary Environmental Law and Policy Review
The U.S. has recently experienced a domestic energy renaissance, made possible by technological advances, enabling the development of unconventional oil and gas resources. Vital to this development is hydraulic fracturing (“fracking”), whereby fluid is injected underground at high pressure to fracture the rock, thereby enabling the flow of oil and gas. Fracking has recently faced growing opposition with many concerned about its environmental impacts, particularly its potential to adversely affect water resources, because fracking uses vast amounts of fresh water that ends up as contaminated wastewater. Most of this wastewater is disposed of through underground injection, resulting in its permanent …
A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne
A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne
William & Mary Environmental Law and Policy Review
Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews …
Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano
Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano
William & Mary Environmental Law and Policy Review
No abstract provided.
Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman
Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman
William & Mary Environmental Law and Policy Review
No abstract provided.