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The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward Mar 2024

The Uncertain Future Of Tourism On Migrating Barrier Islands: How And Why The Outer Banks Of North Carolina Should Adjust To Growing Threats, Lillian Coward

William & Mary Law Review

Erosion, storms, and the migration of the barrier islands that comprise the Outer Banks themselves are not new. The rising seas that have resulted from climate change have merely exacerbated what has always occurred. What is new, however, is the economic havoc that natural processes and disasters alike can wreak on the islands. Today, because climate change has accelerated natural island migration, individuals, local governments, and the federal government alike have a lot to lose in the fight against the tides.

[...]

This Note will evaluate a variety of potential solutions to the problems that pose nearly existential threats to …


Disclosure Of Private Climate Transition Risks, Michael P. Vandenbergh Apr 2022

Disclosure Of Private Climate Transition Risks, Michael P. Vandenbergh

William & Mary Law Review

This Article identifies a gap in the securities disclosure regime for climate change and demonstrates how filling the gap can improve financial disclosures and accelerate climate change mitigation. Private climate initiatives have proliferated in the last decade. Often led by advocacy groups, these private initiatives have used naming and shaming campaigns and other means to induce investors, lenders, insurers, retail customers, supply chain customers, and employees to pressure firms to engage in climate change mitigation. Based on an empirical assessment of the annual reports filed with the Securities and Exchange Commission (SEC) by Fortune 100 firms and the largest firms …


Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change, Julia E. Sappey Apr 2021

Greening The Trust: Enforcing Pennsylvania's Environmental Rights And Duties To Combat Climate Change, Julia E. Sappey

William & Mary Law Review

Over the last century, humans have warmed the planet by approximately 1.0°C. Pennsylvania’s average temperature has risen 1.8°F in the last hundred years, and climate scientists predict it will warm an additional 5.4°F by 2050. These rising temperatures create feedback loops, leading to warming that will eventually become irreversible. Warmer temperatures have already led to melting ice caps, rising sea levels, dangerous weather patterns, and food shortages. Human-produced greenhouse gases (GHG) are the largest contributing factor to this warming. The scientific community largely agrees that if humans do not reach carbon neutrality by 2050, damage to the climate will be …


The Devil In Nepa's Details: Amending Nepa To Prevent State Interference With Environmental Reviews, Clay F. Kulesza Feb 2021

The Devil In Nepa's Details: Amending Nepa To Prevent State Interference With Environmental Reviews, Clay F. Kulesza

William & Mary Law Review

The environment is susceptible to human harms because it lacks a voice of its own. Yet environmentalists have used their voices for generations to promote environmental protection, causing Congress to pass a variety of laws that prevent needless environmental destruction. The National Environmental Policy Act of 1969 (NEPA) advances this goal by directing the federal government to undergo an environmental review process anytime it wants to begin a project that could have detrimental environmental impacts. This process ensures that the federal government knows how a project will impact the environment and whether any feasible alternatives to a project may have …


When (And Why) The Levee Breaks: A Suggested Causation Framework For Takings Claims That Arise From Government-Induced Flooding, Charles D. Wallace Nov 2019

When (And Why) The Levee Breaks: A Suggested Causation Framework For Takings Claims That Arise From Government-Induced Flooding, Charles D. Wallace

William & Mary Law Review

In 1968, the United States Army Corps of Engineers finished constructing the seventy-six-mile Mississippi River-Gulf Outlet (MR-GO) navigational channel. Congress authorized the Army Corps of Engineers to begin construction to create a shipping route between New Orleans and the Gulf of Mexico. However, the MRGO also caused significant erosion and other environmental detriments that greatly increased the risk of flooding around its vicinity. The Army Corps of Engineers learned about many of these detriments and risks through numerous studies it conducted between 1998 and 2005, but never fully addressed them.

Hurricane Katrina eventually showcased the MR-GO’s defects in violent fashion. …


The State Of Exactions, Timothy M. Mulvaney Oct 2019

The State Of Exactions, Timothy M. Mulvaney

William & Mary Law Review

In Koontz v. St. Johns River Water Management District, the Supreme Court slightly expanded the range of land use permitting situations in which heightened judicial scrutiny is appropriate in a constitutional “exaction” takings case. In crafting a vision of regulators as strategic extortionists of private property interests, though, Koontz prompted many takings observers to predict that the case would provide momentum for a more significant expansion of such scrutiny in takings cases involving land use permit conditions moving forward, and perhaps even an extension into other regulatory contexts, as well.

Five years on, this Article evaluates the extent to which …


Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka Oct 2018

Defining “Unduly”: Resolving Inherent Textual Ambiguity In The Imo’S Ballast Water Management Convention, John R. Bobka

William & Mary Law Review

No abstract provided.


A Tiny Fish And A Big Problem: Natives, Elvers, And The Maine Indian Claims Settlement Act Of 1980, John Sanders May 2016

A Tiny Fish And A Big Problem: Natives, Elvers, And The Maine Indian Claims Settlement Act Of 1980, John Sanders

William & Mary Law Review

No abstract provided.


Adopting Proactive Standards To Protect Americans In Indoor Environments: Volatile Organic Compound Emissions Regulation, James M. Andris Jr. Apr 2015

Adopting Proactive Standards To Protect Americans In Indoor Environments: Volatile Organic Compound Emissions Regulation, James M. Andris Jr.

William & Mary Law Review

No abstract provided.


Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House Apr 2014

Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House

William & Mary Law Review

First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …


Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner Apr 2012

Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner

William & Mary Law Review

It is generally believed that the judicial review of agency rulemakings helps protect the public interest against industry capture. Yet very little empirical research has been done to assess the accuracy of this conventional wisdom. This Study examines the entire set of air toxic emission regulations promulgated by the Environmental Protection Agency (EPA), with particular attention to those rules appealed to judgment in the court of appeals, and discovers significant disconnects between popular understanding of judicial review and rulemaking reality. Of these air toxic rules (N=90), the courts were summoned to review only a small fraction (8%), despite evidence that …


A Sea Of Change To Change The Sea: Stopping The Spread Of The Pacific Garbage Patch With Small-Scale Environmental Legislation, Jessica R. Coulter Apr 2010

A Sea Of Change To Change The Sea: Stopping The Spread Of The Pacific Garbage Patch With Small-Scale Environmental Legislation, Jessica R. Coulter

William & Mary Law Review

No abstract provided.


Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank Apr 2008

Should States Have Greater Standing Rights Than Ordinary Citizens?: Massachusetts V. Epa's New Standing Test For States, Bradford Mank

William & Mary Law Review

In Massachusetts v. EPA, the Supreme Court for the first time clearly gave greater standing rights to states than ordinary citizens. The Court, however, failed to explain to what extent or when states are entitled to more lenient standing. This Article concludes that the Court has historically given states preferential status in federal courts when a state files a parens patriae suit based on the state's quasi-sovereign interest in the health and welfare of its citizens or the natural resources of its inhabitants and territory. A quasi-sovereign interest is inherently less concrete and particularized than the types of injuries that …


Ratification Of Kyoto Aside: How International Law And Market Uncertainty Obviate The Current U.S. Approach To Climate Change Emissions, Shari L. Diener Apr 2006

Ratification Of Kyoto Aside: How International Law And Market Uncertainty Obviate The Current U.S. Approach To Climate Change Emissions, Shari L. Diener

William & Mary Law Review

No abstract provided.


In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King Apr 2002

In Need Of Enlightenment: The International Trade Commission's Misguided Analysis In Sunset Reviews, Jennifer K. King

William & Mary Law Review

No abstract provided.


Gatlin Oil Co. V. United States: A Myopic View Of Opa Liability, Brian Theodore Holmen May 2001

Gatlin Oil Co. V. United States: A Myopic View Of Opa Liability, Brian Theodore Holmen

William & Mary Law Review

No abstract provided.


Biophilia, The Endangered Species Act, And A New Endangered Species Paradigm, L. Misha Preheim Mar 2001

Biophilia, The Endangered Species Act, And A New Endangered Species Paradigm, L. Misha Preheim

William & Mary Law Review

No abstract provided.


"Arranger Liability" Under The Comprehensive Environmental Response, Compensation, And Liability Act (Cercla): Judicial Retreat From Legislative Intent, David W. Lannetti Oct 1998

"Arranger Liability" Under The Comprehensive Environmental Response, Compensation, And Liability Act (Cercla): Judicial Retreat From Legislative Intent, David W. Lannetti

William & Mary Law Review

No abstract provided.


The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert May 1998

The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert

William & Mary Law Review

No abstract provided.


Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson May 1997

Is "Diligent Prosecution Of An Action In A Court" Required To Preempt Citizen Suits Under The Major Federal Environmental Statutes?, Derek Dickinson

William & Mary Law Review

No abstract provided.


Cercla's Mistakes, John Copeland Nagle May 1997

Cercla's Mistakes, John Copeland Nagle

William & Mary Law Review

No abstract provided.


Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff Mar 1997

Muddle Or Muddle Through? Taking Jurisprudence Meets The Endangered Species Act, Mark Sagoff

William & Mary Law Review

No abstract provided.


Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus Feb 1996

Natural Resource Damages From Rachel Carson's Perspective: A Rite Of Spring In American Environmentalism, Peter M. Manus

William & Mary Law Review

No abstract provided.


Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder Oct 1993

Cool Analysis Versus Moral Outrage In The Development Of Federal Environmental Criminal Law, Christopher H. Schroeder

William & Mary Law Review

No abstract provided.


Environmental Litigation And Rule 11, Carl Tobias Feb 1992

Environmental Litigation And Rule 11, Carl Tobias

William & Mary Law Review

No abstract provided.


"But I Was Only Following Orders": The Government Contractor Defense In Environmental Tort Litigation, R. Joel Ankney Feb 1991

"But I Was Only Following Orders": The Government Contractor Defense In Environmental Tort Litigation, R. Joel Ankney

William & Mary Law Review

No abstract provided.


State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler May 1990

State Environmental Programs: A Study In Political Influence And Regulatory Failure, Lynda L. Butler

William & Mary Law Review

No abstract provided.


The Chesapeake Bay Preservation Act: The Problem With State Land Regulation Of Interstate Resources, Paul D. Barker Jr. Apr 1990

The Chesapeake Bay Preservation Act: The Problem With State Land Regulation Of Interstate Resources, Paul D. Barker Jr.

William & Mary Law Review

No abstract provided.


Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry Jun 1986

Comment On "The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment", Michael J. Perry

William & Mary Law Review

No abstract provided.


The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt Jun 1986

The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt

William & Mary Law Review

No abstract provided.