Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Environmental Law (10)
- Environmental Policy (9)
- Regional Planning (7)
- W&M Former Faculty (5)
- Virginia (4)
-
- And Liability Act of 1980 (3)
- Compensation (3)
- Comprehensive Environmental Response (3)
- Economics (3)
- Toxic Torts (3)
- Air Pollution Control (2)
- Clean Air Act (2)
- Climate Change (2)
- Climate Change Mitigation (2)
- Courts (2)
- Eminent Domain (2)
- Eminent domain (Law) (2)
- Endangered Species (2)
- Endangered Species Act of 1973 (2)
- Environmental Control (2)
- Ethics (2)
- Law (2)
- Liability for Environmental Damages (2)
- Water Quality (2)
- Wetland Conservation (2)
- Wildlife Conservation (2)
- Air Quality (1)
- Antidumping Duties (1)
- Arkansas Game & Fish Commission v. United States 133 S. Ct. 511 (2012) (1)
- Babbit v. Sweet Home Chapter of Communites for A Great Oregon (1)
Articles 1 - 30 of 51
Full-Text Articles in Law
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
"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
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.
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
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
The Limits Of Rationality And The Place Of Religious Conviction: Protecting Animals And The Environment, Kent Greenawalt
William & Mary Law Review
No abstract provided.