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Full-Text Articles in Law

How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos Mar 2019

How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos

William & Mary Environmental Law and Policy Review

This is an article about science and environmental law. More specifically, it is an article about two different versions of science, and how each has affected environmental law and the development of environmental policy. The emergence of science-driven environmental law has significantly affected how humans view and respond to the natural world that makes up the biosphere, which is the thin envelope surrounding the Earth that permits the human species to exist. This Article argues that humans, and law-makers, should embrace a different role for science. Instead of science answering “what is” questions, it should also explain the universal laws ...


The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott Mar 2019

The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott

William & Mary Environmental Law and Policy Review

Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state ...


An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith Oct 2018

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 ...


"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske Apr 2018

"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske

William & Mary Environmental Law and Policy Review

No abstract provided.


An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger Apr 2018

An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger

William & Mary Environmental Law and Policy Review

No abstract provided.


Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil Apr 2018

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 Apr 2018

The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen

William & Mary Environmental Law and Policy Review

No abstract provided.


Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy Feb 2018

Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy

William & Mary Environmental Law and Policy Review

No abstract provided.


Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman Nov 2017

Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman

William & Mary Environmental Law and Policy Review

No abstract provided.


Murky Skies Ahead! Analyzing Executive Authority And Future Policies Regarding Corporate Disclosure Of Greenhouse Gases, Chandler Crenshaw Nov 2017

Murky Skies Ahead! Analyzing Executive Authority And Future Policies Regarding Corporate Disclosure Of Greenhouse Gases, Chandler Crenshaw

William & Mary Environmental Law and Policy Review

No abstract provided.


A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne Nov 2017

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 Nov 2017

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.


Plan Ej 2014: Fact Or Fiction? A Critique Of The Obama Administration’S Efforts On Environmental Justice, Jeanne Zokovitch Paben Nov 2016

Plan Ej 2014: Fact Or Fiction? A Critique Of The Obama Administration’S Efforts On Environmental Justice, Jeanne Zokovitch Paben

William & Mary Environmental Law and Policy Review

As President Obama’s tenure in office draws to a close, environmental injustices continue to proliferate in communities across this country. During the Obama Administration, there has been a strong government voice on combating these injustices, yet under their watch we see travesties like Flint, Michigan. Flint is the latest example of how our laws and government processes are not only inadequate in protecting overburdened communities, but also how they are complicit in perpetuating harm. This Article aims to answer how that happens, first, by cataloging the environmental justice efforts under the Obama Administration, most notably through Plan EJ 2014 ...


Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez Nov 2016

Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez

William & Mary Environmental Law and Policy Review

No abstract provided.


Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins Nov 2016

Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins

William & Mary Environmental Law and Policy Review

No abstract provided.


Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke May 2015

Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke

William & Mary Environmental Law and Policy Review

This Article presents a comparative institutional analysis of an increasingly important type of environmental conflict—the agricultural-waste-discharge and water-land-nexus conflict—using the recent citizen suit Waterkeeper v. Hudson as a case study. The objective is to assess the resource allocation efficiency and procedural fairness of the dispute processing in Hudson. The Hudson setting involves substantial scientific complexity, including ecological interdependencies, unobservable and observable land management decisions, pollutant transport, in-stream removal, and the problem of multiple and diverse sources of water quality pollution. Although the Hudson farm does fall under a regulated point source category in a state legislative definition, not ...


Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones Feb 2014

Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones

William & Mary Environmental Law and Policy Review

This Article will first provide an overview of how restoration developed in the Bay in order to provide a regional context for the Lynnhaven River “total maximum daily load[s]” or TMDL. The Article will then explain the 2011 Chesapeake Bay TMDL and how it potentially foreshadows “next generation” cooperative federalism and watershed restoration because it is generating increased engagement from local government, private citizens, and non-profit restoration efforts. This Article will then tighten its focus to the Lynnhaven River, a local tributary within the Chesapeake Bay watershed, and will examine the local government’s success in implementing measures to ...


Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane Feb 2014

Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane

William & Mary Environmental Law and Policy Review

Current approaches to discounting in climate policy present a seemingly intractable problem. While it is widely recognized that choice of discount rate in climate models can easily dwarf the effect of other parameter inputs, there is at present a very wide disagreement, both in law and in economics, about the appropriate discount rate to use. This Paper provides a framework for achieving a workable consensus range for acceptable discount rates in climate models. It does so by emphasizing three factors previously ignored in the literature. First, it demonstrates that the choice of discount rate should be tailored to the type ...


How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson Feb 2014

How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson

William & Mary Environmental Law and Policy Review

No abstract provided.


When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski Oct 2013

When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski

Virginia Coastal Policy Center

No abstract provided.


Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn Oct 2013

Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

No abstract provided.


Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn Apr 2013

Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn

Virginia Coastal Policy Center

No abstract provided.


Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure Feb 2012

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.


A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula Feb 2012

A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula

William & Mary Environmental Law and Policy Review

No abstract provided.


Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva May 2011

Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva

William & Mary Environmental Law and Policy Review

No abstract provided.


A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello Feb 2011

A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello

William & Mary Environmental Law and Policy Review

Generally, the world’s largest dams have been erected and managed
by governments, while individual owners have been responsible for private
dams. Both kinds of dams have experienced technical failures that
have resulted in tragic losses of life as well as disastrous damage to property
and environment, and this has generated serious concerns regarding
dams’ safety worldwide. In Australia, despite the fact that attention has
been focused on the physical and technical integrity of medium- to largescale
dams, the smaller private dams have been virtually ignored with
regard to their serious potential and actual problems. Specifically, private
dams pose threats ...


Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels Nov 2010

Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels

William & Mary Environmental Law and Policy Review

No abstract provided.


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.


Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society Feb 2009

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.


Curb Your Ecoterrorism: Identifying The Nexus Between State Criminalization Of Ecoterror And Environmental Protection Policy, Paul J. Karasick Feb 2009

Curb Your Ecoterrorism: Identifying The Nexus Between State Criminalization Of Ecoterror And Environmental Protection Policy, Paul J. Karasick

William & Mary Environmental Law and Policy Review

No abstract provided.