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Articles 1 - 12 of 12
Full-Text Articles in Law
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
William & Mary Environmental Law and Policy Review
No abstract provided.
The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham
William & Mary Environmental Law and Policy Review
This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
William & Mary Environmental Law and Policy Review
No abstract provided.
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
William & Mary Environmental Law and Policy Review
No abstract provided.
“Going Green” The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
“Going Green” The Wrong Way: How Governments Are Unconstitutionally Delegating Their Legislative Powers In Pursuit Of Environmental Sustainability, Brandon L. Boxler
W&M Law Student Publications
This Article explores the constitutionality of green building laws that require developers to comply with the sustainable construction rating system promulgated by the United States Green Building Council ("USGBC"), a private, non-governmental interest group. The Article reviews how the USGBC creates the standards for its rating system and then modifies these standards without gaining approval from any governmental body, thereby changing the legal rules with which private citizens and constructors must comply. The Article argues that, because the USGBC can unilaterally change the law, many green building policies undermine political accountability and violate the doctrine of nondelegation. The Article concludes …
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.
Fourth Generation Environmental Law: Integrationist And Multimodal, Craig Anthony Arnold
Fourth Generation Environmental Law: Integrationist And Multimodal, Craig Anthony Arnold
William & Mary Environmental Law and Policy Review
Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are complex, dynamic, and adaptive. This Article makes the case that environmental law is evolving to become more integrationist and multimodal: using multiple modes and methods of environmental protection, often across multiple scales, but in integrated ways. Integrated multimodality is a feature of much of social life. Building on generational analyses of environmental …
Breaking The Transsubstantive Pleading Mold: Public Interest Environmental Litigation After Ashcroft V. Iqbal, Scott Foster
Breaking The Transsubstantive Pleading Mold: Public Interest Environmental Litigation After Ashcroft V. Iqbal, Scott Foster
William & Mary Environmental Law and Policy Review
No abstract provided.
How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler
How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler
William & Mary Environmental Law and Policy Review
The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …
Decreasing Dirty Dumping? A Reevaluation Of Toxic Waste Colonialism And The Global Management Of Transboundary Hazardous Waste, Laura A. Pratt
Decreasing Dirty Dumping? A Reevaluation Of Toxic Waste Colonialism And The Global Management Of Transboundary Hazardous Waste, Laura A. Pratt
William & Mary Environmental Law and Policy Review
Even though the phrase “toxic waste colonialism” has fallen out
of usage in the past ten years, the effective global management of transboundary
hazardous waste has yet to become an out-of-date topic. Starting
in the early 1980s, the international community sought to develop international
agreements governing the transboundary movement of hazardous
waste in order to protect developing countries from illegal “dirty dumping”
practices. Over twenty years have passed since the adoption of the Basel
Convention formed the foundation for other subsequent global protocols.
However, the ever-increasing global quantities of hazardous waste, including
the growing electronic waste issue, only exacerbate the …
Rethinking Oil Spill Compensation Schemes: The Causation Inquiry, Amy D. Paul
Rethinking Oil Spill Compensation Schemes: The Causation Inquiry, Amy D. Paul
Student Award Winning Papers
No abstract provided.
Legal Initiatives Driving Clean Up Of Chesapeake Bay, Roy A. Hoagland, Jon Mueller
Legal Initiatives Driving Clean Up Of Chesapeake Bay, Roy A. Hoagland, Jon Mueller
Faculty Publications
No abstract provided.