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Full-Text Articles in Law

Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey Dec 2013

Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey

William & Mary Environmental Law and Policy Review

No abstract provided.


Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson Dec 2013

Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson

William & Mary Environmental Law and Policy Review

Deforestation and desertification, archenemies of efforts to maintain forests as sinks for greenhouse gas emissions, are marching on unabated in Africa, where 90 percent of forests were lost in West Africa over the last century alone. Wangari Maathai, founder of the Green Belt Movement, whose work to restore some of Kenya’s decimated forests predates the connections made by the climate science community between deforestation and climate change, wrote:

Today we are faced with a challenge that calls for a shift in our thinking, so that humanity stops threatening its lifesupport system. We are called to assist the Earth to heal …


Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova Dec 2013

Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova

William & Mary Environmental Law and Policy Review

No abstract provided.


"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal Dec 2013

"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal

William & Mary Environmental Law and Policy Review

No abstract provided.


Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden Dec 2013

Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden

William & Mary Environmental Law and Policy Review

The almost century-old Migratory Bird Treaty Act (“MBTA”) is straining to fulfill its statutory purpose of protecting migratory birds from the changing and growing threats of a modern industrial society. With approximately 600 million bird deaths per year from a host of anthropogenic activities and infrastructure, including alternative energy projects, oil and gas development, antennas, power lines and buildings, migratory bird populations are under stress that will increase significantly in the near future from a momentous growth in wind energy activity.

Since the 1970s, the Fish and Wildlife Service (“FWS”) has attempted to reconcile the MBTA’s conservation policy and strict …


Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico Dec 2013

Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico

William & Mary Environmental Law and Policy Review

No abstract provided.


See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans Dec 2013

See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans

William & Mary Environmental Law and Policy Review

Application of the rule of repose to environmental contamination claims for trespass and nuisance will preclude recovery for plaintiffs who discover the harm or injury outside the repose period. The rule of repose is subject neither to the discovery rule or other equitable tolling devices and runs from the date of the defendant’s culpable conduct. As a consequence, the rule extinguishes claims regardless of accrual of the cause of action. Environmental plaintiffs suffering property damage are particularly vulnerable to the repose bar as harm can occur over many years through the migration of unseen contaminants. Operation of the rule of …


Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn Oct 2013

Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn

Virginia Coastal Policy Center

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.


The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler Sep 2013

The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Understanding Lucas And Related “Takings” Law: Would Rebuilding Restrictions After A Storm Event Result In A “Total Economic Wipeout” And Constitute A “Takings”?, Sharon Pandak Sep 2013

Understanding Lucas And Related “Takings” Law: Would Rebuilding Restrictions After A Storm Event Result In A “Total Economic Wipeout” And Constitute A “Takings”?, Sharon Pandak

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott Sep 2013

Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott

Virginia Coastal Policy Center Annual Conference

No abstract provided.


The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg Sep 2013

The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard Sep 2013

Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Commonwealth Of Virginia, Virginia Institute Of Marine Science, Virginia Environmental Endowment Sep 2013

Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Commonwealth Of Virginia, Virginia Institute Of Marine Science, Virginia Environmental Endowment

2013, Adaptive Planning for Flooding and Coastal Change in Virginia

No abstract provided.


Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith May 2013

Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith

William & Mary Environmental Law and Policy Review

No abstract provided.


The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova May 2013

The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova

William & Mary Environmental Law and Policy Review

Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.

A pervasive and long-standing problem, nonpoint pollution, nutrient and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint discharges …


Immigration Reform's Unintended Consequence: Providing Greater Justification For Border Patrol To Waive Environmental Compliance At The U.S.-Mexico Border, Deena Mueller May 2013

Immigration Reform's Unintended Consequence: Providing Greater Justification For Border Patrol To Waive Environmental Compliance At The U.S.-Mexico Border, Deena Mueller

William & Mary Environmental Law and Policy Review

No abstract provided.


Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet Apr 2013

Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet

Virginia Coastal Policy Center

No abstract provided.


Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst Apr 2013

Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst

Virginia Coastal Policy Center

No abstract provided.


The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders Apr 2013

The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders

Virginia Coastal Policy Center

No abstract provided.


Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius Apr 2013

Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius

Virginia Coastal Policy Center

No abstract provided.


Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning Apr 2013

Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning

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.


The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill Apr 2013

The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill

Virginia Coastal Policy Center

No abstract provided.


The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott Apr 2013

The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott

Virginia Coastal Policy Center

No abstract provided.


“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block Apr 2013

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.


Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao Mar 2013

Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao

William & Mary Environmental Law and Policy Review

In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics have suggested …


Food Ordinances: Encouraging Eating Local, Mia Shirley Mar 2013

Food Ordinances: Encouraging Eating Local, Mia Shirley

William & Mary Environmental Law and Policy Review

No abstract provided.