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Articles 1 - 30 of 35

Full-Text Articles in Law

Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey Dec 2016

Forest Law Through The Looking Glass: Distortions Of The Forest Charter In The Outlaw Fiction Of Late Medieval England, Sarah Harlan-Haughey

William & Mary Bill of Rights Journal

No abstract provided.


Science & Policy Issues Surrounding The Project, Emily Tucker, Patrick Harner Dec 2016

Science & Policy Issues Surrounding The Project, Emily Tucker, Patrick Harner

Virginia Coastal Policy Center Annual Conference

No abstract provided.


Sustainable Water Initiative For Tomorrow (Swift) Wastewater Injection Project, Ted Henifin, Charles Bott Dec 2016

Sustainable Water Initiative For Tomorrow (Swift) Wastewater Injection Project, Ted Henifin, Charles Bott

Virginia Coastal Policy Center Annual Conference

No abstract provided.


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.


When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson Nov 2016

When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those that prohibit or ban …


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.


Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, Zachary Hawari Nov 2016

Thorium’S Glow: Lighting The Way For Safe, Cheap Energy Production, Zachary Hawari

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, then …


The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville Nov 2016

The Wind Blows In Virginia Too—Deconstructing Legal And Regulatory Barriers To The Development Of Onshore, Utility-Scale Wind Energy In Virginia, Mark L. (Buzz) Belleville

William & Mary Environmental Law and Policy Review

No abstract provided.


The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland Nov 2016

The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland

Virginia Coastal Policy Center

No abstract provided.


Working Waterfronts: On History, Conflicts, And Finding A Balance Case Studies Of The Lynnhaven River, The Ware River, And The Eastern Shore Of Virginia, Noah Trombly, Derek Van De Walle, Chelsea Wilkins Oct 2016

Working Waterfronts: On History, Conflicts, And Finding A Balance Case Studies Of The Lynnhaven River, The Ware River, And The Eastern Shore Of Virginia, Noah Trombly, Derek Van De Walle, Chelsea Wilkins

Virginia Coastal Policy Center

No abstract provided.


Hampton Roads Sanitation District’S Sustainable Water Initiative For Tomorrow Proposal, Patrick Harner, Alexa Pecht, Emily Tucker Oct 2016

Hampton Roads Sanitation District’S Sustainable Water Initiative For Tomorrow Proposal, Patrick Harner, Alexa Pecht, Emily Tucker

Virginia Coastal Policy Center

No abstract provided.


Money For Nothing: A Case Study On Leveraging Donated Property To Satisfy Federal Grant Match Requirements, Garrett Gee Jul 2016

Money For Nothing: A Case Study On Leveraging Donated Property To Satisfy Federal Grant Match Requirements, Garrett Gee

Virginia Coastal Policy Center

No abstract provided.


Climate Change And The Chesapeake Bay Total Maximum Daily Load: Policy Priorities And Options, Joseph Kurt, Victor Unnone Jul 2016

Climate Change And The Chesapeake Bay Total Maximum Daily Load: Policy Priorities And Options, Joseph Kurt, Victor Unnone

Virginia Coastal Policy Center

No abstract provided.


Tools For A Resilient Virginia Coast: Designing A Successful Tdr Program For Virginia’S Middle Peninsula, Jessica Lung, Michael Killius Jul 2016

Tools For A Resilient Virginia Coast: Designing A Successful Tdr Program For Virginia’S Middle Peninsula, Jessica Lung, Michael Killius

Virginia Coastal Policy Center

No abstract provided.


The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford Jun 2016

The Battle Against Antimicrobial Drug Resistance: Analyzing Recent Developments And The Necessity For Major Agricultural Reforms, Nikki Sanford

William & Mary Environmental Law and Policy Review

No abstract provided.


The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice Jun 2016

The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice

William & Mary Environmental Law and Policy Review

No abstract provided.


Aransas Project V. Shaw: The Fifth Circuit’S Incorrect And Attenuated Proximate Cause Analysis On What Killed The Whooping Crane, Brian Reagan Jun 2016

Aransas Project V. Shaw: The Fifth Circuit’S Incorrect And Attenuated Proximate Cause Analysis On What Killed The Whooping Crane, Brian Reagan

William & Mary Environmental Law and Policy Review

No abstract provided.


Consequences Of Cambodia’S Rubber Boom: Assessing The Governmental, Environmental, And Human Rights Violations In The Industry’S Current Regulatory Framework, Ross Natividad Jun 2016

Consequences Of Cambodia’S Rubber Boom: Assessing The Governmental, Environmental, And Human Rights Violations In The Industry’S Current Regulatory Framework, Ross Natividad

William & Mary Environmental Law and Policy Review

No abstract provided.


Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely Jun 2016

Saving The Orange: How To Fight Citrus Greening Disease (And It’S Not Through Genetic Engineering), Evan Feely

William & Mary Environmental Law and Policy Review

No abstract provided.


Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond Jun 2016

Wake Effects, Wind Rights, And Wind Turbines: Why Science, Constitutional Rights, And Public Policy Issues Play A Crucial Role, Kimberly E. Diamond

William & Mary Environmental Law and Policy Review

Developers of onshore, utility-scale wind farms seek to purchase or lease parcels on which commercial wind turbines will be sited, carefully selecting each particular parcel based on its access to high wind speeds and unobstructed wind flowing across it in the free stream. Accordingly, a wind farm developer’s purchase or lease of a tract of land generally entails a large monetary investment and carries with it an investment-backed expectation that such land will be used for its originally intended purpose. Wind wakes, which disrupt the wind velocity in the free stream, cause downwind turbines to encounter diminished wind speeds and …


Designing A Better Carbon Tax: Only With Reinvestment, Stephan Sewalk Jun 2016

Designing A Better Carbon Tax: Only With Reinvestment, Stephan Sewalk

William & Mary Environmental Law and Policy Review

The objective of a tax on emissions is to curtail total discharges. Ever since Rio and Kyoto, this seems to be an elusive goal. Many papers have been written on the topic, but none actually solve the dilemma of how to proactively reduce emissions. This Article seeks to solve this issue by designing a better carbon tax to reduce U.S. emissions 90% by 2050. The first step needed is to extend and explain the economics of a carbon tax with reinvestment. I examine and graphically show the economics of the tax and subsequent reinvestment of revenues into building clean power …


Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson Jun 2016

Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson

William & Mary Environmental Law and Policy Review

A number of U.S. states, counties and municipalities have responded to the public health and environmental concerns surrounding fracking by imposing bans or moratoriums on unconventional oil and gas drilling. These restrictions have, in recent years, given rise to litigation challenges by oil and gas companies and by property owners deprived of potential revenues. The current Article begins by examining precisely who has litigated. Have large companies dominated or is it mostly smaller independents? Is there a difference in litigation rates between private and public companies? The Article then considers how Hirschman’s ideas of exit, voice and loyalty might apply …


Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn Jun 2016

Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn

William & Mary Environmental Law and Policy Review

This Article uses a detailed case study of the Chesapeake to describe an emergent model of intergovernmental administration tailored to address our largest-scale environmental problems. The Obama EPA’s “total maximum daily load” (“TMDL”) in the Chesapeake has yet to be replicated. But it should be. The TMDL and its supporting norms were unique as an operational plan, achieving a level of transparency, accountability, means/ends rationality, and continuous improvement that were unprecedented at its scale. And whether this model can be replicated elsewhere turns out to be as much a question of law as of politics.


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.


Emerging Contaminants In Virginia, Peter L. Defur, Laura E. Williams, Sarah D. Sanford Feb 2016

Emerging Contaminants In Virginia, Peter L. Defur, Laura E. Williams, Sarah D. Sanford

William & Mary Environmental Law and Policy Review

This Article summarizes the rise of emerging contaminants in waterways in Virginia and nationwide, and how they affect ecological and human health. First, we review the scientific discovery of chemicals that alter hormone systems, reproductive and developmental processes and how these were discovered in waterways. We go on to explain the current state of emerging contaminant regulations, noting that few states have a clear understanding of what chemicals are discharged into surface waters. The Environmental Protection Agency (“EPA”) has no national effort in this area, despite congressional interest and action. Finally, we make recommendations for future emerging contaminant control and …


Essay – The Toxic Legacy Of Coal Ash On Southeastern Rivers, Waterways, And Reservoirs, Cale Jaffe Feb 2016

Essay – The Toxic Legacy Of Coal Ash On Southeastern Rivers, Waterways, And Reservoirs, Cale Jaffe

William & Mary Environmental Law and Policy Review

My talk focuses on what I have called the toxic legacy of coal ash pollution in the Southeastern United States, andmy goal today is to give you all an insight into how we in the environmental community—by which I mean the waterkeepers and riverkeepers—are seeing this issue. I also hope to share with you the perspective of the impacted communities and families that live downstream of these coal ash lagoons.


Barometer Rising: The Cartagena Protocol On Biosafety As A Model For Holistic International Regulation Of Ocean Fertilization Projects And Other Forms Of Geoengineering, Matthew Hubbard Feb 2016

Barometer Rising: The Cartagena Protocol On Biosafety As A Model For Holistic International Regulation Of Ocean Fertilization Projects And Other Forms Of Geoengineering, Matthew Hubbard

William & Mary Environmental Law and Policy Review

No abstract provided.


The Oso Landslide: Disaster Management Law In The Space Age, Paul B. Larsen Feb 2016

The Oso Landslide: Disaster Management Law In The Space Age, Paul B. Larsen

William & Mary Environmental Law and Policy Review

No abstract provided.


Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure Feb 2016

Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure

William & Mary Environmental Law and Policy Review

This Article follows the economic analysis of law as the methodology for analyzing appropriate liability and compensation mechanisms with respect to damages resulting from CO2 storage sites. There are various reasons for employing this approach. One reason is that many have already discussed the design of a liability and compensation scheme for CCS-related damages. But these earlier studies have not yet approached the issue from the angle of an economic analysis of law. The advantage of thismethodology is that attention is paid to the way in which various liability and compensation schemes affect the incentives for prevention of the various …