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Articles 1 - 19 of 19
Full-Text Articles in Law
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
The Emperor’S New Clothes: The Variety Of Stakeholders In Climate Change Regulation Assuming The Mantle Of Federal And International Authority, Linda A. Malone
Faculty Publications
In June 2017, President Donald Trump announced the United States would be withdrawing from the Paris Climate Accord. President Trump believes the United States should be more focused on its economic wellbeing than on environmental concerns. Since being elected, President Trump has, with the help of the Environmental Protection Agency, been rolling back, or attempting to roll back, major climate change regulations. However, this Article points out that due to factors such as international law, the United States Constitution, and the Administrative Procedure Act, one cannotjust simply withdraw from an international agreement, such as the Paris Accord, or take back …
Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez
Environmental Justice And The Clean Power Plan: The Case Of Energy Efficiency, Cecilia Martinez
William & Mary Environmental Law and Policy Review
No abstract provided.
Achieving Emissions Reductions For Environmental Justice Communities Through Climate Change Mitigation Policy, Nicky Sheats
Achieving Emissions Reductions For Environmental Justice Communities Through Climate Change Mitigation Policy, Nicky Sheats
William & Mary Environmental Law and Policy Review
No abstract provided.
Room To Grow: A Consumer-Focused Proposal For Revitalizing Ohio’S Renewable Energy Sector Through Sustainable Expansion Of The Market, Mairi Mull
William & Mary Environmental Law and Policy Review
No abstract provided.
Garbage, Power, And Environmental Justice: The Clean Power Plan Rule, Ana Isabel Baptista, Kumar Kartik Amarnath
Garbage, Power, And Environmental Justice: The Clean Power Plan Rule, Ana Isabel Baptista, Kumar Kartik Amarnath
William & Mary Environmental Law and Policy Review
No abstract provided.
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 …
Mitigating Global Climate Change: Designing A Dynamic Convention To Combat A Dynamic Risk, Phillip M. Kannan
Mitigating Global Climate Change: Designing A Dynamic Convention To Combat A Dynamic Risk, Phillip M. Kannan
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 …
Electric Power In A Carbon Constrained World, Arnold W. Reitze Jr.
Electric Power In A Carbon Constrained World, Arnold W. Reitze Jr.
William & Mary Environmental Law and Policy Review
No abstract provided.
Climate Change Consensus: Emerging International Law, Elizabeth Burleson
Climate Change Consensus: Emerging International Law, Elizabeth Burleson
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society
Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society
William & Mary Environmental Law and Policy Review
No abstract provided.
Why A Different Approach Is Required If Global Climate Change Is To Be Controlled Efficiently Or Even At All, Alan Carlin
Why A Different Approach Is Required If Global Climate Change Is To Be Controlled Efficiently Or Even At All, Alan Carlin
William & Mary Environmental Law and Policy 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 …
Government Regulatory Initiatives Encouraging The Development And Sale Of Gas/Electric Hybrid Vehicles: Transforming Hybrids From A Curiosity To An Industry Standard, Daniel Ramish
William & Mary Environmental Law and Policy Review
No abstract provided.
Curbing Carbon Dioxide Emissions Through The Rebirth Of Public Nuisance Laws - Environmental Legislation By The Courts, Daniel V. Mumford
Curbing Carbon Dioxide Emissions Through The Rebirth Of Public Nuisance Laws - Environmental Legislation By The Courts, Daniel V. Mumford
William & Mary Environmental Law and Policy Review
No abstract provided.
Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride
Reformulating Executive And Legislative Relationships After Reformulated Gasoline: What's Best For Trade And The Environment?, Scott Daniel Mcbride
William & Mary Environmental Law and Policy Review
No abstract provided.
The Field Citation Program Under The Clean Air Act: Can Epa Apply It To Federal Facilities?, Kevin J. Luster
The Field Citation Program Under The Clean Air Act: Can Epa Apply It To Federal Facilities?, Kevin J. Luster
William & Mary Environmental Law and Policy Review
No abstract provided.
Zero Emission Vehicles: The Air Pollution Messiah? Northeastern States Mandate Zevs Without Considering The Alternatives Or Consequences, David Bennett
William & Mary Environmental Law and Policy Review
No abstract provided.
Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger
Canary In A Coal Mine? Federalism And The Failure Of The Clean Air Act Amendments Of 1990, Jeffrey Geiger
William & Mary Environmental Law and Policy Review
No abstract provided.