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Articles 1 - 24 of 24
Full-Text Articles in Law
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
William & Mary Environmental Law and Policy Review
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …
Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey
Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey
William & Mary Environmental Law and Policy Review
As society progresses and the population grows, uninhibited and unregulated pollution has become a pressing dilemma for current and future generations. Whether it is plastic on the beaches, oil in the oceans, or smog in the air, modern citizens of the Earth face a daily onslaught of visible consequences from the actions of polluters. But what about the not so visible consequences? Every day there is pollution occurring at a microscopic level, yet many are unaware of its presence. This infinitesimal issue is nutrient pollution, and despite its diminutive cause, it is deeply affecting one of the world’s most vital …
Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni
Out Of Sight, But Not Out Of Mind: Reevaluating The Role Of Federalism In Adequately Regulating Concentrated Animal Feeding Operations, Madhavi Kulkarni
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
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.
Climate Change And The Chesapeake Bay Total Maximum Daily Load: Policy Priorities And Options, Joseph Kurt, Victor Unnone
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.
Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn
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.
Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke
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 all agricultural …
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
William & Mary Environmental Law and Policy Review
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.
Priceline For Pollution: Auctions To Allocate Public Pollution Control Dollars, Robert W. Adler
Priceline For Pollution: Auctions To Allocate Public Pollution Control Dollars, Robert W. Adler
William & Mary Environmental Law and Policy Review
No abstract provided.
Mitigation Banking: Is State Assumption Of Permitting Authority More Effective, Adrienne M. Sakyi
Mitigation Banking: Is State Assumption Of Permitting Authority More Effective, Adrienne M. Sakyi
William & Mary Environmental Law and Policy Review
No abstract provided.
Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers
Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White
William & Mary Environmental Law and Policy Review
No abstract provided.
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone
Faculty Publications
No abstract provided.
Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell
Has The Citizen Suit Provision Of The Clean Water Act Exceeded Its Supplemental Birth?, Jonathan S. Campbell
William & Mary Environmental Law and Policy Review
No abstract provided.
United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland
United States V. Smithfield: A Paradigmatic Example Of Lax Enforcement Of The Clean Water Act By The Commonwealth Of Virginia, Derek A. Yeo, Roy A. Hoagland
William & Mary Environmental Law and Policy Review
No abstract provided.
Smithfield Foods: A Case For Federal Action, Lee R. Okster
Smithfield Foods: A Case For Federal Action, Lee R. Okster
William & Mary Environmental Law and Policy Review
No abstract provided.
Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen
Virginia As A Case Study: Epa Should Be Willing To Withdraw Npdes Permitting Authority From Deficient States, Erik R. Lehtinen
William & Mary Environmental Law and Policy Review
No abstract provided.
Gwaltney Of Smithfield Revisited, Ann Powers
Gwaltney Of Smithfield Revisited, Ann Powers
William & Mary Environmental Law and Policy Review
No abstract provided.
Explaining The Controversy Surrounding United States V. Smithfield Foods, Inc., Robert H. Fuhrman, Patrick D. Traylor
Explaining The Controversy Surrounding United States V. Smithfield Foods, Inc., Robert H. Fuhrman, Patrick D. Traylor
William & Mary Environmental Law and Policy Review
No abstract provided.
State Permitting: United States V. Smithfield Foods, Inc. And Federal Overfiling Under The Clean Water Act, Stephen C. Robertson
State Permitting: United States V. Smithfield Foods, Inc. And Federal Overfiling Under The Clean Water Act, Stephen C. Robertson
William & Mary Environmental Law and Policy Review
No abstract provided.
The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert
The Migratory Bird Rule After Lopez: Questioning The Value Of State Sovereignty In The Context Of Wetland Regulation, Peter A. Gilbert
William & Mary Law Review
No abstract provided.
Conflicting Directives: Water Quality And Appropriative Water Rights In The West, Alexandra E. Viscusi
Conflicting Directives: Water Quality And Appropriative Water Rights In The West, Alexandra E. Viscusi
William & Mary Environmental Law and Policy Review
No abstract provided.
Regulation Of Navy Ship Discharges Under The Clean Water Act: Have Too Many Chefs Spoiled The Broth, Daniel E. O'Toole
Regulation Of Navy Ship Discharges Under The Clean Water Act: Have Too Many Chefs Spoiled The Broth, Daniel E. O'Toole
William & Mary Environmental Law and Policy Review
No abstract provided.