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Articles 1 - 30 of 99
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, …
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
A "Directed Trust" Approach To Intergenerational Solidarity In American Environmental Law And Policy: A Modest Proposal, Lucia A. Silecchia
William & Mary Environmental Law and Policy Review
No abstract provided.
Too Little, Too Late: Congress's Attempt To Regulate Forever Chemicals Through Military Appropriations, Michael Heard Snow
Too Little, Too Late: Congress's Attempt To Regulate Forever Chemicals Through Military Appropriations, Michael Heard Snow
William & Mary Environmental Law and Policy Review
Per- and polyfluoroalkyl substances, shortened to “PFAS,” are a broad class of approximately 4,000 to 6,000 industrial chemicals characterized by a carbon chain saturated with fluorine molecules. This structure, dominated by carbon-fluorine bonds, is one of the most stable known chemical structures—and it is this stability that lies at the core of both the usefulness and the greatest issues surrounding PFAS. They are generally non-reactive except at tailored “active sites” and they never break down naturally—leading to the nickname “forever chemicals.” The persistence of their structures creates a plethora of desirable characteristics: PFAS are grease-resistant, waterproof, fireproof, stain-proof, and chemically …
Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg
Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg
William & Mary Environmental Law and Policy Review
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
William & Mary Environmental Law and Policy Review
No abstract provided.
Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey
Ring-Fencing The Power Envelope Of History's Second Most Important Invention Of All Time, Steven Ferrey
William & Mary Environmental Law and Policy Review
No abstract provided.
Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom
Gas, Roads, And Glory: North Dakota And Mha Nation's Struggle Over Flaring Regulation, Erica Beacom
William & Mary Environmental Law and Policy Review
No abstract provided.
Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish
William & Mary Environmental Law and Policy Review
No abstract provided.
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
William & Mary Environmental Law and Policy Review
Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans …
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
William & Mary Environmental Law and Policy Review
Booming production of oil and gas from shale enabled by hydraulic fracturing technology has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Studies of how policy can best react to these challenges and how it can balance risk and reward have focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important—and in some senses predominant—role. Changes to that system, including burden-shifting rules …
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
William & Mary Environmental Law and Policy Review
No abstract provided.
Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith
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.
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.
New Corporate Forms And Green Business, Antony Page
New Corporate Forms And Green Business, Antony Page
William & Mary Environmental Law and Policy Review
You want to start a business: not just an ordinary business, producing ordinary social benefit, but a dual-mission business that will both make a profit and benefit the environment. This green business, you expect, will sometimes face trade-offs between the missions, in the sense that sometimes owners’ wealth and profit will have to be sacrificed to pursue environmental benefits. You’re optimistic, in that you hope the business will find outside investors and will scale up easily. Moreover, you don’t want to lie or even dissemble about your motives or about the business’s actions. You want to be both authentic and …
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi
William & Mary Environmental Law and Policy Review
Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …
Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure
Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure
William & Mary Environmental Law and Policy Review
No abstract provided.
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.
Breaking Ground On The New Green Deal, Erin Ryan
Waivers Of Immunity In Federal Environmental Statutes Of The Twenty-First Century: Correcting A Confusing Mess, Kenneth M. Murchison
Waivers Of Immunity In Federal Environmental Statutes Of The Twenty-First Century: Correcting A Confusing Mess, Kenneth M. Murchison
William & Mary Environmental Law and Policy Review
No abstract provided.
Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford
Self-Policing In A Targeted Enforcement Regime, Sarah L. Stafford
Faculty Publications
This paper adds to the debate over whether self-policing can increase environmental protection by considering an issue that has been ignored in previous models—that self-policing may influence future enforcement. The model combines self-policing with targeted enforcement and allows for both deliberate and inadvertent violations. As expected, rewarding self-policers with more lenient future enforcement increases auditing, remediation, and disclosure of inadvertent violations. Self-policing can also serve as a complement to deliberate compliance and can thus further increase environmental performance. However, under reasonable conditions, self-policing can be a substitute for deliberate compliance and could therefore be detrimental to environmental protection.
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King
Savings Clauses And Trends In Natural Resources Federalism, Robert L. Fischman, Angela M. King
William & Mary Environmental Law and Policy Review
No abstract provided.
Environmental Law, Wetlands Regulation, And Reform Of The Endangered Species Act, Federalist Society
Environmental Law, Wetlands Regulation, And Reform Of The Endangered Species Act, Federalist Society
William & Mary Environmental Law and Policy Review
No abstract provided.
Recent Fourth Circuit Jurisprudence, Brian Mcnamara, Thomas William "T.W." Bruno
Recent Fourth Circuit Jurisprudence, Brian Mcnamara, Thomas William "T.W." Bruno
William & Mary Environmental Law and Policy Review
No abstract provided.
Book Review Of E-Cycling: Linking Trade And Environmental Law In The Ec And The U.S., Jennifer Sekula
Book Review Of E-Cycling: Linking Trade And Environmental Law In The Ec And The U.S., Jennifer Sekula
Library Staff Publications
No abstract provided.
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Looking Beyond Environmental Law's Mid-Life Crisis, Linda A. Malone
Faculty Publications
No abstract provided.
Recent Fourth Circuit Environmental Jurisprudence (The Fourth Circuit Summary), Brian M. Hendricks
Recent Fourth Circuit Environmental Jurisprudence (The Fourth Circuit Summary), Brian M. Hendricks
William & Mary Environmental Law and Policy Review
No abstract provided.
Restructuring America's Government To Create Sustainable Development, Jeffrey Rudd
Restructuring America's Government To Create Sustainable Development, Jeffrey Rudd
William & Mary Environmental Law and Policy Review
No abstract provided.
J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd
J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd
William & Mary Environmental Law and Policy Review
No abstract provided.
Fourth Circuit Summary, Samuel R. Brumberg, Christopher D. Supino
Fourth Circuit Summary, Samuel R. Brumberg, Christopher D. Supino
William & Mary Environmental Law and Policy Review
No abstract provided.
Mindless Guilt: Negative Aspects Of State Environmental Prosecutions Using The Public Welfare Exception, Aaron F. Kass
Mindless Guilt: Negative Aspects Of State Environmental Prosecutions Using The Public Welfare Exception, Aaron F. Kass
William & Mary Environmental Law and Policy Review
No abstract provided.