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Articles 1 - 20 of 20
Full-Text Articles in Law
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor
William & Mary Environmental Law and Policy Review
No abstract provided.
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann
William & Mary Environmental Law and Policy Review
No abstract provided.
Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller
Here Comes The Sun: Solar Power Parity With Fossil Fuels, Nathan Mee, Marc Miller
William & Mary Environmental Law and Policy Review
There is wide agreement across the political spectrum that the United States should develop domestic, renewable sources of energy. There are many ways to describe the challenges of a transition from a fossil fuel economy to one fueled by atoms, the sun, or the wind, but in a nutshell, the problem is said to be cost: the basic reason the United States continues overwhelmingly to rely on fossil fuels is that they are comparatively cheap, and alternative energy is relatively expensive.
Or so it seems. This Article is intended to encourage more open discussion about real energy costs. To keep …
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
The Public Pore Space: Enabling Carbon Capture And Sequestration By Reconceptualizing Subsurface Property Rights, James Robert Zadick
William & Mary Environmental Law and Policy Review
No abstract provided.
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee
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 …
The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong
The Slippery Shelf: Ceding The Public Trust To Administrative Ambivalence In Offshore Development, Rachel Ganong
William & Mary Environmental Law and Policy Review
No abstract provided.
India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan
India's Nuclear Civil Liability Bill And Supplier's Liability: One Step Towards Modernizing The Outdated International Nuclear Liability Regime, Arya Hariharan
William & Mary Environmental Law and Policy Review
No abstract provided.
Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva
William & Mary Environmental Law and Policy Review
No abstract provided.
Fourth Generation Environmental Law: Integrationist And Multimodal, Craig Anthony Arnold
Fourth Generation Environmental Law: Integrationist And Multimodal, Craig Anthony Arnold
William & Mary Environmental Law and Policy Review
Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are complex, dynamic, and adaptive. This Article makes the case that environmental law is evolving to become more integrationist and multimodal: using multiple modes and methods of environmental protection, often across multiple scales, but in integrated ways. Integrated multimodality is a feature of much of social life. Building on generational analyses of environmental …
Getting Hazmat Transportation Back On Track: The Need For Hazmat Liability Reform For Rail Carriers, Zachary T. Abel
Getting Hazmat Transportation Back On Track: The Need For Hazmat Liability Reform For Rail Carriers, Zachary T. Abel
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.
The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson
The Florida Beach Case And The Road To Judicial Takings, Michael C. Blumm, Elizabeth B. Dawson
William & Mary Environmental Law and Policy Review
In Stop the Beach Renourishment v. Florida Department of Environmental Protection, the U.S. Supreme Court unanimously upheld a state beach restoration project against landowner claims of an unconstitutional taking of the property. This result was not nearly as surprising as the fact that the Court granted certiorari on a case that turned on an obscure aspect of Florida property law: whether landowners adjacent to a beach had the rights to future accretions of sand and to maintain contact with the water.
The Court’s curious interest in the case was piqued by the landowners’ recasting the case from the regulatory taking …
Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio
Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio
William & Mary Environmental Law and Policy Review
This article examines two of the major water legal regimes in the
Americas—that of Brazil and the United States. Both countries have
extensive wet and dry regions and both hydro-regimes face a significant
threat from global warming. Brazil, for instance, is home to between
eight and fifteen percent of the world’s fresh water, and its fast-growing
economy and population present major challenges in management and
allocation. The U.S. also faces major water allocation problems resulting
from past settlement policies; unsustainable reclamation projects; and
also fast-growing domestic, industrial and agricultural demand.
In the United States, water has traditionally been perceived as …
Decreasing Dirty Dumping? A Reevaluation Of Toxic Waste Colonialism And The Global Management Of Transboundary Hazardous Waste, Laura A. Pratt
Decreasing Dirty Dumping? A Reevaluation Of Toxic Waste Colonialism And The Global Management Of Transboundary Hazardous Waste, Laura A. Pratt
William & Mary Environmental Law and Policy Review
Even though the phrase “toxic waste colonialism” has fallen out
of usage in the past ten years, the effective global management of transboundary
hazardous waste has yet to become an out-of-date topic. Starting
in the early 1980s, the international community sought to develop international
agreements governing the transboundary movement of hazardous
waste in order to protect developing countries from illegal “dirty dumping”
practices. Over twenty years have passed since the adoption of the Basel
Convention formed the foundation for other subsequent global protocols.
However, the ever-increasing global quantities of hazardous waste, including
the growing electronic waste issue, only exacerbate the …
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows
William & Mary Environmental Law and Policy Review
No abstract provided.
Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller
Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller
William & Mary Environmental Law and Policy Review
No abstract provided.
How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler
How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler
William & Mary Environmental Law and Policy Review
The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …
A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello
A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello
William & Mary Environmental Law and Policy Review
Generally, the world’s largest dams have been erected and managed
by governments, while individual owners have been responsible for private
dams. Both kinds of dams have experienced technical failures that
have resulted in tragic losses of life as well as disastrous damage to property
and environment, and this has generated serious concerns regarding
dams’ safety worldwide. In Australia, despite the fact that attention has
been focused on the physical and technical integrity of medium- to largescale
dams, the smaller private dams have been virtually ignored with
regard to their serious potential and actual problems. Specifically, private
dams pose threats to …
Eco-Patent Commons: A Donation Approach Encouraging Innovation Within The Patent System, Andrew Boynton
Eco-Patent Commons: A Donation Approach Encouraging Innovation Within The Patent System, Andrew Boynton
William & Mary Environmental Law and Policy Review
No abstract provided.