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William & Mary Law School

William & Mary Environmental Law and Policy Review

2015

Articles 1 - 22 of 22

Full-Text Articles in Law

Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset Nov 2015

Thinking Under The Box--Public Choice And Constitutional Law Perspectives On City-Level Environmental Policy, Harri Kalimo, Reid Lifset

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 Nov 2015

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 Nov 2015

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 Nov 2015

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.


What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser Nov 2015

What We Have Here Is A Failure To Compensate: The Case For A Federal Damages Remedy In Koontz "Failed Exactions", Christopher M. Kieser

William & Mary Environmental Law and Policy Review

In Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994), the Supreme Court held that an agency could not, consistent with the Takings Clause, condition a permit on a land exaction unless the exaction bears an “essential nexus” and “rough proportionality” to the harms the government seeks to mitigate. Then, in Koontz v. St. Johns Water Management District, 133 S. Ct. 2586 (2013), the Court extended Nollan and Dolan to exactions that were never completed because the property owner refused to acquiesce to the demand. Nevertheless, the Court held that …


Environmental Hedonism Or, Securing The Environment Through The Common Law, George P. Smith Ii, David M. Steenburg Nov 2015

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.


Effects Of The Craft Beer Boom In Virginia: How Breweries, Regulators, And The Public Can Collaborate To Mitigate Environmental Impacts, Hannah Fish Nov 2015

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.


Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt Nov 2015

Triumph Of The Space Commons: Addressing The Impending Space Debris Crisis Without An International Treaty, Joseph Kurt

William & Mary Environmental Law and Policy Review

No abstract provided.


The Coming Wave Of Pretextually Profiteering Social Entrepreneurs: A Case Study At The Nexus Of Property And Civil Rights, David Groshoff May 2015

The Coming Wave Of Pretextually Profiteering Social Entrepreneurs: A Case Study At The Nexus Of Property And Civil Rights, David Groshoff

William & Mary Environmental Law and Policy Review

This Article builds on my prior publications employing case studies that serve as the prisms through which this Article applies a legal analysis to a newly trending problem in social entrepreneurship.

Specifically, this Article reviews the financial and property interests implicated when, in the milieu of an aging baby-boomer demographic likely to display decaying neurocognitive abilities, ostensibly socially beneficent limited liability companies (“LLCs”) pretextually pose as small businesses with a desire to serve people suffering from particular alleged mental disorders. In reality however, these brand-managed social entrepreneurs may represent conveniently detachable arms of integrated corporate enterprises that have hundreds of …


Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi May 2015

Oil, Fire, Smoke And Mirrors: The Gulf Coast Claims Facility And Its Dangerous Precedent, Nicholas Guidi

William & Mary Environmental Law and Policy Review

No abstract provided.


Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss May 2015

Fueled By Free Trade: Wto Trade Agreements Ensuring The Proliferation Of Solar Technology, John Ferriss

William & Mary Environmental Law and Policy Review

No abstract provided.


“The Energy Capital Of The East Coast?”: Lessons Virginia Can Learn From Cape Wind Failure And European Success In Offshore Wind Energy, Lamya Moosa May 2015

“The Energy Capital Of The East Coast?”: Lessons Virginia Can Learn From Cape Wind Failure And European Success In Offshore Wind Energy, Lamya Moosa

William & Mary Environmental Law and Policy Review

No abstract provided.


The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan May 2015

The Case For Vertical Integration In The Developing Bioenergy Industry, Isabel F. Peres, Timothy A. Slating, Jay P. Kesan

William & Mary Environmental Law and Policy Review

For many countries, money grows on trees: woody biomass is one of the most important sources of renewable energy in the European Union. In the United States, biomass was the input for almost half of the renewable energy generated in 2000; of the energy generated by biomass, seventy-six percent was produced from wood.1 Currently, biomass is the largest source of renewable energy in the country. The ability to secure a reliable and stable supply of biomass is therefore extremely important for the future of the renewable energy industry. According to the United States Department of Energy, the success of the …


Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke May 2015

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 …


From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll May 2015

From The Seas To The Stars: A Case For Developing Offshore Spaceports On States’ Submerged Lands, Joseph Michael Carroll

William & Mary Environmental Law and Policy Review

No abstract provided.


An Unintended Consequence Of Arkansas Game & Fish Commission V. United States: Expanding Takings Liability To What The Government Doesn’T Do, Jason Kane Feb 2015

An Unintended Consequence Of Arkansas Game & Fish Commission V. United States: Expanding Takings Liability To What The Government Doesn’T Do, Jason Kane

William & Mary Environmental Law and Policy Review

No abstract provided.


Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion Feb 2015

Lessons From China’S Carbon Markets For U.S. Climate Change Policy, Susan Vermillion

William & Mary Environmental Law and Policy Review

No abstract provided.


Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose Feb 2015

Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose

William & Mary Environmental Law and Policy Review

No abstract provided.


Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard Feb 2015

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result, …


Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott Feb 2015

Buzzkill: How The Epa’S Inaction Is Killing America’S Bees, Kelsey Ott

William & Mary Environmental Law and Policy Review

No abstract provided.


Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon Feb 2015

Land Use And Climate Change Bubbles: Resilience, Retreat, And Due Diligence, John R. Nolon

William & Mary Environmental Law and Policy Review

This Article examines events on the ground in several localities where climate change is lowering property values and analyzes how those changes in value can be reckoned with by regulators. It merges practices and principles of real estate transactions and finance with those of land use and environmental regulation.

Climate change is a planetary phenomenon whose environmental implications are far-reaching. Reports on climate change consequences increasingly focus on what is happening locally and presently, while speculation continues about long-term global consequences. In numerous communities, property values are declining because of repeated flooding, continued threats of storm surges, sustained high temperatures, …


Idump: How The United States Should Use Disposal Bans To Legislate Our Way Out Of The Electronic Waste Crisis, Nick Raffaele Feb 2015

Idump: How The United States Should Use Disposal Bans To Legislate Our Way Out Of The Electronic Waste Crisis, Nick Raffaele

William & Mary Environmental Law and Policy Review

No abstract provided.