Environmental Law Commons^™

Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao

Arkansas Law Review

No abstract provided.

Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman

Arkansas Law Review

No abstract provided.

Contracting For Sustainable Surface Management, Tara Righetti

Arkansas Law Review

No abstract provided.

Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh

Arkansas Law Review

The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …

Lunchtime Keynote Address: The Pamunkey As Partners In Resilience, Robert Gray, Ashley Spivey

Virginia Coastal Policy Center Annual Conference

No abstract provided.

Building Resilience For Our Green & Gray Infrastructure, Carl Hershner, Lance Gregory, Curtis Smith, Angela King

Virginia Coastal Policy Center Annual Conference

No abstract provided.

Introduction/Welcome/Announcements, Kathryn Rowe, Davison M. Douglas, Elizabeth Armistead Andrews

Virginia Coastal Policy Center Annual Conference

No abstract provided.

Using Renewable Portfolio Standards To Accelerate Development Of Negative Emissions Technologies, Anthony E. Chavez

William & Mary Environmental Law and Policy Review

As society continues to emit greenhouse gases, the likelihood of dangerous climate change occurring increases. Indeed, most analyses project that we must utilize negative emission technologies (“NETs”) to avoid dangerous warming. Even the Paris Agreement anticipates the implementation of such carbon dioxide (“CO₂”) removal technologies. Unfortunately, NETs are not ready for large-scale deployment. In many instances, their technologies remain uncertain; in others, their ability to operate at the scale required is unknown. Other uncertainties, including their costs, effectiveness, and environmental impacts have yet to be determined.

A means to accelerate the development and implementation of NETs is a …

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

William & Mary Environmental Law and Policy Review

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

Environmental Governance And The Global South, Jeffrey J. Minneti

William & Mary Environmental Law and Policy Review

Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. This Article observes that while private governance of producers’ environmental product claims has grown tremendously in recent years, the vast majority of the governance originates in the global North and thrusts the global North’s economic and environmental agenda into the global South. In light of recent empirical studies of the effectiveness of such governance, the Article …

Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald

William & Mary Environmental Law and Policy Review

Extraction of oil and gas from unconventional resources, recently enabled by technological innovations, revolutionized national and global markets. However, exploration and production still proceed under legacy regulations, mostly promulgated at the state level. The mismatch of modern production realities and historic regulatory structures creates opportunities for reducing conflicts that diminish economic value. This Article identifies regulations that originated under conventional extraction, and often enhance productivity in that setting, but create waste when applied to unconventional resources. Then, it identifies contractual solutions that have evolved as resource owners and extraction firms have adapted to new technologies. Contractual innovations help inform directions …

Dealing With Climate Change Under The National Environmental Policy Act, Climate Change--Laws Regulations And Rules, Environmental Impact Statements, Greenhouse Gases, Arnold W. Reitze Jr.

William & Mary Environmental Law and Policy Review

The National Environmental Policy Act (“NEPA”) was an important environmental law for several decades before climate change became an issue of concern. In the 1990s, efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality (“CEQ”). However, implementation at the agency level has since been uneven. Some federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not …

When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs

William & Mary Environmental Law and Policy Review

It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …

An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith

William & Mary Environmental Law and Policy Review

The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …

Learning From California’S Experience With Small Water System Consolidations: A Workshop Synthesis, Nell Green Nylen, Camille Pannu, Michael Kiparsky

Nell Green Nylen

California recognizes a human right to safe, affordable drinking water. However, small and disadvantaged communities can find it especially challenging to fund the water systems necessary to achieve this goal. Small water systems are responsible for the bulk of the state’s drinking water quality violations, and an estimated 300 disadvantaged communities in California are served by systems that fail to meet state drinking water standards.

Water system consolidations can create economies of scale that help address persistent water system inadequacies in small and disadvantaged communities. More than 100 consolidation projects have been completed or are ongoing in California, and many …

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming

Welcome And Framing Remarks, John Conger, Elizabeth Armistead Andrews

Virginia Coastal Policy Center Annual Conference

No abstract provided.

Regulatory Methodology And Unmitigated Wetland Loss In Southwest Florida, Kathleen B. Castor

USF Tampa Graduate Theses and Dissertations

This research used Geographical Information System (GIS) data to estimate the acreage of wetland loss due to small-scale activities (taking into account exempt, permitted, and unauthorized activities) in the Southwest District of the Department of Environmental Protection (DEP) between 2006 and 2011 and compared that net loss with the unmitigated wetland net loss that DEP documented during that time for authorized activities and violations that were discovered. The comparison allowed an estimation of the extent of undocumented small-scale unmitigated wetland loss that occurred during those six years. DEP records show that 88% of non-compliance cases remain unresolved, and the net …

There Has Never Been A 'Timber War', Greg King

Humboldt Journal of Social Relations

There has never been a 'timber war' in northwestern California, but rather premeditated and ongoing attacks against the forests, and against the people who would protect them. This paper provides a historic examination of redwood logging and protection efforts since 1850.

"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske

William & Mary Environmental Law and Policy Review

No abstract provided.

Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek

William & Mary Environmental Law and Policy Review

No abstract provided.

Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil

William & Mary Environmental Law and Policy Review

Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current “pledge and review” paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land & Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …

Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer

Virginia Coastal Policy Center

No abstract provided.

The Chesapeake Bay Preservation Act: Proposed Modifications To Improve Resilience To Sea Level Rise, Christopher Antoine

Virginia Coastal Policy Center

There are a number of ways to increase resiliency to sea level rise, and localities should consider all of the potential methods available to them, as not all methods are feasible in every locality. This paper will examine how the CBPA [Chesapeake Bay Preservation Act, the "Act"] currently works to protect water quality and its current capability to help localities improve resilience. It will also consider some potential changes to the CBPA and other programs that may increase the Act’s ability to promote community resilience to sea level rise through rational development while maintaining the water quality benefits that the …

Groundwater Injection Projects: Mitigating The Risk Of Emerging Contaminants, Conor Jennings

Virginia Coastal Policy Center

The Hampton Roads region is one of the fastest growing population centers in Virginia, meaning that demand for clean drinking water is only increasing. In response to this growing problem, the Hampton Roads Sanitation District (HRSD), whose mission is to treat the region’s wastewater, has developed and begun to implement the Sustainable Water Initiative for Tomorrow (SWIFT) project to better reclaim treated wastewater by directly injecting it into the aquifer. Currently, HRSD’s treated wastewater is simply released into surface waters but this process does not help replenish the aquifer because the natural replenishment of the underground aquifer through surface water …

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

William & Mary Environmental Law and Policy Review

No abstract provided.

Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy

William & Mary Environmental Law and Policy Review

No abstract provided.

See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger

William & Mary Environmental Law and Policy Review

No abstract provided.

Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff

William & Mary Environmental Law and Policy Review

No abstract provided.