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Articles 1 - 30 of 35
Full-Text Articles in Environmental Law
Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden
Dying For A Solution: Incidental Taking Under The Migratory Bird Treaty Act, Andrew G. Ogden
William & Mary Environmental Law and Policy Review
The almost century-old Migratory Bird Treaty Act (“MBTA”) is straining to fulfill its statutory purpose of protecting migratory birds from the changing and growing threats of a modern industrial society. With approximately 600 million bird deaths per year from a host of anthropogenic activities and infrastructure, including alternative energy projects, oil and gas development, antennas, power lines and buildings, migratory bird populations are under stress that will increase significantly in the near future from a momentous growth in wind energy activity.
Since the 1970s, the Fish and Wildlife Service (“FWS”) has attempted to reconcile the MBTA’s conservation policy and strict …
Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson
Articulating Moral Bases For Regional Responses To Deforestation And Climate Change: Africa, Amelia Chizwala Peterson
William & Mary Environmental Law and Policy Review
Deforestation and desertification, archenemies of efforts to maintain forests as sinks for greenhouse gas emissions, are marching on unabated in Africa, where 90 percent of forests were lost in West Africa over the last century alone. Wangari Maathai, founder of the Green Belt Movement, whose work to restore some of Kenya’s decimated forests predates the connections made by the climate science community between deforestation and climate change, wrote:
Today we are faced with a challenge that calls for a shift in our thinking, so that humanity stops threatening its lifesupport system. We are called to assist the Earth to heal …
See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans
See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans
William & Mary Environmental Law and Policy Review
Application of the rule of repose to environmental contamination claims for trespass and nuisance will preclude recovery for plaintiffs who discover the harm or injury outside the repose period. The rule of repose is subject neither to the discovery rule or other equitable tolling devices and runs from the date of the defendant’s culpable conduct. As a consequence, the rule extinguishes claims regardless of accrual of the cause of action. Environmental plaintiffs suffering property damage are particularly vulnerable to the repose bar as harm can occur over many years through the migration of unseen contaminants. Operation of the rule of …
Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey
Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey
William & Mary Environmental Law and Policy Review
No abstract provided.
Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova
Good Vibrations: The Push For New Laws And Industry Practices In American Instrument Making, Patrick Genova
William & Mary Environmental Law and Policy Review
No abstract provided.
Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico
Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico
William & Mary Environmental Law and Policy Review
No abstract provided.
"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal
"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal
William & Mary Environmental Law and Policy Review
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
Virginia Coastal Policy Center
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler
The Supreme Court’S Recent “Takings” Cases: The Koontz And Arkansas Decisions -- What Do They Mean For Local Government?, Lynda L. Butler
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Understanding Lucas And Related “Takings” Law: Would Rebuilding Restrictions After A Storm Event Result In A “Total Economic Wipeout” And Constitute A “Takings”?, Sharon Pandak
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott
Maintaining Services: A Duty Today, Potential Issues Tomorrow?, Shana Jones, Chris Olcott
Virginia Coastal Policy Center Annual Conference
No abstract provided.
The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg
The Dillon Rule And Local Government Authority: An Overview Of The Issues, Ronald H. Rosenberg
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard
Framing The Legal Problems: Is A Holistic Strategy For Managing Stormwater, Flooding, And The Bay Tmdl Possible Or Advisable?, Henry R. Pollard
Virginia Coastal Policy Center Annual Conference
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Commonwealth Of Virginia, Virginia Institute Of Marine Science, Virginia Environmental Endowment
Adaptive Planning For Flooding And Coastal Change In Virginia: Legal And Policy Issues For Local Government (Agenda), Virginia Coastal Policy Center, William & Mary Law School, Commonwealth Of Virginia, Virginia Institute Of Marine Science, Virginia Environmental Endowment
2013, Adaptive Planning for Flooding and Coastal Change in Virginia
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.
The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova
The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova
William & Mary Environmental Law and Policy Review
Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.
A pervasive and long-standing problem, nonpoint pollution, nutrient and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint discharges …
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.
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Virginia Coastal Policy Center
No abstract provided.
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
Virginia Coastal Policy Center
No abstract provided.
Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius
Virginia Coastal Policy Center
No abstract provided.
Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning
Virginia Coastal Policy Center
No abstract provided.
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill
Virginia Coastal Policy Center
No abstract provided.
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott
Virginia Coastal Policy Center
No abstract provided.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend, Gary D. Godman
Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend, Gary D. Godman
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 …