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Environmental Law Commons

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Articles 1 - 9 of 9

Full-Text Articles in Environmental Law

Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor Dec 2011

Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor

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 Dec 2011

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 …


Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann Dec 2011

Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann

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 Dec 2011

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.


Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva May 2011

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 May 2011

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 …


Breaking The Transsubstantive Pleading Mold: Public Interest Environmental Litigation After Ashcroft V. Iqbal, Scott Foster May 2011

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.


How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler Feb 2011

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 …


Decreasing Dirty Dumping? A Reevaluation Of Toxic Waste Colonialism And The Global Management Of Transboundary Hazardous Waste, Laura A. Pratt Feb 2011

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 …