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Environmental Policy

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Articles 31 - 60 of 104

Full-Text Articles in Social and Behavioral Sciences

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire Dec 2014

Valuing Ecosystem Services In Coastal Management Policy: Looking Beyond The Here And Now, Chad J. Mcguire

Chad J McGuire

This article explores how the identification and account- ing of ecosystem services can aid coastal management policies, particularly as management looks to a future that includes the impacts of climate change. At the core of making better deci- sions is an understanding of the value of ecosystem services. The economic context of ecosystem services is explored in order to outline what may be considered a complete account- ing of costs. Once contextualized, ecosystem services will then be applied to current coastal management issues associ- ated with sea level rise. In particular, policy-relevant questions about mitigating and adapting to sea level …


The Role Of Risk Perception In Building Sustainable Policy Instruments: A Case Study Of Public Coastal Flood Insurance In The Usa, Chad J. Mcguire Dec 2014

The Role Of Risk Perception In Building Sustainable Policy Instruments: A Case Study Of Public Coastal Flood Insurance In The Usa, Chad J. Mcguire

Chad J McGuire

Public planning for sustainability implies a forward-looking approach that often includes imagining future harm and taking steps to prevent that future harm before it occurs. A major challenge to implementing such forward looking, or precautionary, a policy instrument is managing the impacts such policies have on existing expectations. The purpose of this paper is to discuss the role of risk perception in the development of forward-looking policy instruments. A case study example focused on coastal flood insurance in the USA is presented to highlight the difficulty of implementing sustainable policy goals when current policies incentivise the discounting of risk. The …


Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire Nov 2014

Climate-Induced Sea Level Rise And Sustainable Coastal Management: The Influence Of Existing Policy Frameworks On Risk Perception, Chad J. Mcguire

Chad J McGuire

This article looks at the role of existing government policies on perceptions of risk and the impact they have on developing forward-looking sustainable policy instruments. Coastal flood insurance policy in the United States is examined as a way of exploring the relationship between policy instruments and risk perception. Insights include the importance of understanding the role of community risk perception in policy development, as well as the role of historical and existing policies in influencing community risk perception.


Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire Sep 2014

Losing The Message: Some Policy Implications Of Anthropocentric Indirect Arguments For Environmental Protection, Chad J. Mcguire

Chad J McGuire

The value of anthropocentric indirect arguments (AIAs), as stated by Elliott (2014), is to focus on non-environmental benefits that derive from actions or policies that also benefit the environment. The key difference with these indirect arguments—from more direct anthropocentric arguments—is they focus on human benefits unrelated to the environment. So, for example, less coal burning power plants means less respiratory illness and higher worker productivity. The air is cleaner, but rather than clean air being the goal in arguing for less coal burning power plants, healthier people is the goal. Or as Elliott notes, clean energy can create jobs, and …


Urban/Rural Spatial Identity And Legislative Behavior In Nebraska: The Impact Differences On Economic Development And Environmental Legislation, Melissa L. Trueblood Apr 2014

Urban/Rural Spatial Identity And Legislative Behavior In Nebraska: The Impact Differences On Economic Development And Environmental Legislation, Melissa L. Trueblood

Community and Regional Planning Program: Theses and Student Projects

The urban/rural divide is pervasive in policy-making in Nebraska. In this nonpartisan state, coalitions based on spatial identity or whether the legislator is urban or rural seem to have greater weight than party especially in the creation of economic development policy. Often, economic development policies include locational considerations which give areas such as rural areas and economically distressed areas greater weight when distributing program funds. In my study, I investigate whether constituency or party has a greater impact on the legislative behavior of Nebraska state legislators when voting on economic development and environmental legislation. I expect that constituency would have …


Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane Feb 2014

Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane

William & Mary Environmental Law and Policy Review

Current approaches to discounting in climate policy present a seemingly intractable problem. While it is widely recognized that choice of discount rate in climate models can easily dwarf the effect of other parameter inputs, there is at present a very wide disagreement, both in law and in economics, about the appropriate discount rate to use. This Paper provides a framework for achieving a workable consensus range for acceptable discount rates in climate models. It does so by emphasizing three factors previously ignored in the literature. First, it demonstrates that the choice of discount rate should be tailored to the type …


Uncertainty, Daniel A. Farber Sep 2013

Uncertainty, Daniel A. Farber

Daniel A Farber

The article discusses environmental risks and uncertainties and the current approaches to risk assessment. It is said that conventional risk assessment is a powerful methodology, but over-reliance on it can lead to a failure to acknowledge any risks that do not lend themselves to the technique. Uncertainties can be associated with fat-tailed distributions.


Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn Apr 2013

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.


Towards Re-Thinking Ecology: Investigating The Influence Of Behavioral Economics On Ecological Thought, Ned Weidner Mar 2013

Towards Re-Thinking Ecology: Investigating The Influence Of Behavioral Economics On Ecological Thought, Ned Weidner

LUX: A Journal of Transdisciplinary Writing and Research from Claremont Graduate University

The current mainstream ecological discourse among environmental activists seems to be focused on changing the current paradigm of ecological thinking towards one focused primarily on sustainability through a deeper connection with the Earth. Often these activists argue this deeper connection with the Earth is best achieved through a paradigmatic change in thinking. It is the argument of this paper that those who champion a paradigmatic shift in thinking towards sustainability need to re-think their plan of action for creating a sustainable relationship with the Earth’s environment because changing society’s way of viewing ecological matters as a way to create a …


The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann Nov 2012

The Challenges Of Dynamic Water Management In The American West, Holly Doremus, Michael Hanemann

Holly Doremus

No abstract provided.


Constitutive Law And Environmental Policy, Holly Doremus Nov 2012

Constitutive Law And Environmental Policy, Holly Doremus

Holly Doremus

No abstract provided.


Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus Nov 2012

Sciene Plays Defense: Natural Resource Management In The Bush Administration, Holly Doremus

Holly Doremus

The George W. Bush Administration has been criticized by scientists for its use of science in the policy arena generally, and for politicizing science. However, the problem is more one of the scientizing of politics, as the administration has shown that the rhetoric of science can be used defensively, as a barrier to regulation. Key methods used by the administration to pursue its strategy of defensive science in natural resource management are detailed. A more normatively defensible, and a more politically effective, strategy for conservationists would emphasize the need to bring transparency and a commitment to updating into the regulatory …


Adaptive Management Program Progress Report, Susan Wainscott, Lee Bice Aug 2012

Adaptive Management Program Progress Report, Susan Wainscott, Lee Bice

Susan Wainscott

Progress of the Adaptive Management Program for the Clark County Multiple Species Habitat Conservation Program is presented.


Sheldon Kamienieck Cv, Sheldon Kamieniecki May 2012

Sheldon Kamienieck Cv, Sheldon Kamieniecki

Sheldon Kamieniecki

No abstract provided.


Public Policy Frameworks In Environmental Settings: An Argument For New Policy Frameworks To Support New Policy Directions, Chad J. Mcguire Apr 2012

Public Policy Frameworks In Environmental Settings: An Argument For New Policy Frameworks To Support New Policy Directions, Chad J. Mcguire

Chad J McGuire

Environmental policy is about solving problems, not creating them. Policy frameworks are meant to be supportive of policy initiatives. Most environmental initiatives are impacted by new information, and as such, policy frameworks should be responsive to new information. Often existing policy frameworks limit the ability of information that suggests a change in policy direction. This article discusses some of the causes for this phenomenon and suggests that new policy frameworks should be considered in supporting new policy directions, rather than relying on the manipulation of existing policy frameworks.


A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula Feb 2012

A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula

William & Mary Environmental Law and Policy Review

No abstract provided.


Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris Dec 2011

Systems Thinking Applied To U.S. Federal Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

The goal of this article is to provide the reader with a kind of historical case study on how fisheries law and policy evolution has brought management of the resource to a more ‘systems-centered’ approach. In addition to this historical rendition, another goal of this article is to identify some areas of potential growth, specifically the development of legal instruments that are more adapted to systems principles.


Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire Dec 2011

Coastal Planning, Federal Consistency, And Climate Change: A Recent Divergence Of Federal And State Interests, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to identify the contrasting policy approaches being undertaken at the state and federal levels with respect to climate change and offshore resource development respectively, noting how these respective approaches are leading to a divergence between state and federal priorities in the marine environment. The divergent approaches identified will be placed in the context of the CZMA, particularly the federal consistency requirement of that act, which helps to define the relationship between state and federal actions in ocean waters. Legal issues that arise from this divergence will be identified and analyzed. We begin with identification …


Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill Dec 2011

Climate Adaptation And The Fifth Amendment Of The U.S. Constitution: A Regulatory Takings Analysis Of Adaptation Strategies In Coastal Development With Application To Connecticut’S Coastal Management Regime, Chad J. Mcguire, Jason Hill

Chad J McGuire

As climate change impacts are realized at the governance level, states and local governments are moving towards adaptation strategies that include increasing restrictions on how land is used in coastal zones. The purpose of this article is to review state regulatory strategies that are attempting to adapt to climate change in light of limits placed on those strategies by the Fifth Amendment to the United States Constitution: the prohibition against the taking of private property by government action without a public purpose and just compensation. This article highlights the importance in identifying the roles governments can take beyond the role …


A Framework For Analyzing Information Flows In Public Policy Decision-Making: A Move Towards Building Sustainable Policy Instruments, Chad J. Mcguire Aug 2011

A Framework For Analyzing Information Flows In Public Policy Decision-Making: A Move Towards Building Sustainable Policy Instruments, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to explain a framework that focuses on information flows as a means of understanding public policy decision-making, with a specific emphasis on information relating to sustainable development. The goal of this framework is to further aid in identifying and explaining the extent to which sustainability goals are being implemented in public policy decisions. The suggestion is that by focusing on the information flows directly related to sustainable information, instances can be isolated where specific pieces of information are not making their way to final decision-making processes, or alternatively, where new information interferes with sustainable …


Adaptive Management Program Poster, Susan Wainscott Aug 2011

Adaptive Management Program Poster, Susan Wainscott

Susan Wainscott

Adaptive Management is the use of evidence-based data and best scientific knowledge to improve management and programmatic actions and to reduce the uncertainty inherent in those actions. This approach is the core of the Clark County Multiple Species Habitat Conservation Plan (MSHCP), which also includes a strong emphasis on transparency in decision making to increase the accountability of the program.

The MSHCP supports an incidental take permit from the United States Fish and Wildlife Service (USFWS). When reviewing the MSHCP and issuing the incidental take permit, the USFWS required certain tasks be completed on a regular or ongoing basis. The …


A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire Jul 2011

A Review Of Amendment 16 To The Northeast Multispecies Fishery Management Plan, Jonathon N. Feinberg, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to review Amendment 16 to the Northeast Multispecies Fishery Management Plan, highlighting some of the legal and policy implications to the fishing community and regulatory bodies. Questions of impact are framed from the local fishing community perspective, while larger questions of regulatory implications, including statutory purpose, are identified where appropriate. The article concludes by identifying necessary policy questions that need to be resolved if we are to move toward a coherent strategy of national fisheries management that is both rational for the sake of the resource, and equitable to those who are most directly …


Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire Jul 2011

Who Owns The Fish? Moving From The Commons To Federal Ownership Of Our National Fisheries, John B. Walden, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to explore a premise that fishery management at the federal level would be more effective if the U.S. government simply charged for the privilege to commercially harvest fish. This argument is supported by a mix of historical fact-finding and legal precedent, brought together in an attempt to identify a basic economic principle of property rights. The goal is to allow both practitioners and policy makers an opportunity to view fishery management options through a lens of government property rights, and show how a rational distribution of those rights through advancing market mechanisms may provide …


Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire Apr 2011

Marine Mammals And International Trade: Balancing Social Conscience With Trade Obligations – A Summary And Update On The World Trade Organization Seal Products Dispute, Chad J. Mcguire

Chad J McGuire

The purpose of this article is to provide a summary of the current debate surrounding the proposed European Union expansion of barriers to trade in seal products. This article will also identify some of the potential legal issues at the heart of the ban. Finally, some policy considerations that may arise depending on how this case ultimately resolves itself will be highlighted. What is reinforced in this case study is the notion that the interaction between domestic policy and international law can often create unique frustrations where seemingly independent goals can lead to legal conflicts. This case study is an …


A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello Feb 2011

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 …


The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier Jan 2011

The Nonexistence Of Sustainability In International Maritime Shipping: Issues For Consideration, Chad J. Mcguire, Helen Perivier

Chad J McGuire

There is an ongoing practice in the international shipping community that impacts fundamental notions of sustainability as defined in the peer-reviewed literature (WCED, 1987; Gladwin, Kennelly & Krause, 1995; McManus, 1996, Naess, 2003; McGregor, 2004). The practice is based in discounting the true costs of maritime shipping through a system of open registries. By engaging in such practices, there is an inherent failure by the international community to internalize the true costs (environmental, social, labor, etc.) associated with shipping. The result is a practice that artificially keeps the international costs of maritime shipping low at the expense of environmental and …


Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris Aug 2010

Some Back-Ended Legal And Political Issues In United States Fisheries Management, Chad J. Mcguire, Bradley P. Harris

Chad J McGuire

In response to over-exploitation and ecosystem degradation, United States federal fisheries policy is shifting from species-based to ecosystem-based management. In addition, the reauthorized Magnuson-Stevens Fisheries Conservation and Management Reauthorization Act of 2006 identifies the following goals to be achieved by 2011: end over-fishing, create market-based incentives, strengthen enforcement mechanisms, and improve cooperative conservation efforts. We refer to these goals (including the “status quo”) as front-ended policy objectives. Left unresolved are what we term back-ended policy and legal issues, specifically including issues involving the legal limitations that inhibit full consideration of ecosystem-based management principles through the adopting of scientific information. In …


Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire May 2010

Sustainable Approaches To Managing Small-Scale Ecosystems: A Case Study Of Vernal Pool Protection In The Commonwealth Of Massachusetts, United States Of America, Chad J. Mcguire

Chad J McGuire

This paper reviews the current management scheme used by Massachusetts to protect vernal pools, which represent small-scale ecosystems, and analyzes its relative strengths and weaknesses from an overall sustainability standpoint by looking at the frameworks developed for management. The frameworks are analyzed to determine if the objectives of vernal pool protection are being met. The initial impression is the outcomes are not meeting the objective of overall vernal pool protection, because there are failures in the drivers (mainly the certification requirement), which limits the number of verbal pools actually protected. An expansion of the current Massachusetts program is suggested to …


Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire May 2010

Climate Adaptation And The Fifth Amendment To The United States Constitution: How Do Adaptation Strategies Impact Regulatory Takings Claims?, Chad J. Mcguire

Chad J McGuire

As the impacts and potential of climate change are realized at the governance level, states are moving towards adaptation strategies that include greater regulatory restrictions on development within coastal zones. The purpose of this paper is to outline the impacts of existing and planned regulatory mechanisms on the Fifth Amendment to the United States Constitution, which prevents the government taking of private property for public use without just compensation. A short history of regulatory takings is explained, and the potential legal issues surrounding mitigation and adaptation measures for coastal communities are discussed. The goal is to gain an understanding of …


A Case Study Of Carbon Sequestration Potential Of Land Use Policies Favoring Re-Growth And Long-Term Protection Of Temperate Forests, Chad J. Mcguire Feb 2010

A Case Study Of Carbon Sequestration Potential Of Land Use Policies Favoring Re-Growth And Long-Term Protection Of Temperate Forests, Chad J. Mcguire

Chad J McGuire

There is a traditional view suggesting forests remove carbon dioxide from the atmosphere (Pregitzer & Euskirchen, 2004), but they cease to serve as a carbon sink as they fully mature (Odum, 1969). Recent modeling of old-growth forest carbon sequestration indicate they continue to serve as a “net sink” of carbon even after maturity (Carey, Sala, Keane, & Callaway, 2001; Zhou et al., 2006) - sequestering an average of 2.4 +/- 0.8 tC ha-1 yr-1 (tC = metric tons of carbon; ha = hectare; yr =year), and yielding a ratio of heterotrophic respiration (Rh) to net primary production (NPP) of approximately …