Social and Behavioral Sciences Commons^™

How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos

William & Mary Environmental Law and Policy Review

This is an article about science and environmental law. More specifically, it is an article about two different versions of science, and how each has affected environmental law and the development of environmental policy. The emergence of science-driven environmental law has significantly affected how humans view and respond to the natural world that makes up the biosphere, which is the thin envelope surrounding the Earth that permits the human species to exist. This Article argues that humans, and law-makers, should embrace a different role for science. Instead of science answering “what is” questions, it should also explain the universal laws …

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 …

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 …

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.

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.

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 …

Curb Your Ecoterrorism: Identifying The Nexus Between State Criminalization Of Ecoterror And Environmental Protection Policy, Paul J. Karasick

William & Mary Environmental Law and Policy Review

No abstract provided.

The Devolution Of Nepa: How The Apa Transformed The Nation's Environmental Policy, Sam Kalen

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.

Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind As It Embraces Bioethics?, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

Long before its crystallization as an academic discipline in the 1960s and '70s, bioethics was evolving from isolated ideas and theories into a coherent and practical field. Today, people train in academic bioethics programs and seek careers as bioethicists. Hospitals, universities, government organizations, and corporations hire bioethicists, where they use their training to help make decisions regarding life or death issues in science and medicine. Although there is controversy over the extent and content of the influence they exert there, bioethicists have achieved a seat at the decision-making table.

Environmental ethics also emerged in the 1960s and'70s, beginning most notably …

Bringing Sexy Brac: The Case For Allowing Local Governments To Control Environmental Cleanup In The Military Base Closure And Redevelopment Process, Thomas William "T.W." Bruno

William & Mary Environmental Law and Policy Review

No abstract provided.

Administrative Decisionmaking By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based Vs. Cooperative Enforcement, Robert L. Glicksman, Dietrich H. Earnhart

William & Mary Environmental Law and Policy Review

For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws: the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of enforcement. They regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their regulatory obligations. Proponents of …

The Precautionary Principle: More Than A Cameo Appearance In United States Environmental Law?, Phillip M. Kannan

William & Mary Environmental Law and Policy Review

No abstract provided.

Changing Corporate Behavior Through Environmental Management Systems, David W. Case

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard

William & Mary Environmental Law and Policy Review

No abstract provided.

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.

A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud

William & Mary Environmental Law and Policy Review

No abstract provided.

Synthesizing Criteria And Accounting For Economic Waste In Environmental Laches, Richard G. Collins

William & Mary Environmental Law and Policy Review

No abstract provided.

Alternative Ranch Experiments: Better Than The Blm, Edith Sanders

William & Mary Environmental Law and Policy Review

No abstract provided.

Senator Edmund S. Muskie And The Dawn Of Modern American Environmental Law: First Term, 1959-1964, Robert F. Blomquist

William & Mary Environmental Law and Policy Review

No abstract provided.

European Environmental Policy And Its Effects On Free Trade, Natalie Collins

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Awareness And The New Republican Party: The Re-Greening Of The Gop?, C. M. Cameron Lynch

William & Mary Environmental Law and Policy Review

No abstract provided.

Book Review Of Eco-Pragmatism: Making Sensible Environmental Decisions In An Uncertain World, Lynda L. Butler

Faculty Publications

No abstract provided.

Shall It Be Said That My Dusk Was In Truth My Dawn? What States Can Gleam From The Environmental Consequences Of Deregulating Electricity In California, Michael Kantro

William & Mary Environmental Law and Policy Review

No abstract provided.

Restoring Polluted Waters With Public Values, Wendy E. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

The Changing Political Landscape Of Hydropwer Project Relicensing, Sarah C. Richardson

William & Mary Environmental Law and Policy Review

No abstract provided.

Markets For Nature, Barton H. Thompson Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction: Symposium 2000: Water Rights And Watershed Management: Planning For The Future, Brian J. Perron, Sarah Richardson

William & Mary Environmental Law and Policy Review

No abstract provided.

The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna

William & Mary Environmental Law and Policy Review

No abstract provided.