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15,423 full-text articles. Page 7 of 325.

Criminal Penalities For Creating A Toxic Environment: Mens Rea, Environmental Criminal Liability Standards, And The Neurotoxicity Hypothesis, Colin Crawford 2019 Selected Works

Criminal Penalities For Creating A Toxic Environment: Mens Rea, Environmental Criminal Liability Standards, And The Neurotoxicity Hypothesis, Colin Crawford

Colin Crawford

Recent research in brain biochemistry examining the likely neurological effects of exposure to toxic contaminants continues to demand legal consideration. In this Article, Professor Crawford evaluates the possible consequences of recent neurobiological studies-labeled "The Neurotoxicity Hypothesis" by researchers-for lawyers and the legal system. After summarizing the research, Professor Crawford suggests that as this (or similar) neurobiological research gains increased scientific acceptance, it will be necessary to reduce dramatically the acceptable levels of these toxic elements that can be discharged into the environment. He then examines the implications of such a result for establishing criminal liability under federal environmental statutes, focusing ...


Analyzing Evidence Of Environmental Justice: A Suggestion For Professor Been, Colin Crawford 2019 Brooklyn Law School

Analyzing Evidence Of Environmental Justice: A Suggestion For Professor Been, Colin Crawford

Colin Crawford

This Article addresses the inherent prejudices in modern environmental policies and practices. Specifically, this Article discusses the continuing debate regarding the strength of the correlation between the location of hazardous waste facilities and an area's minority population. Professor Crawford urges his contemporaries, particularly Professor Vicki Been, to expand their evidentiary fields to include statistics of an area's standard of living in order to obtain an accurate analysis of the motives behind locating hazardous waste facilities in certain areas. The Article concludes with a case study of Noxubee County, Mississippi to demonstrate the effect of applying this expanded method ...


A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian Conrad Juergensmeyer 2019 Tulane University Law School

A Comparative Consideration Of Development Charges In Cape Town, Colin Crawford, Julian Conrad Juergensmeyer

Colin Crawford

No abstract provided.


International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure 2019 College of William & Mary Law School

International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure

William & Mary Environmental Law and Policy Review

The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean ...


How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos 2019 College of William & Mary Law School

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 ...


Taking On Water: Winters, Necessity And The Riparian East, Jacqueline Goodrum 2019 College of William & Mary Law School

Taking On Water: Winters, Necessity And The Riparian East, Jacqueline Goodrum

William & Mary Environmental Law and Policy Review

In the eastern United States, a natural abundance of water has historically satisfied regional water needs. However, rapid population growth and expansive development, as well as changing climate conditions, threaten to deplete and diminish regional water resources. Riparianism, the reigning water rights regime in the American East, is insufficient to address concerns arising from these emerging forces because it assumes sufficient water will be available for all users. Recent interstate disputes, such as Virginia v. Maryland and Florida v. Georgia, highlight a new hydrological reality characterized by not only increased consumption of eastern water resources, but also by increased competition ...


Galactic Preservation And Beyond: A Framework For Protecting Cultural, Natural, And Scientific Heritage In Space, Matthew Rosendahl 2019 College of William & Mary Law School

Galactic Preservation And Beyond: A Framework For Protecting Cultural, Natural, And Scientific Heritage In Space, Matthew Rosendahl

William & Mary Environmental Law and Policy Review

In July 2017, Moon Express, a private spaceflight company, announced plans to build an outpost on the South Pole of the Moon by 2020. The goal? To mine the Moon for minerals and water that could then be sold for profit. Indeed, the Moon has been found to possess resources with lucrative uses, both in space and here on Earth. The potential for huge rewards has incentivized several private and governmental actors to launch planned expeditions to the Moon, with China becoming the third nation to land a spacecraft there in 2013. Both China and India have since announced plans ...


When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen 2019 College of William & Mary Law School

When All Else Fails, Look To The Courts: Using Hybrid Tribunals To Build Judicial Capacity And End Environmental Destruction In Post-Conflict Countries, Reeana Keenen

William & Mary Environmental Law and Policy Review

A news report from April 2017 that compiled data from South Sudan, Nigeria, Somalia, and Yemen stated that each country is either experiencing famine or on the brink. These countries and their link to famine is not coincidental: each country is either in the midst of current armed conflict or trying to piece itself back together following an armed conflict. For example, in South Sudan, violent clashes between South Sudan’s army and a rebel militia resulted in the “razing and burning [of] entire villages.”

Famine and other environmental harms are common in pre- and post-conflict countries, often worsened by ...


The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott 2019 College of William & Mary Law School

The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott

William & Mary Environmental Law and Policy Review

Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state ...


Yielding To He Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles McGinley 2019 College of William & Mary Law School

Yielding To He Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley

William & Mary Environmental Law and Policy Review

In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those mines and the coal they produced provided jobs, put food on family tables in coalfield households, and even provided housing for hundreds of thousands of coal miners and their families. The bounty from America’s expanding coalfields fueled the Industrial Revolution and powered the nation’s steel mills, factories,steamboats, and railroads. It powered America’s defense through two World Wars and later military conflicts. Coal-fired power plants generated more than half of the electricity used in the United States in the latter quarter ...


Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann 2019 Texas A&M University School of Law

Market Segmentation Vs. Subsidization: Clean Energy Credits And The Commerce Clause's Economic Wisdom, Felix Mormann

Felix Mormann

The dormant Commerce Clause has long been a thorn in the side of state policymakers. The latest battleground for the clash between federal courts and state legislatures is energy policy. In the absence of a decisive federal policy response to climate change, nearly thirty states have created a new type of securities—clean energy credits—to promote lowcarbon renewable and nuclear power. As more and more of these programs come under attack for alleged violations of the dormant Commerce Clause, this Article explores the constitutional constraints on clean energy credit policies. Careful analysis of recent and ongoing litigation reveals the ...


Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards 2019 Louisiana State University Law Center

Applying Life Insurance Principles To Coastal Property Insurance To Incentivize Adaptation To Climate Change, Edward P. Richards

Edward P. Richards

Current levels of greenhouse gases will result in significant sea level rise in the future, irrespective of the success of any future mitigation efforts. Paleoclimate and geologic data from past periods of rising sea level show that low lying areas, especially river deltas which are home to half a billion people, will be inundated. The best way to represent this risk through insurance is to apply the human-life insurance model to coastal property insurance. Human-life insurance is based on the assumption that every insured will die. Because the risk of death increases with age, the cost of insurance increases with ...


Getting It Right: Examining The Local Land Use Entitlement Process In California To Inform Policy And Process, Moira O'Neill, Giulia Gualco-Nelson, Eric Biber 2019 Selected Works

Getting It Right: Examining The Local Land Use Entitlement Process In California To Inform Policy And Process, Moira O'Neill, Giulia Gualco-Nelson, Eric Biber

Eric Biber

California’s housing affordability crisis has rightly received a great deal of attention by state lawmakers, the press, academics, and ordinary Californians. Important questions raised in this discussion are: What laws or regulations might impede housing construction in high-cost areas? What solutions might help reduce those barriers with a minimum impact on other important values, such as environmental protection, public participation, and equitable treatment of low-income communities of color? More specifically, does state environmental law (the California Environmental Quality Act, CEQA), or local land-use regulations, constrain housing development? To help answer that last question, we collected data on all residential ...


Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran 2019 Villanova University Charles Widger School of Law

Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran

Villanova Environmental Law Journal

No abstract provided.


Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning 2019 Villanova University Charles Widger School of Law

Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning

Villanova Environmental Law Journal

No abstract provided.


Lowering The Bar?: Reevaluating The Diligent Prosecution Bar In Light Of The Gold King Mine Spill, Connor R. Adamson 2019 Villanova University Charles Widger School of Law

Lowering The Bar?: Reevaluating The Diligent Prosecution Bar In Light Of The Gold King Mine Spill, Connor R. Adamson

Villanova Environmental Law Journal

No abstract provided.


The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick 2019 Villanova University Charles Widger School of Law

The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick

Villanova Environmental Law Journal

No abstract provided.


How To Decide Whose Bank Pays: The Impact Of Supreme Court Takings Jurisprudence On Environmental Regulations, Kathleen L. McCanless 2019 Villanova University Charles Widger School of Law

How To Decide Whose Bank Pays: The Impact Of Supreme Court Takings Jurisprudence On Environmental Regulations, Kathleen L. Mccanless

Villanova Environmental Law Journal

No abstract provided.


A Presidential Power Of Monumental Proportions: Does The Antiquities Act Permit The Review And Revision Of National Monuments Or Can The President Steal Your Land?, Maureen A. McCotter 2019 Villanova University Charles Widger School of Law

A Presidential Power Of Monumental Proportions: Does The Antiquities Act Permit The Review And Revision Of National Monuments Or Can The President Steal Your Land?, Maureen A. Mccotter

Villanova Environmental Law Journal

No abstract provided.


Ocean Acidification: Dealing With Uncharted Waters, Kimberly N. Smith 2019 Villanova University Charles Widger School of Law

Ocean Acidification: Dealing With Uncharted Waters, Kimberly N. Smith

Villanova Environmental Law Journal

No abstract provided.


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