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William & Mary Environmental Law and Policy Review

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Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard Feb 2015

Damage Control: Adapting Transportation To A Changing Climate, Trip Pollard

William & Mary Environmental Law and Policy Review

Sea level rise, extreme weather events, and other problems caused or exacerbated by a changing climate present the most serious long-term threats to transportation worldwide. Recent disasters have carried a hefty price tag, and forecasts call for more frequent and more costly damage to infrastructure and disruptions of services that are central to trade, jobs, food access, national security, health, and personal mobility. It is essential to reduce greenhouse gas pollution to lessen future damage to transportation; however, even if emissions are cut drastically at this point, the impacts of a changing climate will continue for decades. As a result, …


Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose Feb 2015

Economic Hazards Of Environmental Justice For Lower-Income Housing Tenants, Anu Paulose

William & Mary Environmental Law and Policy Review

No abstract provided.


The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi Nov 2012

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …


Nepa And The "Beneficial Impact" Eis, Shaun A. Goho Feb 2012

Nepa And The "Beneficial Impact" Eis, Shaun A. Goho

William & Mary Environmental Law and Policy Review

The National Environmental Policy Act (“NEPA”) requires that federal agencies prepare an environmental impact statement (“EIS”) for any major federal action “significantly affecting the quality of the human environment.” Some courts—in dicta—and some commentators have suggested that agencies must prepare an EIS for actions that will have significant beneficial impacts on the environment but no significant adverse impacts. In a recent case, the Ninth Circuit declined to address this question, but suggested that there was a circuit split on the issue.

In this Article, I argue that agencies do not need to prepare such a “Beneficial Impact” EIS. First, there …


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 …


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.


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 …


Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller Feb 2011

Finding A New Green In Postwar Iraq And Afghanistan: An Argument For Cooperation, Nathan Kent Miller

William & Mary Environmental Law and Policy Review

No abstract provided.


Climate Change Consensus: Emerging International Law, Elizabeth Burleson Feb 2010

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

William & Mary Environmental Law and Policy Review

No abstract provided.


Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin Oct 2009

Sustainability And Land Use Planning: Greening State And Local Land Use Plans And Regulations To Address Climate Change Challenges And Preserve Resources For Future Generations, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.


Curb Your Ecoterrorism: Identifying The Nexus Between State Criminalization Of Ecoterror And Environmental Protection Policy, Paul J. Karasick Feb 2009

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.


Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers Feb 2009

Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers

William & Mary Environmental Law and Policy Review

No abstract provided.


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 Feb 2008

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.


Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson Apr 2007

Getting The Lead Out: Revising Lead Hazard Legislation To Reach Children In Poverty, Sara Outterson

William & Mary Environmental Law and Policy Review

No abstract provided.


Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin Oct 2005

Gis In An Age Of Homeland Security: Accessing Public Information To Ensure A Sustainable Environment, Patricia E. Salkin

William & Mary Environmental Law and Policy Review

No abstract provided.


American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler Oct 2005

American Cities And Sustainable Development In The Age Of Global Terrorism: Some Thoughts On Fortress America And The Potential For Defensive Disperal Ii, Edward H. Ziegler

William & Mary Environmental Law and Policy Review

No abstract provided.


Table Of Contents (V. 29, No. 3) Apr 2005

Table Of Contents (V. 29, No. 3)

William & Mary Environmental Law and Policy Review

No abstract provided.


J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd Apr 2005

J.B. Ruhl's "Law-And-Society System": Burying Norms And Democracy Under Complexity Theory's Foundation, Jeffrey Rudd

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White Apr 2005

Environmental Justice Since Hammurabi: From Assigning Risk "Eye For An Eye" To Modern-Day Application Of The Responsible Corporate Offcer Doctrine, Peter C. White

William & Mary Environmental Law and Policy Review

No abstract provided.


What You Don't Know Can Hurt You: The Importance Of Information In The Battle Against Environmental Class And Racial Discrimination, Browne C. Lewis Feb 2005

What You Don't Know Can Hurt You: The Importance Of Information In The Battle Against Environmental Class And Racial Discrimination, Browne C. Lewis

William & Mary Environmental Law and Policy Review

No abstract provided.


Terrorism, Security, And Environmental Protection, Stephen M. Johnson Oct 2004

Terrorism, Security, And Environmental Protection, Stephen M. Johnson

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Ethics From The Perspectives Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia Apr 2004

Environmental Ethics From The Perspectives Of Nepa And Catholic Social Teaching: Ecological Guidance For The 21st Century, Lucia A. Silecchia

William & Mary Environmental Law and Policy Review

No abstract provided.


Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack Dec 2002

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

William & Mary Environmental Law and Policy Review

No abstract provided.


Sustainable Development And Postmodern International Law: Greener Globalization?, Barbara Stark Oct 2002

Sustainable Development And Postmodern International Law: Greener Globalization?, Barbara Stark

William & Mary Environmental Law and Policy Review

No abstract provided.


Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht Apr 2002

Legal Ethics For Environmental Lawyers: Real Problems, New Challenges, And Old Values, Sanford M. Stein, Jan M. Geht

William & Mary Environmental Law and Policy Review

No abstract provided.


Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson Dec 2001

Lessons Learned From Flint, Michigan: Managing Multiple Source Pollution In Urban Communities, Emily L. Dawson

William & Mary Environmental Law and Policy Review

No abstract provided.


Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr. Dec 2001

Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.


Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother Apr 2000

Brownfields Of Dreams In The Old Dominion: Redeveloping Brownfields In Virginia, Philip Carter Strother

William & Mary Environmental Law and Policy Review

No abstract provided.


Environmental Justice Risks In The Petroleum Industry, Roy Whitehead Jr., Walter Block Feb 2000

Environmental Justice Risks In The Petroleum Industry, Roy Whitehead Jr., Walter Block

William & Mary Environmental Law and Policy Review

No abstract provided.


Table Of Contents And Masthead (V. 24, No. 1) Feb 2000

Table Of Contents And Masthead (V. 24, No. 1)

William & Mary Environmental Law and Policy Review

No abstract provided.