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Full-Text Articles in Law
The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh
The Impact Of Climate Change On Virginia's Coastal Areas, Jonathan L. Goodall, Antonio Elias, Elizabeth Andrews, Christopher "Kit" Chope, John Cosgrove, Jason El Koubi, Jennifer Irish, Lewis L. Lawrence Iii, Robert W. Lazaro Jr., William H. Leighty, Mark W. Luckenbach, Elise Miller-Hooks, Ann C. Phillips, Henry Pollard V, Emily Steinhilber, Charles Feigenoff, Jennifer Sayegh
Faculty Publications
As part of HJ47/SJ47 (2020), the Virginia General Assembly directed the Joint Commission on Technology and Science (JCOTS) to study the “safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia.” In pursuit of this goal, the commission was to “accept any scientific and technical assistance provided by the nonpartisan, volunteer Virginia Academy of Science, Engineering, and Medicine (VASEM). VASEM convened an expert study board with representation from the Office of the Governor, planning district commissions in coastal Virginia, The Port of Virginia, the Virginia Economic Development Partnership, state universities, private industry, and …
Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker
Recurrent Flooding, Sea Level Rise, And The Relocation Of At-Risk Communities: Case Studies From The Commonwealth Of Virginia, Jeffrey Moore, Lauren Acker
Virginia Coastal Policy Center
No abstract provided.
Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano
Sea Level Rise And Recurrent Flooding: A Toolbox For Local Governments In Virginia, Victor Unnone, Jonathan Lubrano
Virginia Coastal Policy Center
No abstract provided.
The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland
The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland
Virginia Coastal Policy Center
No abstract provided.
Tools For A Resilient Virginia Coast: Designing A Successful Tdr Program For Virginia’S Middle Peninsula, Jessica Lung, Michael Killius
Tools For A Resilient Virginia Coast: Designing A Successful Tdr Program For Virginia’S Middle Peninsula, Jessica Lung, Michael Killius
Virginia Coastal Policy Center
No abstract provided.
Go Green, Save Money: Lowering Flood Insurance Rates In Virginia With Stormwater Management And Open Space, Adele Young, Kristen Clark
Go Green, Save Money: Lowering Flood Insurance Rates In Virginia With Stormwater Management And Open Space, Adele Young, Kristen Clark
Virginia Coastal Policy Center
No abstract provided.
Time To Upgrade Drinking Water Protections, Noah M. Sachs
Time To Upgrade Drinking Water Protections, Noah M. Sachs
Law Faculty Publications
A year ago, residents of Charleston, W.Va., learned that their entire drinking water supply had become contaminated by MCHM, a toxic chemical used to wash coal. Ten thousand gallons of MCHM had spilled from a corroding storage tank by the Elk River, located a mile upstream of the city’s drinking water intake pipes. As a result of the chemical spill, 300,000 citizens lost their water for more than a week, and hundreds sought emergency care.
That accident alone should have been a wake-up call for Virginians about the need to protect our water supply from chemical spills. But a year …
A Strategy To Protect Virginians From Toxic Chemicals, Noah M. Sachs
A Strategy To Protect Virginians From Toxic Chemicals, Noah M. Sachs
Law Faculty Publications
This report is divided into two main parts. Part I of this report details the major sources of toxic chemical releases in Virginia. Part II then discusses our recommendations in more detail, outlining a series of reforms that would help the Commonwealth police and reduce the risks from toxic chemicals.
Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane
Strengthening The Vpa General Permit: Managing Animal Feeding Operations In Virginia To Meet State Law And The Bay Tmdl, Rachel Cannon, Jason Kane
Virginia Coastal Policy Center
No abstract provided.
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
When The Chesapeake Bay Preservation Act Fails: A Suffolk Case Study, Scott Van Der Hyde, Mark Badanowski
Virginia Coastal Policy Center
No abstract provided.
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Adaptive Planning For Flooding And Coastal Change In Virginia: State And Local Areas Of Action, Chris Olcott, Erica Penn
Virginia Coastal Policy Center
No abstract provided.
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet
Virginia Coastal Policy Center
No abstract provided.
Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn
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.
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders
Virginia Coastal Policy Center
No abstract provided.
Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius
Virginia Coastal Policy Center
No abstract provided.
Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning
Virginia Coastal Policy Center
No abstract provided.
The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill
Virginia Coastal Policy Center
No abstract provided.
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block
Virginia Coastal Policy Center
No abstract provided.
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Scholarly Articles
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …
Legislative Control Of The Menhaden Fishery, Matthew G. Curtis
Legislative Control Of The Menhaden Fishery, Matthew G. Curtis
Law Student Publications
This article aims to highlight the unique stance taken by Virginia’s legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia’s legislators should recognize the shift towards an ecosystem-based model as the most effective way to sustainably manage fisheries and all natural resources.
The Tragedy Of The Commons: The Case Of The Blue Crab, Carl W. Tobias
The Tragedy Of The Commons: The Case Of The Blue Crab, Carl W. Tobias
Law Faculty Publications
The blue crab has achieved iconic status throughout the Chesapeake Bay area, while the pugnacious crustacean and the majestic estuary are national treasures. The shallow waters provide optimal habitat for the species that has been deeply woven into the bay's economic and cultural fabric. Last year, after a respected committee ascertained that the crab was in jeopardy, anticipated future deterioration, and proffered extreme recommendations, Virginia and Maryland imposed draconian strictures which could reduce harvests by one third and help ameliorate the creature's depletion. A recent Executive Order, ambitiously designed by President Barack Obama to safeguard and restore the Chesapeake, illuminates …
The User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson
The User Fee Approach To Hunting And Fishing Finance: The “Teaming With Wildlife” Proposal, R. Max Peterson
Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10)
18 pages (includes color illustrations).
Contains footnotes.
Reform Of The Endangered Species Act: Overview Of Administrative Reforms [Congressional Hearing Material Submitted By Bruce E. Babbitt, Secretary, Department Of Interior], Dinah Bear
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
31 pages.
Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler
Defining Public Consumptive Rights In Virginia’S Rivers, Streams, And Lakes: Is Legislative Reform Needed?, Lynda L. Butler
Popular Media
No abstract provided.
Virginia's Coastal Zone Management Program: A Legislative Crisis, Scott C. Whitney, N. Bartlett Theberge
Virginia's Coastal Zone Management Program: A Legislative Crisis, Scott C. Whitney, N. Bartlett Theberge
Popular Media
No abstract provided.
Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson
Part One: Historical Perspective (Of The Chesapeake Bay), Kenneth Lasson
All Faculty Scholarship
This study analyzes the legal problems in the development and management of Chesapeake Bay resources. There are threshold problems of definition - What is Chesapeake Bay? What are its resources? What role does law play in their development and management?
The "Historical Perspective" traces the political controversies that have involved the Bay since the colonies of Maryland and Virginia were first founded. In a rough sense, it defines the traditional resources of the Bay by isolating occasions when individuals, businesses and governmental bodies found themselves at cross-purposes as to how the Bay was to be used and shared.