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Articles 1 - 25 of 25
Full-Text Articles in Law
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Green Supply Chain Management: A Perspective On Best Practices In Gscm Design, Leroy Paddock, Natasha Rao
Arkansas Law Review
No abstract provided.
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Reclaiming Energy Efficiency In An Age Of Petroleum Exclusion, Monika Ehrman
Arkansas Law Review
No abstract provided.
Contracting For Sustainable Surface Management, Tara Righetti
Contracting For Sustainable Surface Management, Tara Righetti
Arkansas Law Review
No abstract provided.
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Keynote: Motivating Private Climate Governance: The Role Of The Efficiency Gap, Michael P. Vandenbergh
Arkansas Law Review
The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems. For instance, although twenty states have set …
Using Renewable Portfolio Standards To Accelerate Development Of Negative Emissions Technologies, Anthony E. Chavez
Using Renewable Portfolio Standards To Accelerate Development Of Negative Emissions Technologies, Anthony E. Chavez
William & Mary Environmental Law and Policy Review
As society continues to emit greenhouse gases, the likelihood of dangerous climate change occurring increases. Indeed, most analyses project that we must utilize negative emission technologies (“NETs”) to avoid dangerous warming. Even the Paris Agreement anticipates the implementation of such carbon dioxide (“CO2”) removal technologies. Unfortunately, NETs are not ready for large-scale deployment. In many instances, their technologies remain uncertain; in others, their ability to operate at the scale required is unknown. Other uncertainties, including their costs, effectiveness, and environmental impacts have yet to be determined.
A means to accelerate the development and implementation of NETs is a …
Dealing With Climate Change Under The National Environmental Policy Act, Climate Change--Laws Regulations And Rules, Environmental Impact Statements, Greenhouse Gases, Arnold W. Reitze Jr.
Dealing With Climate Change Under The National Environmental Policy Act, Climate Change--Laws Regulations And Rules, Environmental Impact Statements, Greenhouse Gases, Arnold W. Reitze Jr.
William & Mary Environmental Law and Policy Review
The National Environmental Policy Act (“NEPA”) was an important environmental law for several decades before climate change became an issue of concern. In the 1990s, efforts began to include in NEPA’s environmental assessments and environmental impact statements both the impact of federal government actions on climate change and the impact of climate change on proposed federal actions. These efforts were encouraged by the Council on Environmental Quality (“CEQ”). However, implementation at the agency level has since been uneven. Some federal agencies have resisted making serious efforts to incorporate climate change impacts into their decision-making process. Moreover, the courts have not …
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
William & Mary Environmental Law and Policy Review
It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
William & Mary Environmental Law and Policy Review
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
Environmental Governance And The Global South, Jeffrey J. Minneti
Environmental Governance And The Global South, Jeffrey J. Minneti
William & Mary Environmental Law and Policy Review
Over the last several decades, efforts to regulate the environment through traditional public law at national and international levels have stalled. In contrast, private environmental governance has flourished as nongovernmental entities have engaged in standard setting and assessment practices traditionally left to public government. This Article observes that while private governance of producers’ environmental product claims has grown tremendously in recent years, the vast majority of the governance originates in the global North and thrusts the global North’s economic and environmental agenda into the global South. In light of recent empirical studies of the effectiveness of such governance, the Article …
Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald
Regulatory Obsolescence Through Technological Change In Oil And Gas Extraction, Timothy Fitzgerald
William & Mary Environmental Law and Policy Review
Extraction of oil and gas from unconventional resources, recently enabled by technological innovations, revolutionized national and global markets. However, exploration and production still proceed under legacy regulations, mostly promulgated at the state level. The mismatch of modern production realities and historic regulatory structures creates opportunities for reducing conflicts that diminish economic value. This Article identifies regulations that originated under conventional extraction, and often enhance productivity in that setting, but create waste when applied to unconventional resources. Then, it identifies contractual solutions that have evolved as resource owners and extraction firms have adapted to new technologies. Contractual innovations help inform directions …
An Examination Of The Need For Campaign Fianance Reform Through The Lens Of The United States Treaty Clause And Environmental Protection Treaties, Jordan Smith
William & Mary Environmental Law and Policy Review
The United States’ federal election system is constantly the focus of debate, including components from voting mechanisms, to candidate selection, and to the candidates themselves. Unsurprisingly, campaign finance has also been the source of much debate. For decades, scholars, politicians, lawyers, and laypersons have debated the merits and shortcomings of the campaign finance system enumerated in the United States Code. The landmark Citizens United v. Federal Election Commission (“FEC”) decision in 2010, in which the United States Supreme Court equated corporate speech to human speech, merely added fuel to the fire. The considerable volume of scholarship based upon campaign finance …
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen
St. Mary's Law Journal
Abstract forthcoming
There Has Never Been A 'Timber War', Greg King
There Has Never Been A 'Timber War', Greg King
Humboldt Journal of Social Relations
There has never been a 'timber war' in northwestern California, but rather premeditated and ongoing attacks against the forests, and against the people who would protect them. This paper provides a historic examination of redwood logging and protection efforts since 1850.
Is The Paris Agreement Already Poised For Failure? - Discerning How Impactful The Clean Power Plan's Fate Is On The Latest Global Climate Initiative, Shawn Eric Mckenzie
Is The Paris Agreement Already Poised For Failure? - Discerning How Impactful The Clean Power Plan's Fate Is On The Latest Global Climate Initiative, Shawn Eric Mckenzie
Georgia Journal of International & Comparative Law
No abstract provided.
Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek
Climate Change Litigation And Narrative: How To Use Litigation To Tell Compelling Climate Stories, Grace Nosek
William & Mary Environmental Law and Policy Review
No abstract provided.
"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske
"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske
William & Mary Environmental Law and Policy Review
No abstract provided.
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
Incentive Compatible Climate Change Mitigation: Moving Beyond The Pledge And Review Model, Gabriel Weil
William & Mary Environmental Law and Policy Review
Climate change represents a global commons problem, where individuals, businesses, and nation-states all lack sufficient incentives to reduce their greenhouse gas emissions to levels consistent with meeting their collectively agreed upon mitigation goals. The current “pledge and review” paradigm for global climate change mitigation, which many see as a major breakthrough, relies primarily on moral pressure, reputational incentives, and global public opinion to foster cooperation on mitigation efforts over and above those driven by maximization of narrow conceptions of national interests. Given the scale of the emissions reductions required to meet stated mitigation goals, the substantial economic costs of deep …
An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger
An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger
William & Mary Environmental Law and Policy Review
No abstract provided.
It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie
It's Always Sunny In Florida: Reexamining The Role Of Energy Monopolies After Recent Solar Ballot Initiatives, Lauren Gillespie
William & Mary Environmental Law and Policy Review
No abstract provided.
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Public Land & Resources Law Review
In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …
Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy
Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy
William & Mary Environmental Law and Policy Review
No abstract provided.
Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff
Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff
William & Mary Environmental Law and Policy Review
No abstract provided.
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel
California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel
William & Mary Environmental Law and Policy Review
No abstract provided.
See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger
See You In Court: Around The World In Eight Climate Change Lawsuits, Myanna Dellinger
William & Mary Environmental Law and Policy Review
No abstract provided.
“Either Secrecy, Or Legal Monopoly”: Why We Should Choose Fracking Patents, Sarah Spencer
“Either Secrecy, Or Legal Monopoly”: Why We Should Choose Fracking Patents, Sarah Spencer
William & Mary Environmental Law and Policy Review
No abstract provided.