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Full-Text Articles in Law
From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick
From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick
William & Mary Environmental Law and Policy Review
This Note offers a perspective on nationwide injunctions informed by a selection of environmental cases from roughly the last two decades. In doing so, it attempts to draw broader conclusions about when, if ever, federal courts should prohibit the enforcement of environmental policies nationwide. This Note proceeds as follows: Part I defines “nationwide injunction,” discusses the recent history of nationwide injunctions against the federal executive branch, and describes the absence of a clear legal standard governing nationwide relief. Part II examines six environmental cases in which plaintiffs have sought, or federal courts have ordered, nationwide relief. Part III suggests that, …
Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone
Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone
William & Mary Environmental Law and Policy Review
This Note will argue that diagonal federalism—a model of governance in which states partner with one another and local governments to pursue shared policy goals—is an ideal response to inconsistent climate change mitigation policy by the Federal Government. Part I provides an overview of the foundations of American environmental policy, how that policy is predicated on federal-state partnership, and the historical precedent for state-led action on climate change mitigation policy. Part II discusses how and why federal environmental policy, and by extension, federal climate change mitigation policy, has been so inconsistent. Part III illustrates how collaboration between the Federal Government …
Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith
Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith
Seattle Journal of Technology, Environmental & Innovation Law
International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …
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 …
The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen
The Environment And Nafta Policy Debate Redux: Separating Rhetoric From Reality, Linda J. Allen
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.
Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano
Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano
William & Mary Environmental Law and Policy Review
No abstract provided.
Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman
Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman
William & Mary Environmental Law and Policy Review
No abstract provided.
A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne
A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne
William & Mary Environmental Law and Policy Review
Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews …
European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik
European Community Law And Institutions In Perspective: Text, Cases And Readings, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Iron Triangles: The Roadless Rule To Nowhere—And What Can Be Done To Free The Forest Service's Rulemaking Process, Christopher Cumings
Judicial Iron Triangles: The Roadless Rule To Nowhere—And What Can Be Done To Free The Forest Service's Rulemaking Process, Christopher Cumings
Oklahoma Law Review
No abstract provided.