Law Commons^™

Regulating Co2 Emissions Post-West Virginia V. Environmental Protection Agency, Rebecca J. Davis, Justin Blount

William & Mary Environmental Law and Policy Review

In West Virginia v. Environmental Protection Agency, the Supreme Court expressly adopted the major questions doctrine and used it to invalidate the Clean Power Plan, a rule intended to reduce carbon dioxide emissions from power plants. This opinion has been controversial and has left many commentators concerned that it may hamper the ability of administrative agencies to aggressively and flexibly regulate.

This Article analyzes this opinion and the impact it may have on ongoing efforts to regulate carbon dioxide emissions at the federal level. It then examines economic theory underpinning environmental regulation, developing technologies to reduce carbon dioxide emissions, …

The Need For Additional Landslide Regulation: Examining Flooding Through A Case Study, Kristen Gartner

William & Mary Environmental Law and Policy Review

Natural disasters are increasing at an alarming rate. As of this writing, the top five deadliest disasters occurred after 1970, and the top five most economically devastating occurred in the years since 2005, with three of them occurring in 2017. These increasing storms are exacerbated by the worsening of climate change and global warming. The problem will continue to increase if federal and state governments fail to properly regulate and prepare for these natural disasters. This Note will specifically discuss the regulation and prevention of landslides by comparing them to the regulation of flooding. Other examples of natural disaster regulation …

Regulatory Impact Analyses Of Environmental Justice Effects, Spencer Banzhaf

ECON Publications

Recently, the US EPA has pledged to incorporate environmental justice considerations "into the fabric" of its rulemaking procedures. But finding an appropriate way to incorporate environmental justice considerations into policy-making has been a procedural challenge since President Clinton issued Executive Order 12898 over 15 years ago. In particular, environmental justice concerns tend to be overshadowed by efficiency considerations as embodied in benefit-cost analysis. Yet at the same time, both Presidents Obama and Clinton have issued orders to incorporate distributional and equity considerations into benefit-cost analysis, as well as the standard efficiency considerations.

This article argues that the environmental justice and …

Slides: Integrated Policy, Planning, And Management Of Water Resources, Robert Wilkinson

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Robert Wilkinson, Ph.D., Director of the Water Policy Program, Donald Bren School of Environmental Science and Management, University of California-- Santa Barbara

60 slides

The Failure Of Federal Land Planning, Steven P. Quarles

The National Forest Management Act in a Changing Society, 1976-1996: How Well Has It Worked in the Past 20 Years?: Will It Work in the 21st Century? (September 16-18)

26 pages.

Water Rights And The Commonwealth, Eric T. Freyfogle

Sustainable Use of the West's Water (Summer Conference, June 12-14)

20 pages.

The Perils Of Unreasonable Risk: Information, Regulatory Policy, And Toxic Substances Control, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Legal Devices For Enhancing Water Diversion Opportunities Within The Appropriation System, David C. Hallford

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

28 pages.

Water Development And Acquisition For A Municipal Supply, Tom Griswold

Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)

18 pages.