Law Commons^™

Southern Harm: Analyzing The Criminal Enforcement Of Environmental Law In The Southern United States, 1983-2019, Joshua Ozymy, Melissa L. Jarrell

William & Mary Environmental Law and Policy Review

When violations of environmental laws involve significant harm or culpable conduct, the application of criminal enforcement tools is required. Yet, our understanding of how environmental laws have been criminally enforced historically in the Southern United States remains poor. Our goal is to analyze historical charging and sentencing patterns and show the broader themes that emerge in environmental crime prosecutions over time in the region. Through content analysis of all 2,588 criminal prosecutions resulting from U.S. EPA criminal investigations, 1983–2019, we select all 799 prosecutions occurring in the Southern United States. Results show that 44% of prosecutions focus on water pollution, …

Breaking Up With Dillion: A Practical Call For Virginia State & Local Government Law Reform, Karly Newcomb

William & Mary Environmental Law and Policy Review

States’ long-standing allegiance to the Dillon Rule stems from the theory that it prevents localities from passing unequal and corrupt laws. However, states with strict adherence to the Dillon Rule have stifled localities from addressing their own issues and priorities. Though the debates surrounding the Dillon Rule’s strengths and weaknesses have existed since its inception, the burdensome effects on a locality’s ability to serve and protect its citizens are constantly evolving. In particular, localities in Dillon Rule states have been unable to enact laws that directly address environmental issues, citing the Dillon Rule as their main obstacle.

Although lobbying Virginia …

Navigating The Blue Economy, Edward Canuel

William & Mary Environmental Law and Policy Review

The time has come, the Walrus said,

To talk of many things:

Of shoes—and ships—and sealing-wax—

Of cabbages—and kings—

And why the sea is boiling hot—

And whether pigs have wings.

And like the conversation of the Walrus and Carpenter walking along the “wet as wet could be” sea, the blue economy offers us the opportunity to talk of many things. Part I of this Article analyzes what the blue economy is and its relevance. Governance mechanisms, including ecosystem-based management and marine spatial planning are introduced and reviewed. The section discusses the benefits associated with such mechanisms, including streamlined decision-making, …