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Articles 1 - 25 of 25
Full-Text Articles in Law
Table Of Contents (V. 48, No. 1)
Table Of Contents (V. 48, No. 1)
William & Mary Environmental Law and Policy Review
No abstract provided.
Regulating Co2 Emissions Post-West Virginia V. Environmental Protection Agency, Rebecca J. Davis, Justin Blount
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, …
To Have And To Be: An International Human Right To Clean, Healthy, And Sustainable Environment, Deepa Badrinarayana
To Have And To Be: An International Human Right To Clean, Healthy, And Sustainable Environment, Deepa Badrinarayana
William & Mary Environmental Law and Policy Review
In July 2022, the United Nations General Assembly passed Resolution 76/300 (“the Resolution”)—affirming a human right to clean, healthy, and sustainable environment (“environmental human rights”). The Resolution essentially affirms a linkage between environmental human rights and “other rights and existing international law,” and “calls upon States, international organizations, business enterprises and other relevant stakeholders to adopt policies, to enhance international cooperation, strengthen capacity-building and continue to share good practices,” to achieve environmental human rights.
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This Article offers a glass half-full perspective on the Resolution, with the caveat that the glass could rapidly become empty unless the right is internalized …
Suffering In Search Of A Methodological Frame: Interdisciplinarity In The Context Of The Gendered Impact Of Climate Migration, Becky Jacobs
Suffering In Search Of A Methodological Frame: Interdisciplinarity In The Context Of The Gendered Impact Of Climate Migration, Becky Jacobs
William & Mary Environmental Law and Policy Review
In this essay, the author places the gendered impact of climate migration within the methodological frame of scholars such as geographers Sylvia Winters and Doreen Massey, historian Achille Mbembe, philosopher Gilles Deleuze, philosopher and psychoanalyst Félix Guattari, and anthropologist Tim Ingold. The author discusses the importance of interdisciplinarity and describes the gender-specific risks related to climate displacement before delving into theory.
Disaster Districts: Mid-Decade Redistricting In The Face Of Climate Change, J. Gray Whitsett
Disaster Districts: Mid-Decade Redistricting In The Face Of Climate Change, J. Gray Whitsett
William & Mary Environmental Law and Policy Review
This Note argues that judicial and legislative efforts to constrain redistricting should incorporate legal stopgaps to allow for mid-decade redistricting in the wake of disasters that result in significant population displacement. Part I reviews how climate change is exacerbating natural and manmade disasters and the potential for these disasters to cause population displacement, particularly in the context of urbanization. Part II provides an overview of the typical redistricting process and requirements for electoral districts. It also details the debate over mid-decade redistricting, including efforts to prevent it. Part III proposes preconditions for “emergency redistricting” that judges and legislators should consider …
Preparing For The Flood: Virginia Local Governments' Stormwater Management Liability, James E. Davidson
Preparing For The Flood: Virginia Local Governments' Stormwater Management Liability, James E. Davidson
William & Mary Environmental Law and Policy Review
This Note explains that modern interpretations of Virginia Code § 15.2-970 have made Virginia municipalities immune to tort suits arising from the negligent maintenance of stormwater systems. Due to the Virginia Supreme Court’s holdings in Livingston v. Virginia Department of Transportation and other inverse condemnation suits, localities may be found liable when their stormwater management decisions cause property damage. However, following the Court’s holding in AGCS Marine Insurance Co. v. Arlington County, which prevented inverse condemnation claims arising from municipal negligence, residents are still unlikely to find legal redress for negligent stormwater management that results in property damage. Therefore, this …
Fueling A Hydrogen Boom: Federal And State Policies For Promoting Green Hydrogen, Kayna Lantz, Luke Sower
Fueling A Hydrogen Boom: Federal And State Policies For Promoting Green Hydrogen, Kayna Lantz, Luke Sower
William & Mary Environmental Law and Policy Review
“Green” hydrogen produced from renewable energy sources could play a valuable role in the energy transition. Among other things, green hydrogen’s potential as a source of carbon-free, long-term energy storage could help the nation address the intermittency-related challenges associated with growing reliance on wind and solar power. Green hydrogen also has promise as an energy-dense fuel for industries that are difficult to electrify, such as long-haul transportation and steel and fertilizer manufacturing. Recent federal actions have provided some initial government support for green hydrogen technologies, but significant policy gaps remain. States and the federal government could do much more to …
Table Of Contents (V. 47, No. 3)
Table Of Contents (V. 47, No. 3)
William & Mary Environmental Law and Policy Review
No abstract provided.
It Takes Two: Cites, Illegal Wildlife Trade, And Importing Country Accountability, Erica Lyman
It Takes Two: Cites, Illegal Wildlife Trade, And Importing Country Accountability, Erica Lyman
William & Mary Environmental Law and Policy Review
This Article proposes that the CITES [Convention on International Trade in Endangered Species of Wild Fauna and Flora] compliance mechanism is fit-for-purpose in its design but its application is biased against source countries and ignores consumer countries both as drivers of illegal wildlife trade and as noncompliant actors. Bringing a justice-based sensibility to the application of the CITES compliance process requires a whole-of-supply-chain analysis and, drawing on the core relational foundations of the treaty, an international perspective, to identity the root causes of non-compliance that allow illegal trade to fester. Ultimately, the compliance mechanism must gel with the machinery and …
Mining And The Protection Of Aboriginal Heritage In South Australia, Alex Wawryk
Mining And The Protection Of Aboriginal Heritage In South Australia, Alex Wawryk
William & Mary Environmental Law and Policy Review
In 2020, the multinational mining company Rio Tinto destroyed 46,000-year-old Aboriginal rock paintings in Juukan Gorge, Western Australia, to national and international outrage. The incident led to an explosion of concern in Australia regarding the adequacy of domestic laws that aim to protect Aboriginal cultural heritage from the impacts of resource exploitation. This Article explains and critically analyzes the legislative and regulatory framework for the protection of Aboriginal heritage in relation to mining in South Australia. It demonstrates the complexity of the legal and regulatory regime, identifies a number of significant flaws in the key act designed to protect Aboriginal …
The Importance Of Accessible Government Data In Advancing Environmental Justice, Frank D. Lomonte, Daniel Delgado
The Importance Of Accessible Government Data In Advancing Environmental Justice, Frank D. Lomonte, Daniel Delgado
William & Mary Environmental Law and Policy Review
Part I of this Article sets forth the history and animating principles of the environmental justice movement in the United States during the 1970s, which developed as an adjunct to the larger civil rights movement. Part II then turns to the role of documents and data in exposing where toxins present a risk to public health and where documentation habitually falls short. It discusses how freedom of information laws can unlock access to the documents and data that quantify environmental hazards but also how those laws fail to produce reliable results because of the influence of regulated industries. Part III …
Foreword To International Environmentalism: A Global Approach To Global Challenges, Cameron Krause
Foreword To International Environmentalism: A Global Approach To Global Challenges, Cameron Krause
William & Mary Environmental Law and Policy Review
As the effects of climate change progress, people and governments in every country are left grappling with how to combat the consequences. Recognizing that such global challenges necessitate an international approach, this Symposium was convened to critically examine the domestic application of international law, the role of non-governmental organizations (“NGOs”), transnational ecological harms, and international environmental agreements. Articles and contributions from panelists in the Symposium contemplated the best paths forward in the face of an ever-changing international landscape.
This abstract has been taken from the author's opening paragraphs.
How Many More Brazilian Environmental Defenders Have To Perish Before We Act? President Lula's Challenge To Protect Environmental Quilombola Defenders, Sarah Dávila A.
How Many More Brazilian Environmental Defenders Have To Perish Before We Act? President Lula's Challenge To Protect Environmental Quilombola Defenders, Sarah Dávila A.
William & Mary Environmental Law and Policy Review
The Global South has been historically marginalized and continues to suffer from systemic oppression, impeding the realization of their human rights. Afro-descendants and other minority populations in the Global South live in disproportionately environmentally unsafe conditions and are disproportionately more vulnerable to climate change and environmental harm. One of those populations are Quilombolas. Quilombolas are Brazilian Afro-descendant communities who continue to fight to protect their community rights to ancestral lands, natural resources, and survival as a people. The Brazilian government under former Brazilian President Bolsonaro engaged in a persistent and systematic campaign to target, attack, and kill defenders, including Quilombola …
Litigation To Protect The Marine Environment: Parallels And Synergies With Climate Litigation, Randall S. Abate, Nadine Nadow, Hayley-Bo Dorrian-Bak
Litigation To Protect The Marine Environment: Parallels And Synergies With Climate Litigation, Randall S. Abate, Nadine Nadow, Hayley-Bo Dorrian-Bak
William & Mary Environmental Law and Policy Review
The world’s oceans are in crisis. Climate change impacts, biodiversity loss, plastic pollution, fisheries collapse, impacts to marine mammals, and vessel-based pollution are among the many threats the marine environment faces today. Fish biomass is predicted to drop by 3% to 25% by the end of the century due to climate change. Worse still, the amount of plastic in the world’s aquatic ecosystems is on track to hit 23 to 37 million tons per year by 2040.
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This Article reviews recent successes and obstacles in using litigation as a tool to address these concerns across several contexts in the …
Environmental Assessment In A Time Of Rapid Change And High Uncertainty: The Addition Of Resilience Assessment To Nepa, Bronson J. Pace, Barbara A. Cosens
Environmental Assessment In A Time Of Rapid Change And High Uncertainty: The Addition Of Resilience Assessment To Nepa, Bronson J. Pace, Barbara A. Cosens
William & Mary Environmental Law and Policy Review
This Article turns to ecological resilience theory to understand the behavior of SES [socioecological system] undergoing change. Informed by the emergent and surprising behavior of these complex systems, this Article argues for the option of resilience assessment under NEPA [National Environmental Policy Act] for use in application to climate adaptation measures in the United States. The amendment also provides an alternative approach to pre-project judicial review to ensure legitimacy within a more flexible process.
To this end, Part I addresses why an alternative approach to environmental assessment is needed in the context of climate adaptation by providing an overview of …
The Need For Additional Landslide Regulation: Examining Flooding Through A Case Study, Kristen Gartner
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 …
Disclosing Esg Matters: Advancing Nonfinancial Policy Through The Sec, Anna Bailey
Disclosing Esg Matters: Advancing Nonfinancial Policy Through The Sec, Anna Bailey
William & Mary Environmental Law and Policy Review
This Note argues that mandatory ESG [environmental, social, and governance] disclosure would be a valuable step in the larger fight against the deleterious effects of climate change. First, standardized disclosure would provide investors a better understanding of the climate risks associated with their investments by increasing the quality of that information supplied. This standardization would be a valuable driver in corporate behavior because mandated disclosure tends to result in shifts in corporate behavior. Previous examples of disclosure for nonfinancial risks, such as disclosure relating to state sponsors of terrorism and use of conflict minerals, illuminate how mandating ESG disclosure will …
Table Of Contents (V. 47, No. 2)
Table Of Contents (V. 47, No. 2)
William & Mary Environmental Law and Policy Review
No abstract provided.
Separating Litigation: How Seps Demonstrate The Need For Centralized Environmental Civil Litigation, Jon Paul Suttile
Separating Litigation: How Seps Demonstrate The Need For Centralized Environmental Civil Litigation, Jon Paul Suttile
William & Mary Environmental Law and Policy Review
This Note will proceed in four parts to examine why enabling EPA [Environmental Protection Agency] litigation autonomy over reestablishing the EPA as a traditional independent agency is a better way of achieving uniform enforcement of environmental policy and regulations. Part I will address the history of independent agencies. Part II will briefly overview the arguments for and against independent agencies and discuss how Supreme Court precedent affects independent agency status. Part III will focus on whether the EPA would benefit from independent agency status. Lastly, Part IV will focus on the use of Supplemental Environmental Projects (“SEPs”) in settlement agreements …
The African Century: Renewable Energy Opportunities In Sub-Saharan Africa, Joshua Mackinnon
The African Century: Renewable Energy Opportunities In Sub-Saharan Africa, Joshua Mackinnon
William & Mary Environmental Law and Policy Review
Even if the world’s developed nations are able to curb their carbon emissions in the coming years, major hurdles will still exist. One such hurdle is fulfilling energy needs in urbanizing areas, like sub-Saharan Africa. Many global regions are urbanizing but none as rapidly as sub- Saharan Africa. The global share of Africa’s urban residents is expected to grow from 11.3% in 2010 to 20.2% by 2050.
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While sub-Saharan African countries have peculiar social and economic characteristics, there are common elements that allow this Note to focus on the region as a whole. This general approach can be adjusted …
Sargassum Systems: A Comparative Analysis Of Policy Responses To The New Caribbean Seaweed Crisis, Leo Jobsis Rossignol
Sargassum Systems: A Comparative Analysis Of Policy Responses To The New Caribbean Seaweed Crisis, Leo Jobsis Rossignol
William & Mary Environmental Law and Policy Review
In light of the emerging policy responses to the Caribbean Sargassum crisis, it is crucial that in-depth comparative studies be taken to understand the effectiveness of those policies and their common characteristics. With that resource, policymakers will be able to learn from their neighbors more quickly and reduce the damage done by future Sargassum events, as well as adopt more unified data standards.
The United States has been slow to respond, despite the increasing damage to its Caribbean dependencies, like the U.S. Virgin Islands and Puerto Rico. This Note will show that because this problem is international in scope, the …
America's (Second) Best Idea: A Proposal For A Major Expansion Of The National Park System, Claire Gaposchkin
America's (Second) Best Idea: A Proposal For A Major Expansion Of The National Park System, Claire Gaposchkin
William & Mary Environmental Law and Policy Review
This Note will argue for a major expansion of the National Park Service and provide a framework for the implementation of such an expansion. Part I provides an overview of the National Park Service’s holdings and fundamental purpose and discusses how overcrowding negatively affects visitors, the resource, and the NPS mission, and argues for a stricter enforcement of the “impairment standard.” Part II outlines the way in which Congress and the president can create national parks. Part III proposes a major expansion of the national parks—both the expansion of existing park units and the creation of new ones—as the solution …
The Tide's Coming In: A New Case For Beachfront Property Rights In South Carolina, Alex Boone
The Tide's Coming In: A New Case For Beachfront Property Rights In South Carolina, Alex Boone
William & Mary Environmental Law and Policy Review
Part I of this Note explores the scientific data as it relates to the impending consequences of climate change on South Carolina’s coast and will introduce the disastrous scenarios that are predicted to arise as a result of rising sea levels and the accelerating strength and severity of extreme weather events. Part II compares the effectiveness of various coastal resiliency tools and highlights the regulatory framework that prohibits their use by beachfront property owners. Part III explores the topic of regulatory takings and their indirect prophylactic nature of protecting citizens from regulatory overreach and offers a case for a South …
Completing Streets: Improving America's "Complete Streets", William J. Zurborg
Completing Streets: Improving America's "Complete Streets", William J. Zurborg
William & Mary Environmental Law and Policy Review
Part I of this Note discusses the history of city planning in the United States, starting in the early twentieth century, as well as the rise of auto-centric cities. Part II examines how states and local governments across the United States are adopting policies called Complete Streets initiatives in order to create safer streets that accommodate pedestrians, cyclists, and public transportation users, as well as cars. Finally, Part III discusses the shortcomings of Complete Streets policies and argues that unless broader measures are taken to address failures in city and road design from a systems perspective, Complete Streets initiatives cannot …
A State Within A State: Re-Examining The Federal Lands Question And Its Effect On State Sovereignty, David Wilde
A State Within A State: Re-Examining The Federal Lands Question And Its Effect On State Sovereignty, David Wilde
William & Mary Environmental Law and Policy Review
Though the path of the public lands debate is well-trodden, this Note will seek to answer the question in novel ways. First, it uses the Corpus of Founding Era American English to perform an objective linguistic analysis of the phrase “dispose of” in the Property Clause. Through this analysis, it appears that an ordinary person at the time the Constitution was adopted would most likely have read the phrase “dispose of” in the Property Clause to mean sell, give away, bestow, or put into another’s hand or power.
Next, this Note investigates the historical and philosophical understandings of state sovereignty …