Law Commons^™

A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert

William & Mary Environmental Law and Policy Review

No abstract provided.

Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske

William & Mary Environmental Law and Policy Review

No abstract provided.

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland

William & Mary Environmental Law and Policy Review

No abstract provided.

Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald

William & Mary Environmental Law and Policy Review

No abstract provided.

Have We All Gone Batty? The Need For A Better Balance Between The Conservation Of Protected Species And The Development Of Clean Renewable Energy, Laura Householder

William & Mary Environmental Law and Policy Review

No abstract provided.

At The Crossroads: Balancing Public Education And Wildlife Protection, Christopher Jackson

William & Mary Environmental Law and Policy Review

No abstract provided.

Climate Change And Public Nuisance Law: Aep V. Connecticut And Its Implications For State Common Law Actions, Jeffrey N. Stedman

William & Mary Environmental Law and Policy Review

No abstract provided.

Local Promise For Climate Mitigation: An Empirical Assessment, Uma Outka, Richard Feiock

William & Mary Environmental Law and Policy Review

This interdisciplinary work contributes empirical grounding to the growing literature in law and public policy on local governments and climate mitigation. Much of the recent scholarship presents an optimistic view of the potential in local climate action. Here, we refine the optimism for local governments’ impact with new performance data that probes local progress and capacity for climate governance. Our analysis—based on a new study measuring policy choice, implementation, and influences— reevaluates a number of assumptions undergirding this scholarship and provides direction for targeted investment and research.

The Andean Electricity Market: A Competition Law Analysis, Mateo Ferrero

William & Mary Environmental Law and Policy Review

The countries of the Andean Community (Bolivia, Colombia, Ecuador, and Peru) have great potential to produce clean and reliable energy. However, this potential has only been exploited to a limited extent. Network industries, such as the electricity sector, have special features that create unique challenges for both developed and developing countries seeking to adequately manage this important part of the economy. Although the member countries of the Andean Community have substantially reformed their energy industries in the past decades, this sector still requires further competition. So far, most of the efforts undertaken by these countries have neglected the possibility of …

Climate Change, Environmental Degradation, And Migration: A Complex Nexus, Mostafa Mahmud Naser

William & Mary Environmental Law and Policy Review

The individual or combined effects of climate change are likely to trigger mass human movement both within and across international borders. The United Nations High Commissioner for Refugees (“UNHCR”) predicts that between 50 and 200 million people may be displaced by 2050. Thus, the human impact on the environment is creating a new kind of global casualty for the twenty-first century—an emergent class of environmental migrants. The exact number of individuals cannot be predicted as scholars and international agencies provide varying statistics depending on underlying methods, scenarios, time frames, and assumptions. Many authors challenge the concept of climate change as …

Gray Wolf Rising: Why The Clash Over Wolf Management In The Northern Rockies Calls For Congressional Action To Define "Recovery" Under The Endangered Species Act, W. Ryan Stephens

William & Mary Environmental Law and Policy Review

No abstract provided.

Mining Megaliths In The Argentine Andes: Where Will Victims Of Environmental Degradation Find Justice?, Catherine M. Wilmarth

William & Mary Environmental Law and Policy Review

No abstract provided.

Private Policing Of Environmental Performance: Does It Further Public Goals?, Sarah L. Stafford

Faculty Publications

Over the past two decades the role of private parties in the policing of environmental regulation has grown dramatically. In some cases the Environmental Protection Agency (EPA) has led this effort. In other situations, private parties have provided the impetus for new policing activities that are conducted independently from the EPA. Private policing can be beneficial when the increased involvement of the private sector either decreases the costs of achieving a particular level of environmental performance or increases environmental performance in a cost-effective manner. Private parties, however, could also divert regulated entities away from regulatory objectives. This Article explores the …

Revisiting The Impact Of Judicial Review On Agency Rulemakings: An Empirical Investigation, Wendy Wagner

William & Mary Law Review

It is generally believed that the judicial review of agency rulemakings helps protect the public interest against industry capture. Yet very little empirical research has been done to assess the accuracy of this conventional wisdom. This Study examines the entire set of air toxic emission regulations promulgated by the Environmental Protection Agency (EPA), with particular attention to those rules appealed to judgment in the court of appeals, and discovers significant disconnects between popular understanding of judicial review and rulemaking reality. Of these air toxic rules (N=90), the courts were summoned to review only a small fraction (8%), despite evidence that …

Exporting Waste: Regulations Of The Export Of Hazardous Wastes From The United States, Jeffrey M. Gaba

William & Mary Environmental Law and Policy Review

No abstract provided.

Making Soft Infrastructures A Reality In New York City: Incorporating Unconventional Storm Defense Systems As Sea Levels Rise, Lauren Coleman

William & Mary Environmental Law and Policy Review

No abstract provided.

Mitigating Global Climate Change: Designing A Dynamic Convention To Combat A Dynamic Risk, Phillip M. Kannan

William & Mary Environmental Law and Policy Review

No abstract provided.

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.

Legal And Regulatory Impediments To Vehicle-To-Grid Aggregation, Matthew Hutton, Thomas Hutton

William & Mary Environmental Law and Policy Review

This article begins by defining the “vehicle-to-grid” concept for a legal readership, and places it in context by discussing some major problems facing the United States electrical grid. There are several ways in which the vehicle-to-grid concept may potentially mitigate the grid’s problems as are described. Then, the article discusses the major legal and regulatory impediments to implementing a vehicle-to-grid program. Several of the hurdles are simply manifestations of uncertainties in the business environment. Others are more properly legal and regulatory impediments, but are expected to be surmountable. Therefore, the Article concludes that legal and regulatory impediments will not likely …

Nepa And The "Beneficial Impact" Eis, Shaun A. Goho

William & Mary Environmental Law and Policy Review

The National Environmental Policy Act (“NEPA”) requires that federal agencies prepare an environmental impact statement (“EIS”) for any major federal action “significantly affecting the quality of the human environment.” Some courts—in dicta—and some commentators have suggested that agencies must prepare an EIS for actions that will have significant beneficial impacts on the environment but no significant adverse impacts. In a recent case, the Ninth Circuit declined to address this question, but suggested that there was a circuit split on the issue.

In this Article, I argue that agencies do not need to prepare such a “Beneficial Impact” EIS. First, there …

Human Security And Military Preparedness, Linda A. Malone

Faculty Publications

No abstract provided.