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Articles 1 - 22 of 22
Full-Text Articles in Law
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
Why Environmental Laws Fail, Jan G. Laitos, Lauren Joseph Wolongevicz
William & Mary Environmental Law and Policy Review
Although governments have deployed an array of environmental protection laws, our planet continues to experience unprecedented environmental “crises,” including climate change, resource depletion, species extinction, ecosystem damage, and toxic air-water-land pollution. Despite universal acknowledgment and recognition of these serious environmental issues, and despite a growing list of laws designed to address these issues, the reality is that these adverse Earth-based environmental changes continue, and may even be worsening. Environmental protection laws have often failed because they usually include certain problematic characteristics: they are anthropocentric, in that their goal is to protect and benefit humans, not the environment in which humans …
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose
Compulsory Water Fluoridation: Justifiable Public Health Benefit Or Human Experimental Research Without Informed Consent?, Rita Barnett-Rose
William & Mary Environmental Law and Policy Review
No abstract provided.
Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick
Orchestrating Under Uncertainty: The Organization Of Sustainable Development At The United Nations, Philip A. Sandick
William & Mary Environmental Law and Policy Review
No abstract provided.
Rethinking Ddt: The Misguided Goals Of The Stockholm Convention On Persistent Organic Pollutants And A Plan To Fight Malaria Worldwide, Eva Zelson
William & Mary Environmental Law and Policy Review
No abstract provided.
There May Not Always Be More Fish In The Sea: Why Noaa’S Restrictions Do Not Violate The Magnuson-Stevens Act, Lindsey Nicolai
There May Not Always Be More Fish In The Sea: Why Noaa’S Restrictions Do Not Violate The Magnuson-Stevens Act, Lindsey Nicolai
William & Mary Environmental Law and Policy Review
No abstract provided.
Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark
William & Mary Environmental Law and Policy Review
No abstract provided.
The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent
The Global Cost Of Green: Recent Trade Issues And Litigation Between The United States And China May Dissolve Global Green Cooperation, David P. Vincent
William & Mary Environmental Law and Policy Review
This Article begins by looking at how China has moved forward in embracing green technology development, the government’s role in that growth and whether its support is truly harmful on a global scale. It highlights key laws in the United States and the WTO involving trade—specifically subsidies, countervailing duties and anti-dumping regulations. An examination of recent trade cases involving the United States and China is followed by an analysis of America’s recent trade-oriented actions and legislation. Lastly, this Article will consider the legal implications of recent trade developments between these countries as well as policy implications, including the effect on …
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
William & Mary Environmental Law and Policy Review
No abstract provided.
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson
William & Mary Environmental Law and Policy Review
Booming production of oil and gas from shale enabled by hydraulic fracturing technology has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Studies of how policy can best react to these challenges and how it can balance risk and reward have focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important—and in some senses predominant—role. Changes to that system, including burden-shifting rules …
Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter
William & Mary Environmental Law and Policy Review
This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that while the …
Major League Baseball And The Green Revolution: A Market-Based Approach To Maintaining Competitive Balance In The Face Of Environmental Regulations, John Loughney
William & Mary Environmental Law and Policy Review
No abstract provided.
Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner
Sensible Bytes: States Need A New Approach To Justify Their Recruitment Of Internet Data Centers, Michael F. Kaestner
William & Mary Environmental Law and Policy Review
No abstract provided.
Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach
Local Land Trusts: A Comparative Analysis In Search Of An Improved Template For Land Trusts, Meagan Roach
William & Mary Environmental Law and Policy Review
No abstract provided.
Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah
Missed Opportunity: Excluding Carbon Emissions Markets From Comprehensive Oversight, Leo Mensah
William & Mary Environmental Law and Policy Review
No abstract provided.
Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam
Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam
William & Mary Environmental Law and Policy Review
This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive to …
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
William & Mary Environmental Law and Policy Review
No abstract provided.
Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones
Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones
William & Mary Environmental Law and Policy Review
This Article will first provide an overview of how restoration developed in the Bay in order to provide a regional context for the Lynnhaven River “total maximum daily load[s]” or TMDL. The Article will then explain the 2011 Chesapeake Bay TMDL and how it potentially foreshadows “next generation” cooperative federalism and watershed restoration because it is generating increased engagement from local government, private citizens, and non-profit restoration efforts. This Article will then tighten its focus to the Lynnhaven River, a local tributary within the Chesapeake Bay watershed, and will examine the local government’s success in implementing measures to meet a …
Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?, Sophie Riley
Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?, Sophie Riley
William & Mary Environmental Law and Policy Review
This Article collects and analyzes information available from the Convention on Biological Diversity National Reports to consider what members themselves have identified as their regulatory strengths and weaknesses. Against this backdrop, the Article evaluates the effectiveness of international environmental law in guiding domestic regimes, highlighting that where international law is imprecise or inconsistent, it can hinder the development of successful State practice.
How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson
How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson
William & Mary Environmental Law and Policy Review
No abstract provided.
Establishing A Floor: Minimum Remediation Requirements For Meth Labs, Chelsea Bobo
Establishing A Floor: Minimum Remediation Requirements For Meth Labs, Chelsea Bobo
William & Mary Environmental Law and Policy Review
No abstract provided.
Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane
Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane
William & Mary Environmental Law and Policy Review
Current approaches to discounting in climate policy present a seemingly intractable problem. While it is widely recognized that choice of discount rate in climate models can easily dwarf the effect of other parameter inputs, there is at present a very wide disagreement, both in law and in economics, about the appropriate discount rate to use. This Paper provides a framework for achieving a workable consensus range for acceptable discount rates in climate models. It does so by emphasizing three factors previously ignored in the literature. First, it demonstrates that the choice of discount rate should be tailored to the type …
A Statute Stripped Of Its Sting: Colony Collapse Disorder And The Epa's "Imminent Hazard", Tobias Eisenlohr
A Statute Stripped Of Its Sting: Colony Collapse Disorder And The Epa's "Imminent Hazard", Tobias Eisenlohr
William & Mary Environmental Law and Policy Review
No abstract provided.