Environmental Law Commons^™

See Repose Run: Setting The Boundaries Of The Rule Of Repose In Environmental Trespass And Nuisance Cases, Jill E. Evans

William & Mary Environmental Law and Policy Review

Application of the rule of repose to environmental contamination claims for trespass and nuisance will preclude recovery for plaintiffs who discover the harm or injury outside the repose period. The rule of repose is subject neither to the discovery rule or other equitable tolling devices and runs from the date of the defendant’s culpable conduct. As a consequence, the rule extinguishes claims regardless of accrual of the cause of action. Environmental plaintiffs suffering property damage are particularly vulnerable to the repose bar as harm can occur over many years through the migration of unseen contaminants. Operation of the rule of …

Tick Toxic: The Failure To Clean Up Tsca Poisons Public Health And Threatens Chemical Innovation, Kristen Ekey

William & Mary Environmental Law and Policy Review

No abstract provided.

"Soaring" Gas Prices: Policy Considerations For The European Union Emissions Trading System And Aviation, Kaylin Gaal

William & Mary Environmental Law and Policy Review

No abstract provided.

Mandatory Settlements In Cercla Enforcement: Fixing A Broken System By Removing The Courts, Brian Carrico

William & Mary Environmental Law and Policy Review

No abstract provided.

Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith

William & Mary Environmental Law and Policy Review

No abstract provided.

The Difficult Problem Of Nonpoint Nutrient Pollution: Could The Endangered Species Act Offer Some Relief?, Zdravka Tzankova

William & Mary Environmental Law and Policy Review

Nutrient pollution of rivers, streams, lakes, and estuaries is one of the preeminent water quality issues in the United States today, and poses a significant threat to the health of aquatic ecosystems. Agricultural nonpoint discharges, the runoff of nitrogen and phosphorous from animal manure and chemical fertilizers, are the primary sources of such nutrient pollution.

A pervasive and long-standing problem, nonpoint pollution, nutrient and otherwise, has proven to be one of the toughest challenges in contemporary environmental regulation. This situation is significantly attributable to the political and administrative dynamics of fragmented regulatory authority. The power to control such nonpoint discharges …

Immigration Reform's Unintended Consequence: Providing Greater Justification For Border Patrol To Waive Environmental Compliance At The U.S.-Mexico Border, Deena Mueller

William & Mary Environmental Law and Policy Review

No abstract provided.

Countering Single-Use Bag Consumption With State Legislation: The Old Dominion Considers A New Trend, Gary D. Godman

William & Mary Environmental Law and Policy Review

No abstract provided.

New Corporate Forms And Green Business, Antony Page

William & Mary Environmental Law and Policy Review

You want to start a business: not just an ordinary business, producing ordinary social benefit, but a dual-mission business that will both make a profit and benefit the environment. This green business, you expect, will sometimes face trade-offs between the missions, in the sense that sometimes owners’ wealth and profit will have to be sacrificed to pursue environmental benefits. You’re optimistic, in that you hope the business will find outside investors and will scale up easily. Moreover, you don’t want to lie or even dissemble about your motives or about the business’s actions. You want to be both authentic and …

Corporate Social Responsibility And Conservation: The Preservation Of Ecology And Culture To Sustain The Sea Islands, Kamille Wolff Dean

William & Mary Environmental Law and Policy Review

This Article posits that corporate real estate development of coastal property can coexist with conservation strategies to preserve the ecological and cultural integrity of the barrier islands along the southeastern seaboard. Reformed corporate land use techniques that reflect prudent and sustainable master-planned communities may result in manageable natural and cultural resource preservation. The Introduction defines the historical, cultural, and ecological significance of the Sea Islands, an archipelago stretching from the Carolinas to Florida. Part I presents a series of corporate real estate redevelopment projects on the Sea Islands for analysis. Part II sets forth viable solutions for the implementation of …

Beyond Solyndra: Examining The Department Of Energy's Loan Guarantee Program, Hilary Kao

William & Mary Environmental Law and Policy Review

In the year following the Fukushima nuclear disaster in March 2011, the renewable and clean energy industries faced significant turmoil— from natural disasters, to political maelstroms, from the Great Recession, to U.S. debt ceiling debates. The Department of Energy’s Loan Guarantee Program (“DOE LGP”), often a target since before it ever received a dollar of appropriations, has been both blamed and defended in the wake of the bankruptcy filing of Solyndra, a California-based solar panel manufacturer, in September 2011, because of the $535 million loan guarantee made to it by the Department of Energy (“DOE”) in 2009. Critics have suggested …

Food Ordinances: Encouraging Eating Local, Mia Shirley

William & Mary Environmental Law and Policy Review

No abstract provided.

Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button

William & Mary Environmental Law and Policy Review

No abstract provided.

Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp

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.

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 …

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

William & Mary Environmental Law and Policy Review

No abstract provided.

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.

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

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.

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.

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.

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 …

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 …

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.

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.

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.

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

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.