Environmental Law Commons^™

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 …

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.

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.

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.

The Bp Deepwater Horizon: A Cautionary Tale For Ccs, Hydrofracking, Geoengineering And Other Emerging Technologies With Environmental And Human Health Risks, Mark A. Latham

William & Mary Environmental Law and Policy Review

This Article first discusses the technological issues surrounding the BP Deepwater Horizon and summarizes how regulator and industry reliance on an inadequate fail-safe device played a crucial role in this disaster. Next, I discuss the fundamentals of carbon capture and sequestration, hydraulic fracturing, and geoengineering; that is, I attempt to capture what they involve, followed by the environmental and human health risks they present. I then summarize the current or proposed regulation of these technologies and analyze whether those regulations are sufficient to adequately protect human health and the environment. I conclude with recommendations for policymakers and regulators to consider …

Too Big To Obey: Why Bp Should Be Debarred, Rena Steinzor, Anne Havemann

William & Mary Environmental Law and Policy Review

No abstract provided.

Evolving Law And Policy For Freshwater Ecosystem Service Markets, Martin W. Doyle, Todd Bendor

William & Mary Environmental Law and Policy Review

No abstract provided.

Choosing A Better Path: The Misguided Appeal Of Increased Criminal Liability After Deepwater Horizon, Joshua Fershee

William & Mary Environmental Law and Policy Review

No abstract provided.

Breaking The Transsubstantive Pleading Mold: Public Interest Environmental Litigation After Ashcroft V. Iqbal, Scott Foster

William & Mary Environmental Law and Policy Review

No abstract provided.

Fourth Generation Environmental Law: Integrationist And Multimodal, Craig Anthony Arnold

William & Mary Environmental Law and Policy Review

Institutional arrangements to protect the environment, manage natural resources, or regulate other aspects of society and the environment are not merely matters of optimal institutional design or choice. These arrangements result, at least in substantial part, from the evolution of interconnected social, legal, and ecological systems that are complex, dynamic, and adaptive. This Article makes the case that environmental law is evolving to become more integrationist and multimodal: using multiple modes and methods of environmental protection, often across multiple scales, but in integrated ways. Integrated multimodality is a feature of much of social life. Building on generational analyses of environmental …

Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva

William & Mary Environmental Law and Policy Review

No abstract provided.

Decreasing Dirty Dumping? A Reevaluation Of Toxic Waste Colonialism And The Global Management Of Transboundary Hazardous Waste, Laura A. Pratt

William & Mary Environmental Law and Policy Review

Even though the phrase “toxic waste colonialism” has fallen out
of usage in the past ten years, the effective global management of transboundary
hazardous waste has yet to become an out-of-date topic. Starting
in the early 1980s, the international community sought to develop international
agreements governing the transboundary movement of hazardous
waste in order to protect developing countries from illegal “dirty dumping”
practices. Over twenty years have passed since the adoption of the Basel
Convention formed the foundation for other subsequent global protocols.
However, the ever-increasing global quantities of hazardous waste, including
the growing electronic waste issue, only exacerbate the …

How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler

William & Mary Environmental Law and Policy Review

The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …

Hampton And Nasa's Refuse Fired Steam Plant, Albert Barker

William & Mary Environmental Law and Policy Review

No abstract provided.

Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels

William & Mary Environmental Law and Policy Review

No abstract provided.

Mitigation Banking: Is State Assumption Of Permitting Authority More Effective, Adrienne M. Sakyi

William & Mary Environmental Law and Policy Review

No abstract provided.

Priceline For Pollution: Auctions To Allocate Public Pollution Control Dollars, Robert W. Adler

William & Mary Environmental Law and Policy Review

No abstract provided.

Electric Power In A Carbon Constrained World, Arnold W. Reitze Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Pc Pets For A Price: Combating Online And Traditional Wildlife Crime Through International Harmonization And Authoritative Policies, Jessica B. Izzo

William & Mary Environmental Law and Policy Review

No abstract provided.

Compliance With International Environmental Regimes: Chinese Lessons, Roda Mushkat

William & Mary Environmental Law and Policy Review

The global ecosystem continues to display signs of strain because of a policy of inadequate responses that are not entirely commensurate with the challenge and a substantial gap between prescribed and actual behavior within and across State boundaries. Weak adherence to international environmental law, one of the factors contributing to the disparity between normative expectations and observed outcomes, has been explored extensively by legal researchers. Some of the insights that have been generated may be fruitfully examined in light of the problematic Chinese experience on the ecological front.

Climate Change Consensus: Emerging International Law, Elizabeth Burleson

William & Mary Environmental Law and Policy Review

No abstract provided.

Who Should Regulate? Federalism And Conflict In Regulation Of Green Buildings, Shari Shapiro

William & Mary Environmental Law and Policy Review

No abstract provided.

Should Owners And Developers Of Low-Performance Buildings Pay Impact Or Mitigation Fees To Finance Green Building Incentive Programs And Other Sustainable Development Initiatives?, Carl J. Circo

William & Mary Environmental Law and Policy Review

No abstract provided.

Green Building Red-Lighted By Homeowners' Associations, Mark A. Pike

William & Mary Environmental Law and Policy Review

No abstract provided.

National Park Law In The U.S.: Conservation, Conflict, And Centennial Values, Denise E. Antolini

William & Mary Environmental Law and Policy Review

No abstract provided.

The International Whaling Commission And The Elusive Great White Whale Of Preservationism, Gerry J. Nagtzaam

William & Mary Environmental Law and Policy Review

No abstract provided.

Bridging The Black-Green-White Divide: The Impact Of Diversity In Environmental Nonprofit Organizations, Faith R. Rivers

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.

Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate

William & Mary Environmental Law and Policy Review

No abstract provided.