Environmental Law Commons^™

Tourism Business Resilience For Coastal Virginia Assessment Report, Lindsay Usher, Michelle Covi, Juita-Elena Yusuf, Kaitlin Giles, Elizabeth Armistead Andrews, Angela King, Sashenka Brauer, Rebecca Ribley

Virginia Coastal Policy Center

This report summarizes the results of the Tourism Business Resilience Project conducted by the Commonwealth Center for Recurrent Flooding Resiliency and Virginia Sea Grant. This project was a joint effort by faculty and students from the Old Dominion University Resilience Collaborative and the Virginia Coastal Policy Center at the William & Mary Law School.

Agriculture, Water Pollution, And The Future Of Epa’S Regulatory Authority In A Post-American Farm Bureau Federation V. U.S. Epa America, Henry Brudney

Seattle Journal of Environmental Law

Until the recent decision of American Farm Bureau Federation v. U.S. EPA, the EPA’s total maximum daily load (TMDL) regulation under the Clean Water Act contained no substantive standard for water quality. However, in this decision, the Third Circuit added such substantive criteria to the TMDL, which should have a monumental effect on the improvement of water quality standards in the United States.

Of Mines And Men: Toward A Foundational Theory Of The Rise, Evolution And Decay Of Property, Guillermo Arribas Irazola

Seattle Journal of Environmental Law

Why and how is property created? Through a historical analysis, this paper proposes that property is created not out of ideology, but by chance. Depending on the resources encountered by newcomers, a rising civilization will establish property through a centralized controlling government (a top-down system) or through people’s recognized possession (a bottom-up or Lockean system). In the former, the government will create and allocate property at its own discretion, while in the latter, the government will recognize and provide protection for the property of individuals.

When the Spaniards conquered Peru in the 1528, they found immense amounts of gold and …

Deep Seeded Problems: A Look At Seed Bank Regulations, Jasmine Patel

Seattle Journal of Environmental Law

This paper examines the importance of preserving plant biodiversity through the use of genetic seed vaults, and how effective global legal and regulatory plans aimed at such preservation are in comparison to approaches being undertaken in the United States. An example of such initiatives, the Svalbard Global Seed Vault in Norway, is meant to act as a global back up for other nation’s seed vaults. However, Norway’s laws do not allow for genetically modified organisms (“GMOs”) to be imported, including seeds from genetically modified plants. The United States needs to make sure that domestic vaults are protected by proper regulations …

Environmental Regulations And The Trans-Pacific Partnership: Using Investor-State Dispute Settlement To Strengthen Environmental Law, Ai-Li Chiong-Martinson

Seattle Journal of Environmental Law

The highly publicized Trans-Pacific Partnership (TPP) trade agreement has reignited a long-running debate between environmentalists and free trade advocates about the impacts of the investor-state dispute settlement (ISDS) system on the global economy and environmental preservation. The ISDS provision potentially gives foreign investors the right to challenge domestic regulations intending to protect the environment if those regulations discriminate against foreign investors and result in substantial monetary loss to the investors’ property. Critics of the TPP argue that we should learn from the troubling legacy of the North American Trade Agreement (NAFTA), which, according to critics, overwhelmingly favored investors over states …

Hanford Nuclear Site: Remediating To A Standard Safe For All Or Some?, Dylane Jacobs

Seattle Journal of Environmental Law

The cleanup of the Hanford Nuclear Site is one of the largest cleanups undertaken in the U.S. and is governed by many Federal and State environmental statutes. While CERCLA and the later SARA amendments should require the U.S. Department of Energy to clean up the site to a level acceptable for Native American tribes, thus far they have failed to do so. The U.S. Department of Energy can, and should, act to be more effective at remedying the injustices and cleanup of Hanford to the level needed for the historical use of the land.

Are Critical Area Buffers Unconstitutional? Demystifying The Doctrine Of Unconstitutional Conditions, Brian T. Hodges

Seattle Journal of Environmental Law

Washington’s cities and counties are increasingly demanding that owners of residential shoreline properties dedicate large, predetermined critical area buffers as a mandatory condition of any new development. Such demands, when imposed without regard to the specifics of the land use proposal, would appear to violate the essential nexus and rough proportionality tests established by the U.S. Supreme Court in Nollan v. California Coastal Commission, 483 U.S. 825 (1987), and Dolan v. City of Tigard, 512 U.S. 374 (1994). Early decisions from Washington courts faithfully applied these tests, invalidating open space and buffer dedications. But in a series of …

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.

Indoor Aquaponics In Abandoned Buildings: A Potential Solution To Food Deserts, Lisa Tomlinson

Sustainable Development Law & Policy

No abstract provided.

Investing In Resiliency: Prioritizing Water Systems And Investing In Green Infrastructure, Caitlin Cutchin

Sustainable Development Law & Policy

No abstract provided.

You Probably Shouldn’T Build There: Watershed-Based Land Use Strategies For Mitigating Global Climate Change In New Jersey’S Freshwater Systems, Matthew Knoblauch

Sustainable Development Law & Policy

No abstract provided.

About Sdlp

Sustainable Development Law & Policy

No abstract provided.

Editor's Note, Caitlin Buchanan

Sustainable Development Law & Policy

No abstract provided.

Do Not Forget To Wear A Hat, Michael Herz

Online Publications

President Trump’s tweets get all the attention, but those from others in the federal government can also be pretty striking. Consider how the U.S. Environmental Protection Agency’s (EPA) Twitter feed is taking on global and local environmental threats.

Analysis Of Challenges And Risks For Chinese Shipowners In The Implementation Of Bwm Convention, Qianqian Li

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

The Earth's Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D.

Environmental and Earth Law Journal (EELJ)

Expanding upon the important work already accomplished by the Paris Agreement (2015), the United Nations General Assembly (UNGA) can help create the international legal framework needed by recognizing, in a nonbinding resolution as a first step, the Earth’s atmosphere as a global trust and thus helping to create the necessary legal capacity- building among nation-states to monitor, maintain as well as restore the Earth’s atmosphere for future generations.

The Dangers Of Water Privatization: An Exploration Of The Discriminatory Practices Of Private Water Companies, Elana Ramos

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Putting The Sun Back Into The Sunshine State: How Florida's Transition To Solar Power Has Brought The State Out Of The Shadows Cast By Big Oil's Energy-Monopoly, Christopher Berman

Environmental and Earth Law Journal (EELJ)

No abstract provided.

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that …

The Place Of Private Property In Land Use Law: A Relational Examination Of Ontario's Quarry Conflicts, Estair Suarez Van Wagner

PhD Dissertations

Land use law structures the way we make decisions about how we live together and with the world around us. In doing so, it shapes our relationships not only with the people around us, but with the places we inhabit and encounter. This dissertation examines how land use law structures the relations between people and the more-than-human world to uphold the ownership model of property relations and to privilege particular forms of land use. Through documentary and interview-based qualitative research, it presents an eco-relational examination of one of the most contentious land uses in Ontario aggregate mineral extraction.

The primacy …

Will Regulations Prevent Litigation? An Analysis Of The U.S. Treasury Departments 2017 Revenue Proposals Concerning Conservation Easment Deductions, Garrett Pratt

The Business, Entrepreneurship & Tax Law Review

This article examines the Treasury’s 2017 proposals refining Section 170(h). This article assesses the likely effects of the Treasury’s proposals by discussing their impact in four key ways: (1) the new requirements placed on “qualified organizations” who receive conservation easement contributions; (2) donors’ increased substantiation requirements; (3) the exclusion of golf courses from Section 170(h) eligibility; and (4) the pilot conservation easement tax credit program. For each of these, this article will: examine the category’s current Section 170(h) regulatory treatment, if any, outline what the new proposals require, and then walk through the likely effects of these proposals. This article …

Clean Energy Tax Credits: Creating An Energy Welfare State Or Saving The Planet, K. Alex Langley

The Business, Entrepreneurship & Tax Law Review

This article addresses possible tax incentives that may be available in addition to or as an alternative to current tax credits. First, it will provide an overview of America’s ever-evolving energy policy. This section explains why the country’s energy policies resemble a rollercoaster. Second, this article offers a brief history of tax credits, specifically clean energy tax credits and fossil fuel tax credits. Part three describes Master Limited Partnerships (“MLPs”) and Real Estate Investment Trusts (“REITs”), two tax-flavored entity choices used by the oil and gas industry to improve their bottom line. Specifically, part three explores the tax benefits of …

Modernization Of The Columbia River Treaty: An Opportunity For Idaho, Barbara Cosens

Articles

No abstract provided.

Order Restored? Federal Agencies "Accountable" For Nepa, Esa Violations But Project To Proceed: Examining Pub. Emps. For Envtl. Responsibility V. Hopper, Nicole. S. Haiem

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Delta Constr. Co., Inc. V. Epa: Putting The Brakes On Challenges To Unfair Agency Regulation Of Greenhouse Gas Emissions And Fuel Economy In Light-Duty And Heavy-Duty Vehicles, Sabrina A. Peterman

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Zone Defense: How Zoning Laws Won In Tri-County Landfill, Inc. V. Commonwealth, Christyan A. Telech

Villanova Environmental Law Journal (1991 - )

No abstract provided.