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Articles 271 - 300 of 608
Full-Text Articles in Environmental Law
130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox
130 Years And Counting Into Forever — New York's Forever Wild Constitutional Amendment And Lessons For Modern Green Amendments, Timothy E. Cox
Pace Environmental Law Review
In the 135 years of New York’s Forever Wild Amendment’s existence, it has been challenged by a range of court cases and thereby interpreted by courts throughout New York. The results of these cases frequently have upheld the heart of Forever Wild: to protect New York’s Forest Preserve land. This Article provides a history of the Forever Wild Amendment, an analysis of the courts’ and New York Attorney General’s interpretations of the Amendment, and a discussion of how this information can guide the future of New York’s Green Amendment.
Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies
Administering Environmental Justice: How New York’S Environmental Rights Amendment Could Transform Business As Usual, Rebecca Bratspies
Pace Environmental Law Review
Since New York became the latest state to pass an environmental rights amendment, there has been a great deal of analysis regarding how the judi- ciary will interpret the Green Amendment; however, state and local officials need not wait for the courts to enforce the Green Amendment. This Article explores the authority state and local officials have to carry out the purpose of the Green Amendment. Additionally, it discusses what the passage of the Green Amendment means in practice and how, and why, state officials such as the Attorney General should implement the Green Amendment.
Introduction, Marisa Barber
Brief Of Amicae Curiae Susan Boundy-Sanders And Paula Waters In Support Of Friends Of Sammamish Valley And Futurewise, King County V. Friends Of Sammamish Valley, Washington State Supreme Court Docket No. 102177-1, William Bailey
Court Briefs
No abstract provided.
Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson
Navigating Murky Waters: State-Level Strategies For Wetland Preservation And Tile Drainage Regulation After Sackett V. Epa, Caleb M. Swanson
Honors Thesis
Wetlands are some of the world’s most valuable ecosystems, serving as provisioners of species habitat, carbon sequestration, flood mitigation, water quality purification, and other ecosystem services. Human development has resulted in substantial wetland loss the world over. In the 1970s, the United States Congress passed the Clean Water Act, giving the EPA broad authority over wetland protection. However, in the summer of 2023, the United States Supreme Court decided Sackett v. EPA, limiting the EPA’s jurisdiction over wetlands to those indistinguishably connected to generally recognized “Waters of the United States” and removing federal protection for millions of acres of wetlands, …
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward
Public Land & Resources Law Review
No abstract provided.
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer
Public Land & Resources Law Review
No abstract provided.
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier
Public Land & Resources Law Review
No abstract provided.
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy
Public Land & Resources Law Review
No abstract provided.
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen
Public Land & Resources Law Review
No abstract provided.
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Leveraging Esg Principles To Help Secure Critical Mineral Supply Chains, Kaycee May Royer
Public Land & Resources Law Review
No abstract provided.
Amicus Brief Of Native Nations In Montana, Kathryn Shanley, And Denise Juneau, Held V. State Of Montana, Montana Supreme Court Docket No. Da 23-0575, Monte Mills, Jeremiah Chin, Mia Montoya Hammersley, Fredrick Ole Ikayo, Clare Derby, Natasha De La Cruz
Amicus Brief Of Native Nations In Montana, Kathryn Shanley, And Denise Juneau, Held V. State Of Montana, Montana Supreme Court Docket No. Da 23-0575, Monte Mills, Jeremiah Chin, Mia Montoya Hammersley, Fredrick Ole Ikayo, Clare Derby, Natasha De La Cruz
Court Briefs
Montana’s Constitution specifically recognizes and protects the right of Native Nations and Indigenous individuals to preserve and sustain their cultural traditions through the education of future generations. These rights are inherently tied to the right to a clean and healthful environment.
Climate Change And Internal Displacement In Colombia: Chronicle Of A Tragedy Foretold, Camila Bustos
Climate Change And Internal Displacement In Colombia: Chronicle Of A Tragedy Foretold, Camila Bustos
Elisabeth Haub School of Law Faculty Publications
One of the key challenges stemming from climate change will be climate displacement, as sudden and gradual events disrupt livelihoods and force millions to leave their homes. Despite the existing scholarship's focus on cross-border movement, the majority of climate displaced people will move internally instead of or before seeking refuge outside their nation's borders. What obligations do states owe to their citizens when those states have historically not been emitters but have still failed to protect domestic populations from displacement related to environmental disasters and climate change impacts? Through exploring the disaster management framework in Colombia and conducting a case …
Community Opinions On Environmental Action On Isla Porvenir And Whichub Walla In The Guna Yala Comarca, Sofia Houts
Community Opinions On Environmental Action On Isla Porvenir And Whichub Walla In The Guna Yala Comarca, Sofia Houts
Independent Study Project (ISP) Collection
The Guna Yala Comarca is the autonomous, self-governed territory of the Guna people, one of seven Indigenous groups in Panama. The Comarca is located on Panama’s eastern Caribbean coast and includes 365 coral islands. Forty nine Guna communities and roughly 32,000 individuals live in the territory. The Guna General Congress is the highest authority, and each community has a local congress. As a low-lying coastal region, Guna Yala is especially vulnerable to climate change and is already impacted by sea level rise, biodiversity loss, and changing precipitation patterns. Sub-national, national, and international forms of governance and environmental action are crucial …
Executive Actions To Ensure Safe And Responsible Ocean Carbon Dioxide Removal Research In The United States, Romany M. Webb, Korey Silverman-Roati
Executive Actions To Ensure Safe And Responsible Ocean Carbon Dioxide Removal Research In The United States, Romany M. Webb, Korey Silverman-Roati
Sabin Center for Climate Change Law
This paper presents recommended actions that federal agencies could take, under existing law, to ensure safe and responsible permitting and regulation of ocean carbon dioxide removal (CDR) research in U.S. waters. Controlled field trials and other in-ocean research is critical to improve scientific and societal understanding of ocean CDR techniques that could help the U.S. reach its climate goals. That could raise a host of legal issues, however. Existing legal frameworks were not designed to regulate ocean CDR, and federal agencies have yet to fully explain how decades-old environmental laws will be applied to a new set of activities. This …
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
Sabin Center for Climate Change Law
With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …
Rebutting 33 False Claims About Solar, Wind, And Electric Vehicles, Matthew Eisenson, Jacob Elkin, Andy Fitch, Matthew Ard, Kaya Sittinger, Samuel Lavine
Rebutting 33 False Claims About Solar, Wind, And Electric Vehicles, Matthew Eisenson, Jacob Elkin, Andy Fitch, Matthew Ard, Kaya Sittinger, Samuel Lavine
Sabin Center for Climate Change Law
Achieving the United States’ ambitious emissions reduction goals depends in large part on the rapid adoption of wind and solar energy and the electrification of consumer vehicles. However, misinformation and coordinated disinformation about renewable energy is widespread and threatens to undermine the transition. In this report, the Sabin Center identifies and examines 33 of the most pervasive false claims about solar energy, wind energy, and electric vehicles, with the aim of promoting a more informed discussion.
The Missing "T" In Esg, Danielle A. Chaim, Gideon Parchomovsky -- Professor Of Law
The Missing "T" In Esg, Danielle A. Chaim, Gideon Parchomovsky -- Professor Of Law
Vanderbilt Law Review
Environmental, social, and governance (“ESG”) philosophy is the zeitgeist of our time. The rise of ESG investments came against the perceived failure of the government to adequately promote socially important goals. And so, corporations are now being praised and credited for stepping up where the government has fallen short. In this Essay, we contend that the standard narrative of ESG suffers from a major flaw. The reason for this discrepancy is taxes. The companies that are widely perceived as saviors of the ESG era are in fact the cause of some of the main deficiencies ESG seeks to redress. Astoundingly, …
Adapting Seasonal Water Rights, Karrigan S. Börk, John Mensik
Adapting Seasonal Water Rights, Karrigan S. Börk, John Mensik
William & Mary Environmental Law and Policy Review
Climate change is shifting seasons. Spring comes earlier, fall comes later, rainy seasons are shorter and more intense, and summers are hotter and longer. In the American West, winter precipitation increasingly falls as rain, leading to a smaller snowpack and an earlier, more intense runoff followed by a longer and drier dry season. For irrigators— the highest volume water users—growing seasons are shifting earlier, weather is less predictable, and precipitation is increasingly inconsistent. The end of a relatively static climate marks the end of static water rights. The shifting seasons pose serious challenges to our ability to manage water systems. …
Incorporating Climate Considerations Into Investment Assessment Processes: Guidance For National And Local Governments, Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, Nora Mardirossian
Incorporating Climate Considerations Into Investment Assessment Processes: Guidance For National And Local Governments, Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, Nora Mardirossian
Columbia Center on Sustainable Investment
Global climate change impacts pose complex, dynamic challenges to the success of land-based investments — such as agriculture, forestry, and wind and solar energy — which can further exacerbate detrimental climate change impacts if they are not sustainably implemented. Countries outline in their Nationally Determined Contributions (NDCs) their goals and plans to reduce GHG emissions and adapt to climate change impacts. To ensure their success, governments must fully integrate their NDCs into national climate strategies, plans, and policies that drive government action and decisions. Improved land-based investment decision-making through the incorporation of climate considerations in investment assessment processes (IAPs) can …
Cleaning Up Space Junk: Applying The Models Of U.S. Domestic Environmental Law To Regulate The Creation Of Orbital Debris By Private Actors, Sara Henry
Dickinson Law Review (2017-Present)
The commercial space flight industry has grown rapidly in recent decades, and Congress has implemented a “learning period” to prevent heavy regulations on the industry. This learning period has led to the proliferation of orbital debris in space. The learning period is set to lapse in 2024, and now is the proper time to implement regulations to mitigate the creation of more debris. These regulations should be modeled after federal environmental law, including simplifying the current permit system and setting up a trust fund to finance research into active debris removal.
Table Of Contents (V. 48, No. 3)
Table Of Contents (V. 48, No. 3)
William & Mary Environmental Law and Policy Review
No abstract provided.
Foreword To Water Law In A Changing Climate, Emily Wells
Foreword To Water Law In A Changing Climate, Emily Wells
William & Mary Environmental Law and Policy Review
Climate change impacts all aspects of water from precipitation, river flow, groundwater, and sea levels, resulting in increased droughts and extreme weather events. Once predictable and stable resources have become uncertain in a changing climate. As a result, our laws face new challenges and must answer new questions, and they need to adapt. The William & Mary Environmental Law and Policy Review symposium “Water Law in a Changing Climate” highlighted the various issues and challenges facing our legal system when it comes to water. Our symposium consisted of experienced panelists and presenters with diverse expertise who each elaborated on the …
Fights Over Continuity - In Life And Law, Jamison E. Colburn
Fights Over Continuity - In Life And Law, Jamison E. Colburn
William & Mary Environmental Law and Policy Review
What is the whole: a river or that river and its tributaries? There is no “natural” answer to the question, only so many answers as there are reasons for asking. Lately, the Clean Water Act has been the captive of such diversions in our Supreme Court’s agenda. Changing it will not free it from that captivity. For whatever reforms we choose could still provide boundless opportunities for frustration in questions like the above. If the Court is as eager to cause that frustration as it has appeared lately, maybe we should help the Court to its fight with this iconic …
Environmental Justice, Resilience Justice, And Watershed Planning, Craig Anthony (Tony) Arnold, Resilience Justice Project Researchers
Environmental Justice, Resilience Justice, And Watershed Planning, Craig Anthony (Tony) Arnold, Resilience Justice Project Researchers
William & Mary Environmental Law and Policy Review
Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an “equity evolution”: watershed planners have begun integrating environmental justice considerations into their plans, often in response to demands by low-income communities of color. This Article explores a comprehensive set of principles, processes, analytical tools, and strategies for equitable watershed planning. It integrates a resilience justice perspective with environmental justice. Resilience justice is concerned with the systemically unequal …
Quantifying Winters Rights, Rhett B. Larson
Quantifying Winters Rights, Rhett B. Larson
William & Mary Environmental Law and Policy Review
All reservations of federal land, including Native American reservations and national forests, have water rights. These rights are referred to as “Winters rights” after the seminal U.S. Supreme Court case. That case recognized such rights’ existence, but it did not quantify the amount of water of those rights. Federal courts have applied various approaches to quantifying Winters rights. Recent decisions in Arizona state courts have taken new and different approaches to quantification of both tribal and non-tribal Winters rights. These state court decisions have important implications for federal water rights throughout the United States. This Article examines these new …
Tribes And Water In The Wake Of Navajo Nation And Sackett: Treaties, Winters, Montana, And Rights Of Nature, Robin Kundis Craig
Tribes And Water In The Wake Of Navajo Nation And Sackett: Treaties, Winters, Montana, And Rights Of Nature, Robin Kundis Craig
William & Mary Environmental Law and Policy Review
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change–driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more active role in U.S. water management. This Article provides an overview of the complex contemporary legal landscape governing tribal authority over water. After reviewing the current state of inherent tribal sovereignty with respect to water, treaty rights and reservations, the federal Winters doctrine, and Treatment-as-a-State (“TAS”) status, this Article explores …
Renewable Energy And Defense Power In Japan, Yuichiro Tsuji
Renewable Energy And Defense Power In Japan, Yuichiro Tsuji
William & Mary Environmental Law and Policy Review
Japan’s challenge will be how quickly it can shift its energy supply to renewable energy sources. To increase energy self-sufficiency and defense power, Japan should promote policies that encourage renewable energy use. However, under the current legal system, local governments are not involved in the legal review process for establishing nuclear power plants. Through agreements, local consent is required to restart a plant. However, this is merely a contract, and permission is granted even if the agreement is violated, as long as the plant passes a safety review. The central government is trying to facilitate communication between local governments and …
What Is The Price Of Withdrawing From Investor-State Dispute Settlement Provisions In An Era Of Climate Conscious Policy? Comparing Latin America's Rejection Of Foreign Investor Control To The Fallout From The Energy Charter Treaty, Carrie Swiggum
Student Scholarship
This article examines Investor-State Dispute Settlements criticisms and intended benefits as it comes up in public law issues such as the Energy Charter Treaty. The treaty is the world’s largest multilateral treaty, with about 50 member countries, and the most litigated, with most cases decided by arbitration. There is criticism against an inability to modernize the treaty due to concerns regarding climate change as well as criticism against the investor-state dispute settlement system itself, because of arbitration’s secrecy and lack of public involvement. This article argues that countries should leave unilaterally as they have begun to do, avoiding the regulatory …