Environmental Law Commons^™

Teaching Policy Instrument Choice In Environmental Law: The Five P’S, James Salzman

Duke Environmental Law & Policy Forum

No abstract provided.

Bound And Gagged: Potential First Amendment Challenges To “Ag-Gag” Laws, Jessalee Landfried

Duke Environmental Law & Policy Forum

No abstract provided.

Balancing Hydraulic Fracturing’S Environmental And Economic Impacts: The Need For A Comprehensive Federal Baseline And The Provision Of Local Rights, Adam Garmezy

Duke Environmental Law & Policy Forum

No abstract provided.

Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky

West Virginia Law Review

No abstract provided.

Trends In Environmental Law Scholarship 2008-2011, Linda K. Breggin, Jacob P. Byle, Lynsey R. Gaudioso, Seamus T. Kelly

Vanderbilt Law School Faculty Publications

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute's (ELI's) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR provides a forum for the presentation and discussion of the best ideas about environmental law and policy from the legal academic literature. As part of the article selection process each year, Vanderbilt University Law School students assemble and review the environmental law articles written in the past year. In this Article, we draw on the results of the ELPAR article selection process to report on trends in environmental legal scholarship for academic years …

Conservative Principles For Environmental Reform, Jonathan H. Adler

Faculty Publications

The nation’s environmental regulatory architecture may not have changed significantly over the past few decades, but the range of environmental problems has. Regulatory measures designed to address the industrial pollution of the twentieth century are poorly suited to address the more complex and difficult challenges of the twenty-first.

There is an urgent need to debate the future of environmental protection in this country. If the debate is to be productive, it needs to span the political spectrum. Therein lies a problem: It is unclear whether many on the political right are prepared to engage in serious policy discussion about the …

Norfolk’S Flooding Adaptation Measures: Taking Lawful Precautions Or ‘Takings’ Lawsuits?, Emilie A. Whitehurst

Virginia Coastal Policy Center

No abstract provided.

The Dillon Rule & Norfolk Sea Level Rise: An Analysis Of The Limited Impact Of The Dillon Rule On Planning For Sea Level Rise In Norfolk, Mary-Carson B. Saunders

Virginia Coastal Policy Center

No abstract provided.

Sea Level Rise, Stormwater Management, And The National Flood Insurance Program: How Norfolk’S Best Management Practices Can Lower Local Flood Insurance Rates, Anna Killius

Virginia Coastal Policy Center

No abstract provided.

Overview Of A City’S Tort Liability Duties To Maintain And Protect Local Government Services From Sea Level Rise: Poquoson Case Study, Alex Horning

Virginia Coastal Policy Center

No abstract provided.

Using Zoning Tools To Adapt To Sea Level Rise, Barb Marmet

Virginia Coastal Policy Center

No abstract provided.

The Dillon Rule And Sea Level Rise: An Analysis Of The Impact Of The Dillon Rule On Potential Adaptation Measures The City Of Poquoson May Implement, Lauren Gill

Virginia Coastal Policy Center

No abstract provided.

Tidal Turmoil: Environmental Justice And Sea Level Rise In Hampton Roads: Norfolk Case Study, Michael Boyer, Erica Penn

Virginia Coastal Policy Center

No abstract provided.

The Virginia Supreme Court’S 2012 Livingston Case: Localities And The Risk Of “Takings” Claims For Failure To Properly Maintain Flood Control Structures, Daniel Doty, Chris Olcott

Virginia Coastal Policy Center

No abstract provided.

“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block

Virginia Coastal Policy Center

No abstract provided.

The Patterns Of Pollution: Providing Evidence Of The Unequal Distribution Of Pollution In Environmental Justice Communities, David Deganian

Environmental and Animal Law

The Center for International Law & Justice and the Environment, Development & Justice Project Present the Third Annual Spring Environmental Justice Lecture featuring Professor David Deganian.

Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Changing Policy Without Changing Law: Addressing Climate Change Under The Clean Air Act, Philip Wallach

Brookings Scholar Lecture Series

The evolution of our national climate change policy at the Environmental Protection Agency (EPA) from the 1990s-2000s, is marked by a backdrop of congressional inaction. In 2007, litigation (Massachusetts v. EPA) required the EPA to re-interpret the Clean Air Act to also apply to greenhouse gases. This presentation will include a summary of the legal arguments in that case, and the narrow Supreme Court decision that supported the petitioners; a review of the legal and practical challenges emanating from this ruling; and consideration of the EPA's impact on continuing legislative debates. The speaker will explore the impact of this decision …

The Food Safety Modernization Act’S True Implications For Sustainable Agriculture, Emily Walters

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Wasting Our Options? Revisiting The Nuclear Waste Storage Problem, Randall W. Miller

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Table Of Contents

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Deep Water Offshore Oil Exploration Regulation: The Need For A Global Environmental Regulation Regime, Naama Hasson

Washington and Lee Journal of Energy, Climate, and the Environment

Government regulation of deepwater offshore explorations has found it either difficult to evaluate the environmental impact, or too costly to perform the required review.1 Corporate self-regulation without effective government oversight will not adequately reduce the risk of accidents within the offshore oil exploration industry, nor will it ensure that corporations prepare effectively to respond to a major spill. The potential, near-term, financial benefit for the oil company prevails over the lowprobability risk that a major spill will occur. Recognizing that current domestic regulation lacks effective, continuous monitoring of complex offshore operations, another form of regulation appears necessary. If already-emerging principles …

Fractured Focus: Tribal Energy Development And The Regulatory Contest Over Hydraulic Fracturing In Indian Country, Mitchell Davis

Washington and Lee Journal of Energy, Climate, and the Environment

No abstract provided.

Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley

Washington and Lee Journal of Energy, Climate, and the Environment

The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …

Masthead And Front Matter

Washington and Lee Journal of Energy, Climate, and the Environment

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.