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- Water Pollution Control (3)
- Clean Water Act of 1977 (2)
- Coal Ash (2)
- Federal Water Pollution Control Act Amendments of 1972 (2)
- Groundwater (2)
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- Water Shortages (2)
- Water pollution (2)
- Wetland Conservation (2)
- (547 U.S. 715 (1)
- 718 (2006)) (1)
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Articles 1 - 19 of 19
Full-Text Articles in Physical Sciences and Mathematics
Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park
Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park
William & Mary Environmental Law and Policy Review
This Note calls for the Virginia Supreme Court to recognize that a city’s right to freely pollute the public waterways is no longer valid under the Virginia Constitution, and to recognize that the line of Darling cases granting municipalities the public right to pollute waterways should have been overturned.
Part I will set out the foundation for this Note. It will discuss the background of Johnson v. City of Suffolk, laying the context for this Note’s discussion. Part II will engage in an analysis of the rationale for Darling. It will contextualize and compare it to current understandings …
Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum
Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum
William & Mary Environmental Law and Policy Review
This Article explores the issue of quality of citizen data through the lens of Potomac Riverkeeper v. Wheeler, a recent impaired waters listing case concerning the Shenandoah River in Virginia. Part I of this Article provides a brief overview of citizen science data in regulation and policymaking under the CWA. Part II discusses Potomac Riverkeeper v. Wheeler, examining Virginia’s water quality-related data standards and DEQ’s use (and non-use) of citizen water quality-related data and information in that case. Finally, Part III argues that Virginia should establish clear, reasonable, and specific data quality standards for qualitative citizen data so …
The Water Is On Fire: Current Circuit Approaches To Fee-Shifting In Citizen-Suits Under The Clean Water Act And The Need For Clearer And More Uniform Standards, Charles Kinley
William & Mary Environmental Law and Policy Review
This Note will start by providing a short explanation of the origins of and congressional goals for the fee-shifting provision in the CWA [Clean Water Act]. It will then offer a brief summary of how Supreme Court precedent has both clarified and confused this issue. Then, it will dive into an examination of how the different circuits and their district courts have interpreted the CWA’s fee-shifting provision and how these interpretations have struggled with past Supreme Court decisions. Finally, this Note will explore the costs and benefits associated with these fee-shifting standards and offer a potential solution to this problem. …
New Strategies For Groundwater Litigation In Texas, Amy Hardberger
New Strategies For Groundwater Litigation In Texas, Amy Hardberger
William & Mary Environmental Law and Policy Review
This Article evaluates the evolution of the understanding of groundwater rights since the Day decision and assesses the relative power of property rights in groundwater that have emerged and what can be done to equalize resulting inequities. Part I reviews the current state of groundwater ownership rights and includes a brief history of litigation that led to that point. Part II explains the authority and obligations of groundwater conservation districts, which create a regulatory overlay on the common law vested rights through permitting rules and the statewide planning process. Part III summarizes the history of constitutional challenges litigated after the …
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
William & Mary Environmental Law and Policy Review
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …
Taking On Water: Winters, Necessity And The Riparian East, Jacqueline Goodrum
Taking On Water: Winters, Necessity And The Riparian East, Jacqueline Goodrum
William & Mary Environmental Law and Policy Review
In the eastern United States, a natural abundance of water has historically satisfied regional water needs. However, rapid population growth and expansive development, as well as changing climate conditions, threaten to deplete and diminish regional water resources. Riparianism, the reigning water rights regime in the American East, is insufficient to address concerns arising from these emerging forces because it assumes sufficient water will be available for all users. Recent interstate disputes, such as Virginia v. Maryland and Florida v. Georgia, highlight a new hydrological reality characterized by not only increased consumption of eastern water resources, but also by increased …
International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure
International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure
William & Mary Environmental Law and Policy Review
The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean …
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
William & Mary Environmental Law and Policy Review
It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …
Coal Ash And Groundwater: Past, Present And Future Implications Of Regulation, John Daniels
Coal Ash And Groundwater: Past, Present And Future Implications Of Regulation, John Daniels
William & Mary Environmental Law and Policy Review
No abstract provided.
Message In A Water Bottle: The Call For A Tri-State Tmdl For Western Lake Erie, Lauren Coleman
Message In A Water Bottle: The Call For A Tri-State Tmdl For Western Lake Erie, Lauren Coleman
William & Mary Environmental Law and Policy Review
No abstract provided.
Emerging Contaminants In Virginia, Peter L. Defur, Laura E. Williams, Sarah D. Sanford
Emerging Contaminants In Virginia, Peter L. Defur, Laura E. Williams, Sarah D. Sanford
William & Mary Environmental Law and Policy Review
This Article summarizes the rise of emerging contaminants in waterways in Virginia and nationwide, and how they affect ecological and human health. First, we review the scientific discovery of chemicals that alter hormone systems, reproductive and developmental processes and how these were discovered in waterways. We go on to explain the current state of emerging contaminant regulations, noting that few states have a clear understanding of what chemicals are discharged into surface waters. The Environmental Protection Agency (EPA) has no national effort in this area, despite congressional interest and action. Finally, we make recommendations for future emerging contaminant control and …
Essay – The Toxic Legacy Of Coal Ash On Southeastern Rivers, Waterways, And Reservoirs, Cale Jaffe
Essay – The Toxic Legacy Of Coal Ash On Southeastern Rivers, Waterways, And Reservoirs, Cale Jaffe
William & Mary Environmental Law and Policy Review
My talk focuses on what I have called the toxic legacy of coal ash pollution in the Southeastern United States, andmy goal today is to give you all an insight into how we in the environmental communityby which I mean the waterkeepers and riverkeepersare seeing this issue. I also hope to share with you the perspective of the impacted communities and families that live downstream of these coal ash lagoons.
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons
William & Mary Environmental Law and Policy Review
No abstract provided.
Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark
William & Mary Environmental Law and Policy Review
No abstract provided.
Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio
Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio
William & Mary Environmental Law and Policy Review
This article examines two of the major water legal regimes in the
Americas—that of Brazil and the United States. Both countries have
extensive wet and dry regions and both hydro-regimes face a significant
threat from global warming. Brazil, for instance, is home to between
eight and fifteen percent of the world’s fresh water, and its fast-growing
economy and population present major challenges in management and
allocation. The U.S. also faces major water allocation problems resulting
from past settlement policies; unsustainable reclamation projects; and
also fast-growing domestic, industrial and agricultural demand.
In the United States, water has traditionally been perceived as …
Virginia's Proposals For Coastal Resources Management: Status Report
Virginia's Proposals For Coastal Resources Management: Status Report
William & Mary Environmental Law and Policy Review
No abstract provided.
Coastal Management In Virginia: At The Crossroads
Coastal Management In Virginia: At The Crossroads
William & Mary Environmental Law and Policy Review
No abstract provided.
Water Law Amendments For Virginia?
Water Law Amendments For Virginia?
William & Mary Environmental Law and Policy Review
No abstract provided.
New Uses For Wastewater
William & Mary Environmental Law and Policy Review
No abstract provided.