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Social and Behavioral Sciences Commons

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Full-Text Articles in Social and Behavioral Sciences

Saving The Smokies: Land Rights In The Middle And Mountain South, Robin J. Happel Dec 2018

Saving The Smokies: Land Rights In The Middle And Mountain South, Robin J. Happel

Student Theses 2015-Present

From the Trail of Tears to the forced evictions that turned Cades Cove into a ghost town, Appalachia’s residents have long been betrayed by their governments. Currently, mountaintop removal – the destruction of hundreds of mountain peaks for coal – mirrors past abuses, and has sparked a new cycle of catastrophic health effects and land loss. This legacy of human rights abuses is far from Appalachia’s only option, however. In examining both the past and current socioeconomic structures that enable environmentally destructive practices like mountaintop removal, it is possible to chart a path forward. And, by adopting a system similar …


"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske Apr 2018

"Un-Designating" Marine Sanctuaries?: Assessing President Trump's America-First Offshore Energy Strategy, Kevin O. Leske

William & Mary Environmental Law and Policy Review

No abstract provided.


Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez Feb 2018

Bike Lanes, Not Cars: Mobility And The Legal Fight For Future Los Angeles, Ernesto Hernandez-Lopez

William & Mary Environmental Law and Policy Review

In 2015, the City of Los Angeles adopted the controversial Mobility Plan 2035. The Plan restructures city transportation planning by emphasizing alternatives to cars for the next twenty years. Predictably, bike lanes became its most polemic aspect. The Plan envisions dramatic increases in bike lanes throughout car-obsessed Los Angeles. This bike lane increase was challenged in court, with objectors claiming that eliminating car lanes would increase congestion and compromise air quality. These arguments are ironic, since environmental justifications typically motivate bike projects.

The Mobility Plan illustrates how law supports and challenges bike lane projects. This Article argues that although this …


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival Jan 2018

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

All Faculty Scholarship

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …