Environmental Policy Commons^™

Environmental Justice Issues And Sea Level Rise In Frontline Communties Along The Gulf Coast, Karla Michel Lopez

Open Access Theses & Dissertations

Sea level rise poses a great threat to coastal areas and our way of life. As flooding increases in frequency and intensity across the country, vulnerable populations become a target to its impacts. The U.S. dedicates much research to risk communication and climate change adaptation strategies; however, these coastal areas are home to a large percentage of underserved and underrepresented communities that can be challenging to meaningfully engage. The impacts of short-term sea level rise combined with long-term sea level rise will not only cause flooding, erosion, and intrusion of saltwater into freshwater resources but also increased financial consequences, such …

Associations Between Exposure To Air Pollution After A Dust Event And Hospitalizations., Estrella De Jesus Herrera-Molina

Open Access Theses & Dissertations

The Southwestern region has been identified as one of the most persistent dust producing regions of North America. Exposure to inhalable particulate matter (PM10) originating from desertic landscape during dust events/dust exposures (DEs) can reach hazardous levels. El Paso, Texas’s ambient air has reached hazardous levels of PM10 above 4000 μg/m3 with near zero visibility due to these natural events. There are very few prior studies in the southwestern United States pertaining to the associations between exposure to atmospheric aerosol after DEs and hospitalizations, nor are there many epidemiological studies globally in dusty environments where most of the atmospheric aerosol …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …

Flooding Their Mailbox: Recommendations For Notifying Residents Of Changes To Fema Flood Maps, Andrew Major, Alston Underwood

Virginia Coastal Policy Center

No abstract provided.

The Energy Transition And Mining: Reconciling The Growth Of Renewable Energy With The Need For New Mineral Development, Alexandra B. Klass, Allison J. Mitchell

Articles

Under the Paris Agreement, the global governmental signatories embraced the goal to hold global average temperature increase to “well below 2°C above pre-industrial levels” while “pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels.” Almost every country in the world signed on to the Paris Agreement, adopting the prevailing science that anthropocentric greenhouse gas emissions would result in rising global temperatures and catastrophic damages from climate change in the absence of immediate action. In pursuit of this goal, the signatories agreed that all member countries would work together to bring greenhouse gas emissions to zero within the …

Environmental Protection, The Military, And Preserving The Balance: “Why It Matters, In War And Peace”, Kurt Smith

Seattle Journal of Technology, Environmental, & Innovation Law

International military operations around the world are major actors on the world stage of global pollution. The United States military remains subject to federal, state, and local environmental laws. However, many exemptions exist to assist the military despite its status as a global polluter. Many environmental policies have incrementally developed over the last one-hundred years largely as a reaction to the most extreme circumstances. Scientific knowledge continues to increase our awareness of the lasting impacts of policy decisions relating to the environment, giving rise to the precautionary principle, that notion that we should do no lasting harm, in our care …

The Clean Air Act: How It Can Be Localized To Promote Both Environmental And Social Justice, Tate Kirk

Seattle Journal of Technology, Environmental, & Innovation Law

Legislators attempt to achieve intended goals by enacting laws that provide for regulatory enforcement. However, many times laws are unable to achieve their stated goals and in some ways may create new or exacerbate existing issues. Luckily, upon review, many of these issues can be fixed with quick modifications to either their implementation or enforcement mechanisms. In its current form, the Clean Air Act does not effectively account for differences in regional climate patterns, and, moreover, it perpetuates environmental injustice. If local governments were given more autonomy to enforce the Clean Air Act, they could shape its enforcement to more …

Paradox In The Bayou: Development And Displacement In America’S Wetlands, Allison Oliver Haertling

University of New Orleans Theses and Dissertations

The bayou communities situated at the southern ends of Terrebonne Parish, Louisiana possess a rich and uniquely diverse cultural heritage. However, economic factors, combined with environmental issues such as land loss from oil and gas dredging, subsidence, and rising seas, have spurred significant migration “up the bayou” in recent decades, threatening the loss of these cultures and leaving behind a population that is growing increasingly more vulnerable. This study investigates the current and anticipated social, physical and fiscal impacts of persistent land loss and population decline on lower Terrebonne Parish, as well as planning strategies for maintaining existing infrastructure and …

Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling

Seattle Journal of Technology, Environmental, & Innovation Law

The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.

This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …

Planning For A Managed Retreat: Moving In A New Direction, Caitlin Parry, Michael Heard Snow, Ryan Franklin

Virginia Coastal Policy Center

Climate change is altering the United States’ coastline in both subtle and extreme ways. The threat is especially pressing in the Commonwealth of Virginia, which is experiencing sea levels rising faster than the global average. As global sea level rise continues to increase, coastal communities across the country must make difficult decisions about their futures. Instead of waging an endless war with the tide, one option for them to consider is the process of managed retreat, which provides a long-term solution by relocating communities away from vulnerable areas. Low to moderate income communities face a variety of additional social and …

Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni

Virginia Coastal Policy Center

Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …

Trash Talk: An Exploration Of The Problem Of Marine Debris And Some Virginia-Specific Solutions, Elizabeth Pindilli

Virginia Coastal Policy Center

In an effort to address the problem of marine debris, the Virginia Coastal Zone Management Program (Virginia CZMP) undertook a planning process that resulted in the Virginia Marine Debris Reduction Plan (VMDRP) in 2014. In light of the policy issues raised in the VMDRP, this paper will explore the issue of marine debris and some possible solutions that can be pursued in Virginia.

This abstract has been adapted from the author's introduction.

The Lasting Impacts Of Mass Consumerism And The Disposable Culture: A Proposition For The Development Of Plastic Shopping Bag Bans In Texas Law, David Brewster

St. Mary's Law Journal

This Article addresses the developing state of plastic bag bans in Texas municipal and state jurisprudence. The Article recites the history of plastic bag bans and their impacts on the environment, the issues pertinent to municipal powers as regulatory devices, and analyzes the most recent case regarding bag bans in Texas, which is the Texas Supreme Court’s opinion in City of Laredo v. Laredo Merchants Association. The Article makes suggestions about how to move forward in developing municipal plastic bag bans for the benefit of the environment, and addresses the immediate impacts of bag ban litigation and legislation in …

On Environmental Law, Climate Change, And National Security Law, Mark P. Nevitt

Faculty Articles

This Article offers a new way to think about climate change. Two new climate change assessments—the 2018 Fourth National Climate Assessment (“NCA”) and the United Nations Intergovernmental Panel on Climate Change’s Special Report on Climate Change— prominently highlight climate change’s multifaceted national security risks. Indeed, not only is climate change an environmental problem, it also accelerates existing national security threats, acting as both a “threat accelerant” and “catalyst for conflict.” Further, climate change increases the intensity and frequency of extreme weather events while threatening nations’ territorial integrity and sovereignty through rising sea levels. It causes both internal displacement within nations …

Texas Landfills: The Need For Administrative Reform Of The Texas Commission On Environmental Quality’S Permitting Process, William Todd Keller Jr.

St. Mary's Law Journal

Abstract forthcoming

Rights, Water, And Guardians: How Rights Of Nature Movements Are Reshaping Our Current Environmental Ethics And What These Policies Need To Be Successful, Megan Schmiesing

Pitzer Senior Theses

Giving legal rights to nature is no longer a fringe idea in international environmental law. Rights of Nature movements have gained traction in countries around the world, including Ecuador, Australia, India, Aotearoa New Zealand, and the United States. The act of organizing to recognize legal rights and legal personhood for nature represents a philosophical, moral, and political shift from previous anthropocentric values. Through two case studies in Aotearoa New Zealand and the United States, this thesis examines the policy language and the context and history that led to their creation. The Te Awa Tupua (Whanganui River Claims Settlement) Act and …

Montreal Protocol, Howard J. Bromberg, Mark S. Coyne, W. J. Maunder

Book Chapters

DATE: Signed September 16, 1987; took effect January 1, 1989; amended 1990, 1992, 1995, 1997, and 1999

The Montreal Protocol was created to help preserve the Earth’s ozone layer by severely limiting the production and use of chlorofluorocarbons (CFCs ) and other halogenated compounds.

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …

Trump, Donald: Environmental Policy Of,, Howard J. Bromberg

Book Chapters

Businessman and US. president Donald John Trump was born in Queens, New York, to Frederick (Fred) Trump and Mary MacLeod. Fred Trump, a real estate developer, brought Donald into the family real estate business. Through his business operations, Trump became a billionaire. Donald also became a television celebrity with the reality show The Apprentice. In one of the most unpredictable elections in American history, Trump became the 45th president of the United States. His administration aggressively promoted development of oil, gas, mineral, and coal resources. In doing so, he revoked numerous environmental protections.

Environmental Law In The United States, Howard J. Bromberg, Joshua I. Barrett

Book Chapters

Environmental law in the United States comprises a complex patchwork of federal, state, and local statutes and regulations, along with the traditions of common law. Most statutory environmental programs emerged in the second half of the twentieth century. In the 1960s, writings such as Rachel Carson's Silent Spring (1962) fueled environmental awareness in the United States; the first Earth Day, celebrated on April 22, 1970, symbolized the birth of vironmental law entered a new era in 1970, when President Richard Nixon created the Environmental Protection Agency and the U.S. Congress passed the National Environmental Policy Act and the 1970 Clean …

The Creation Of A Virginia Coastal Resilience Development Authority: An Inventory Of State Coastal Resilience Authorities And Funding Mechanisms To Help Guide Virginia, Kristi Gennette

Virginia Coastal Policy Center

In June 2018, Governor Ralph Northam signed legislation creating a cabinet-level position, the Special Assistant to the Governor for Coastal Adaptation and Protection, to lead efforts in addressing coastal resilience and flooding mitigation in Virginia. The following November, Governor Northam signed Executive Order No. 24, which directed the state to increase statewide resilience to natural hazards and extreme weather. This Executive Order directed Virginia to develop a Coastal Resilience Master Plan (CRMP). In order to implement the projects proposed in the CRMP, the Commonwealth will need funding. This paper provides an inventory of various states’ programs for funding coastal resilience …

Water Supply Management In Virginia: Lessons From The West Coast, Kristin Mccarthy

Virginia Coastal Policy Center

This paper first provides a brief overview of the two main water rights doctrines: riparian rights in the east, and prior appropriation in the west, with special emphasis on Virginia’s and California’s water laws. This paper next looks at particularly relevant water supply solutions, including bringing the agriculture industry to the table, implementing aquifer storage and recovery and groundwater trading programs, embracing “One Water” plans, and expanding water budgeting laws in the state. Each section first examines the actions that Virginia has already undertaken, before highlighting examples of success in the west and making recommendations for ways in which Virginia …

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …

Environmental Consciousness For The Politically Autonomous: The Basque Country, Miranda L. White

Independent Study Project (ISP) Collection

When discussing the issue of political autonomy, the usual topics that are taken into consideration are based around human rights, language, culture, society or economics. Those are the most commonly discussed for good reason, as they are important for the rights and freedoms of a community itself. However, this research paper aims to investigate further into the discussion of the environmental effects of political autonomy in Spain, specifically in the matter of autonomous competencies for waterway and air management. Therefore, in order to test such a hypothesis, this study will use the Basque Country of Spain as the subject, and …

The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott

William & Mary Environmental Law and Policy Review

Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state’s power …

How Science Has Influenced, But Should Now Determine, Environmental Policy, Jan G. Laitos

William & Mary Environmental Law and Policy Review

This is an article about science and environmental law. More specifically, it is an article about two different versions of science, and how each has affected environmental law and the development of environmental policy. The emergence of science-driven environmental law has significantly affected how humans view and respond to the natural world that makes up the biosphere, which is the thin envelope surrounding the Earth that permits the human species to exist. This Article argues that humans, and law-makers, should embrace a different role for science. Instead of science answering “what is” questions, it should also explain the universal laws …

Overcoming Impediments To Shellfish Aquaculture Through Legal Research And Outreach: Case Studies, National Sea Grant College Program, Catherine Janasie, Amanda Nichols, Read Porter, Mitchell Ramic, Jordan Viana, Joseph Bingaman, Elizabeth Andrews, Angela King, Danielle Goshen, Shana Jones, Lisa Schiavinato, Catherine Courtier, Danielle Goshen

Virginia Coastal Policy Center

More than half of the population of the continental United States resides in coastal communities, which are increasingly home to commercial shellfish aquaculture operations. Consequently, a variety of user conflicts can arise as states seek to encourage the development or expansion of shellfish aquaculture. Each of these conflicts creates the potential for opposition and legal challenges to the industry.

An understanding of the legal and regulatory context governing shellfish aquaculture can assist in managing conflicts related to the industry. Laws and regulations in some cases create or can be perceived as impediments to the growth or success of the aquaculture …

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.