Environmental Policy Commons^™

Pope Francis, Laudato Si', And U.S. Environmentalism, Jonathan Z. Cannon, Stephen Cushman

William & Mary Environmental Law and Policy Review

No abstract provided.

Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano

William & Mary Environmental Law and Policy Review

No abstract provided.

A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne

William & Mary Environmental Law and Policy Review

Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews …

Murky Skies Ahead! Analyzing Executive Authority And Future Policies Regarding Corporate Disclosure Of Greenhouse Gases, Chandler Crenshaw

William & Mary Environmental Law and Policy Review

No abstract provided.

Plan Ej 2014: Fact Or Fiction? A Critique Of The Obama Administration’S Efforts On Environmental Justice, Jeanne Zokovitch Paben

William & Mary Environmental Law and Policy Review

As President Obama’s tenure in office draws to a close, environmental injustices continue to proliferate in communities across this country. During the Obama Administration, there has been a strong government voice on combating these injustices, yet under their watch we see travesties like Flint, Michigan. Flint is the latest example of how our laws and government processes are not only inadequate in protecting overburdened communities, but also how they are complicit in perpetuating harm. This Article aims to answer how that happens, first, by cataloging the environmental justice efforts under the Obama Administration, most notably through Plan EJ 2014, then …

Waging War On The Rising Seas: Fashioning A Comprehensive Approach To Combating The Effects Of Sea Level Rise On Hampton Roads, Virginia Military Installations Under Existing Frameworks, Paul Hawkins

William & Mary Environmental Law and Policy Review

No abstract provided.

Putting The Illegal Wildlife Trade In The Crosshairs: How The Global Conservation Crisis Demonstrates The Need For Lacey Act Enforcement Of Foreign Laws, Jonathan Gonzalez

William & Mary Environmental Law and Policy Review

No abstract provided.

Water Quality Conflict Resolution And Agricultural Discharges: Lessons From Waterkeeper V. Hudson, Jennifer M. Egan, Joshua M. Duke

William & Mary Environmental Law and Policy Review

This Article presents a comparative institutional analysis of an increasingly important type of environmental conflict—the agricultural-waste-discharge and water-land-nexus conflict—using the recent citizen suit Waterkeeper v. Hudson as a case study. The objective is to assess the resource allocation efficiency and procedural fairness of the dispute processing in Hudson. The Hudson setting involves substantial scientific complexity, including ecological interdependencies, unobservable and observable land management decisions, pollutant transport, in-stream removal, and the problem of multiple and diverse sources of water quality pollution. Although the Hudson farm does fall under a regulated point source category in a state legislative definition, not all agricultural …

Making Regional And Local Tmdls Work: The Chesapeake Bay Tmdl And Lessons From The Lynnhaven River, Shana Campbell Jones

William & Mary Environmental Law and Policy Review

This Article will first provide an overview of how restoration developed in the Bay in order to provide a regional context for the Lynnhaven River “total maximum daily load[s]” or TMDL. The Article will then explain the 2011 Chesapeake Bay TMDL and how it potentially foreshadows “next generation” cooperative federalism and watershed restoration because it is generating increased engagement from local government, private citizens, and non-profit restoration efforts. This Article will then tighten its focus to the Lynnhaven River, a local tributary within the Chesapeake Bay watershed, and will examine the local government’s success in implementing measures to meet a …

How To Save The Chesapeake Bay Tmdl: The Critical Role Of Nutrient Offsets, Robert H. Nelson

William & Mary Environmental Law and Policy Review

No abstract provided.

Disagreement And Design: Searching For Consensus In The Climate Policy And Intergenerational Discounting Debate, Michael A. Kane

William & Mary Environmental Law and Policy Review

Current approaches to discounting in climate policy present a seemingly intractable problem. While it is widely recognized that choice of discount rate in climate models can easily dwarf the effect of other parameter inputs, there is at present a very wide disagreement, both in law and in economics, about the appropriate discount rate to use. This Paper provides a framework for achieving a workable consensus range for acceptable discount rates in climate models. It does so by emphasizing three factors previously ignored in the literature. First, it demonstrates that the choice of discount rate should be tailored to the type …

Effectiveness Of Environmental Law: What Does The Evidence Tell Us?, Michael Faure

William & Mary Environmental Law and Policy Review

No abstract provided.

A Win-Win Scenario: Using The Gold Standard To Improve The World Cup's Green Goal Initiative, Allison A. Kotula

William & Mary Environmental Law and Policy Review

No abstract provided.

Let's Face Facts, These Mountains Won't Grow Back: Reducing The Environmental Impact Of Mountaintop Removal Coal Mining In Appalachia, Diana Kaneva

William & Mary Environmental Law and Policy Review

No abstract provided.

A Comparative Review Of Environmental Policies And Laws Involving Hazardous Private Dams: 'Appropriate' Practice Models For Safe Catchments, John D. Pisaniello

William & Mary Environmental Law and Policy Review

Generally, the world’s largest dams have been erected and managed
by governments, while individual owners have been responsible for private
dams. Both kinds of dams have experienced technical failures that
have resulted in tragic losses of life as well as disastrous damage to property
and environment, and this has generated serious concerns regarding
dams’ safety worldwide. In Australia, despite the fact that attention has
been focused on the physical and technical integrity of medium- to largescale
dams, the smaller private dams have been virtually ignored with
regard to their serious potential and actual problems. Specifically, private
dams pose threats to …

Wall Street Walk Dead End For Chesapeake Cleanup?, Bradford T. Bartels

William & Mary Environmental Law and Policy Review

No abstract provided.

Curb Your Ecoterrorism: Identifying The Nexus Between State Criminalization Of Ecoterror And Environmental Protection Policy, Paul J. Karasick

William & Mary Environmental Law and Policy Review

No abstract provided.

The Devolution Of Nepa: How The Apa Transformed The Nation's Environmental Policy, Sam Kalen

William & Mary Environmental Law and Policy Review

No abstract provided.

Environmental Law: The Policy Implications Of The Reaction To Climate Change, Federalist Society

William & Mary Environmental Law and Policy Review

No abstract provided.

Bringing Sexy Brac: The Case For Allowing Local Governments To Control Environmental Cleanup In The Military Base Closure And Redevelopment Process, Thomas William "T.W." Bruno

William & Mary Environmental Law and Policy Review

No abstract provided.

Seeking A Seat At The Table: Has Law Left Environmental Ethics Behind As It Embraces Bioethics?, Heidi Gorovitz Robertson

William & Mary Environmental Law and Policy Review

Long before its crystallization as an academic discipline in the 1960s and '70s, bioethics was evolving from isolated ideas and theories into a coherent and practical field. Today, people train in academic bioethics programs and seek careers as bioethicists. Hospitals, universities, government organizations, and corporations hire bioethicists, where they use their training to help make decisions regarding life or death issues in science and medicine. Although there is controversy over the extent and content of the influence they exert there, bioethicists have achieved a seat at the decision-making table.

Environmental ethics also emerged in the 1960s and'70s, beginning most notably …

Administrative Decisionmaking By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based Vs. Cooperative Enforcement, Robert L. Glicksman, Dietrich H. Earnhart

William & Mary Environmental Law and Policy Review

For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws: the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of enforcement. They regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their regulatory obligations. Proponents of …

The Precautionary Principle: More Than A Cameo Appearance In United States Environmental Law?, Phillip M. Kannan

William & Mary Environmental Law and Policy Review

No abstract provided.

"Standard" And "Alternative" Environmental Protection: The Changing Role Of Environmental Agencies, George B. Wyeth

William & Mary Environmental Law and Policy Review

No abstract provided.

Changing Corporate Behavior Through Environmental Management Systems, David W. Case

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction To The Symposium: Corporate Governance And Environmental Best Practices, Jayne W. Barnard

William & Mary Environmental Law and Policy Review

No abstract provided.

A Review Of The Role Of The Cites Secretariat In The Implementation Of The Non-Detriment Finding Requirement, Alice Stroud

William & Mary Environmental Law and Policy Review

No abstract provided.

Synthesizing Criteria And Accounting For Economic Waste In Environmental Laches, Richard G. Collins

William & Mary Environmental Law and Policy Review

No abstract provided.

The Chesapeake Bay Restoration Act Of 2000: New Requirements For Federal Agencies, Michael T. Palmer

William & Mary Environmental Law and Policy Review

No abstract provided.