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“Takings” Liability For Vacating Roads In Flood-Prone Areas: Poquoson Case Study, Kelci Block 2013 William & Mary Law School

“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 2013 Barry University School of Law

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 2013 Pepperdine University

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 2013 Governance Studies

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 2013 Washington and Lee University School of Law

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 2013 Washington and Lee University School of Law

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, 2013 Washington and Lee University School of Law

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 2013 Washington and Lee University School of Law

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 2013 Washington and Lee University School of Law

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 2013 Atlanta's John Marshall Law School

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, 2013 Washington and Lee University School of Law

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 2013 William & Mary Law School

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 2013 William & Mary Law School

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 2013 William & Mary Law School

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 2013 William & Mary Law School

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 2013 William & Mary Law School

Food Ordinances: Encouraging Eating Local, Mia Shirley

William & Mary Environmental Law and Policy Review

No abstract provided.


Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button 2013 William & Mary Law School

Cleaning Up Space: The Madrid Protocol To The Antarctic Treaty As A Model For Regulating Orbital Debris, Mary Button

William & Mary Environmental Law and Policy Review

No abstract provided.


Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp 2013 William & Mary Law School

Flooding On The Missouri River: How The Missouri Water System Could Benefit From A River Basin Commission, Alexa Roggenkamp

William & Mary Environmental Law and Policy Review

No abstract provided.


Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno 2013 Suffolk University Law School

Small-Scale Generation: Issues In Standardizing Power Purchase Agreements, Steven Ferrey, Alejandro Moreno

Suffolk University Law School Faculty Works

This note provides an introduction to the issues surrounding the design of Power Purchase Agreement's (PPAs). Programs to attract investment in small-scale electricity generation, often powered by renewable energy sources, have become increasingly common in the developing world as governments seek to both expand access to electricity and improve sustainability. A valuable tool for such programs is a well-crafted, standardized power purchase agreement, which can reduce transaction costs for generators and government agencies alike and substantially improve the economics of small generation facilities. This note discusses key considerations in designing a standardized agreement for a small power producer program. The …


Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber 2013 Vanderbilt University Law School

Cultivating A Green Political Landscape: Lessons For Climate Change Policy From The Defeat Of California's Proposition 23, Eric Biber

Vanderbilt Law Review

In the fall of 2010, two major political battles over climate change in the United States reached their climax. At the federal level, efforts to enact comprehensive climate change legislation-already in doubt after the Senate refused to consider legislation passed by the House-were terminated for the near future by a landslide win for conservative Republicans, who are overwhelmingly hostile to climate change legislation, in midterm Congressional elections.' At the state level, California voters considered Proposition 23, a ballot initiative that would have effectively repealed the state's comprehensive global warming statute (AB 32, enacted in 2006). Yet despite the fact that …


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