Environmental Policy Commons^™

Environmental Assessment In A Time Of Rapid Change And High Uncertainty: The Addition Of Resilience Assessment To Nepa, Bronson J. Pace, Barbara A. Cosens

William & Mary Environmental Law and Policy Review

This Article turns to ecological resilience theory to understand the behavior of SES [socioecological system] undergoing change. Informed by the emergent and surprising behavior of these complex systems, this Article argues for the option of resilience assessment under NEPA [National Environmental Policy Act] for use in application to climate adaptation measures in the United States. The amendment also provides an alternative approach to pre-project judicial review to ensure legitimacy within a more flexible process.

To this end, Part I addresses why an alternative approach to environmental assessment is needed in the context of climate adaptation by providing an overview of …

The Tide's Coming In: A New Case For Beachfront Property Rights In South Carolina, Alex Boone

William & Mary Environmental Law and Policy Review

Part I of this Note explores the scientific data as it relates to the impending consequences of climate change on South Carolina’s coast and will introduce the disastrous scenarios that are predicted to arise as a result of rising sea levels and the accelerating strength and severity of extreme weather events. Part II compares the effectiveness of various coastal resiliency tools and highlights the regulatory framework that prohibits their use by beachfront property owners. Part III explores the topic of regulatory takings and their indirect prophylactic nature of protecting citizens from regulatory overreach and offers a case for a South …

Disclosing Esg Matters: Advancing Nonfinancial Policy Through The Sec, Anna Bailey

William & Mary Environmental Law and Policy Review

This Note argues that mandatory ESG [environmental, social, and governance] disclosure would be a valuable step in the larger fight against the deleterious effects of climate change. First, standardized disclosure would provide investors a better understanding of the climate risks associated with their investments by increasing the quality of that information supplied. This standardization would be a valuable driver in corporate behavior because mandated disclosure tends to result in shifts in corporate behavior. Previous examples of disclosure for nonfinancial risks, such as disclosure relating to state sponsors of terrorism and use of conflict minerals, illuminate how mandating ESG disclosure will …

The African Century: Renewable Energy Opportunities In Sub-Saharan Africa, Joshua Mackinnon

William & Mary Environmental Law and Policy Review

Even if the world’s developed nations are able to curb their carbon emissions in the coming years, major hurdles will still exist. One such hurdle is fulfilling energy needs in urbanizing areas, like sub-Saharan Africa. Many global regions are urbanizing but none as rapidly as sub- Saharan Africa. The global share of Africa’s urban residents is expected to grow from 11.3% in 2010 to 20.2% by 2050.

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While sub-Saharan African countries have peculiar social and economic characteristics, there are common elements that allow this Note to focus on the region as a whole. This general approach can be adjusted …

Sargassum Systems: A Comparative Analysis Of Policy Responses To The New Caribbean Seaweed Crisis, Leo Jobsis Rossignol

William & Mary Environmental Law and Policy Review

In light of the emerging policy responses to the Caribbean Sargassum crisis, it is crucial that in-depth comparative studies be taken to understand the effectiveness of those policies and their common characteristics. With that resource, policymakers will be able to learn from their neighbors more quickly and reduce the damage done by future Sargassum events, as well as adopt more unified data standards.

The United States has been slow to respond, despite the increasing damage to its Caribbean dependencies, like the U.S. Virgin Islands and Puerto Rico. This Note will show that because this problem is international in scope, the …

Potential Repercussions Of Offshore Wind Energy Development In The Northeast United States For The Atlantic Surfclam Survey And Population Assessment, Sarah Borsetti, Daphne M. Munroe, Andrew M. Scheld, Eric N. Powell, John M. Klinck, Eileen E. Hofmann

CCPO Publications

The Atlantic surfclam Spisula solidissima fishery, which spans the U.S. Northeast continental shelf, is among the most exposed to offshore wind energy development impacts because of the overlap of fishing grounds with wind energy lease areas, the hydraulic dredges used by the fishing vessels, and the location of vessel home ports relative to the fishing grounds. The Atlantic surfclam federal assessment survey is conducted using a commercial fishing vessel in locations that overlap with the offshore wind energy development. Once wind energy turbines, cables, and scour protection are installed, survey operations within wind energy lease areas may be curtailed or …

Integrating Human Dimensions In Decadal-Scale Prediction For Marine Social Ecological Systems: Lighting The Grey Zone, Jess Melbourne-Thomas, Desiree Tommasi, Marion Gehlen, Eugene J. Murphy, Jennifer Beckensteiner, Francisco Bravo, Tyler D. Eddy, Mibu Fischer, Elizabeth Fulton, Mayya Gogina, Eileen Hofmann, Maya Ito, Sara Mynott, Kelly Ortega-Cisneros, Anna N. Osiecka, Mark R. Payne, Romeo Saldívar-Lucio, Kim J.N. Scherrer

CCPO Publications

The dynamics of marine systems at decadal scales are notoriously hard to predict-hence references to this timescale as the "grey zone" for ocean prediction. Nevertheless, decadal-scale prediction is a rapidly developing field with an increasing number of applications to help guide ocean stewardship and sustainable use of marine environments. Such predictions can provide industry and managers with information more suited to support planning and management over strategic timeframes, as compared to seasonal forecasts or long-term (century-scale) predictions. The most significant advances in capability for decadal-scale prediction over recent years have been for ocean physics and biogeochemistry, with some notable advances …

Interactive Effects Of Climate Change-Induced Range Shifts And Wind Energy Development On Future Economic Conditions Of The Atlantic Surfclam Fishery, Stephanie Stromp, Andrew M. Scheld, John M. Klinck, Daphne M. Munroe, Eric N. Powell, Roger Mann, Sarah Borsetti, Eileen E. Hofmann

CCPO Publications

Rising water temperatures along the northeastern U.S. continental shelf have resulted in an offshore range shift of the Atlantic surfclam Spisula solidissima to waters still occupied by ocean quahogs Arctica islandica. Fishers presently are prohibited from landing both Atlantic surfclams and ocean quahogs in the same catch, thus limiting fishing to locations where the target species can be sorted on deck. Wind energy development on and around the fishing grounds will further restrict the fishery. A spatially explicit model of the Atlantic surfclam fishery (Spatially Explicit Fishery Economics Simulator) has the ability to simulate the consequences of fishery displacement …

The Hidden Role Of The “Co-” Paradigm In The Conceptualization And Application Of Living Labs, Madelina E. Dilisi

Dissertations, Master's Theses and Master's Reports

In the past two decades, the living lab has emerged as an innovative approach for addressing a wide range of issues. Living labs challenge traditional top-down research and development approaches in an array of subjects including climate change and sustainability, healthcare, information communication technology, and urban planning. Despite their growth, the current conceptualization of living labs is incomplete. The conceptual ambiguity surrounding living labs prevents researchers and practitioners from appreciating their true value, limitations, and appropriate applications. My thesis builds on Dekker et al.’s (2020) living lab research by including key concepts from the “co” paradigm literature that includes the …

Recommendations For The Operationalization Of A Loss And Damage Fund, Caelyn Smith

CMC Senior Theses

This thesis examines the several facets of the operationalization of the abstract and broad proposal of a “Loss and Damage Fund” following the 27th Conference of the Parties under the United Nations Framework Convention on Climate Change that took place in November of 2022. It examines the current mechanisms in place for developed nations providing climate finance to developing countries that are on the front lines of fighting a crisis heavily caused by historic reliance on and consumption of fossil fuels by wealthier, better-off nations. It delves into various criteria regarding which counties should share the burden and how much …

Pakistan, India And The Indus River Basin, Muquadas Ilyas

Dissertations and Theses

Water is a fundamental need of all living things. The right to clean water is classified as a human right under United Nations Resolution 64/292.As such it is the responsibility of governments to ensure its citizens are not deprived of this essential resource. In doing so, effective water management is crucial to provide clean water that is accessible to everyone regardless of any challenges such as geographical constraints or political disputes. This thesis explores the water management efforts of Pakistan and India. These countries are facing a water crisis, whereby numerous citizens have died due to dehydration and diseases contracted …

Out Of Sight, Out Of Mind: An Exploration Of Wastewater Issues And Possible Solutions In And Out Of Montana, Keely I. Larson

Graduate Student Theses, Dissertations, & Professional Papers

Larson, Keely, M.A., Spring 2023

Major:Environmental and Natural Resources Journalism

Out of sight, out of mind: An exploration of wastewater issues and possible solutions in and out of Montana

Chairperson: Dennis Swibold

Co-Chairpersons: Nadia White, Sarah Halvorson

This is a master’s project, featuring three stories, linked in theme. The first starts with a nationally scoped story about septic systems in resort towns and what happens when too many people want to visit areas like Cape Cod, the Florida Keys or, more locally, Seeley Lake, and overwhelm waste disposal methods. Often in these areas that are more remote, septic systems …

Water Stories: An Exploration Of Human-Water Connectedness In Ontario And The Implications For Water Sustainability, Tracey Ehl

Theses and Dissertations (Comprehensive)

Abstract

Water is the great connector. Water connects people, health, wellness, culture, spirituality, nature, and the economy. Clean, safe water (potable water) and sanitation were recognized over a decade ago by the United Nations General Assembly (UN) as a basic human right, and more recently the UN has also identified water sustainability and management as one of 17 sustainable development goals for all people in all countries. Water is inextricably connected to humans. Yet, in Ontario, Canada, a place with access to some of the largest freshwater reserves in the world, robust regulatory frameworks, involvement, some investment by all levels …

Climate Entrenchment In Unstable Legal Regimes, Martin Lockman

Faculty Publications

American climate law is the subject of serious and ongoing debate, and policy change is part of the ordinary process of democratic governance. However, in recent years some policymakers have deliberately undermined climate action by injecting legal instability into American climate law. This Essay addresses a simple question: how can Americans build necessary climate infrastructure in the face of an unstable political and legal regime?

Some readers may be shocked by this question. Indeed, this framing is intentionally provocative. However, this Essay recognizes a simple fact: not all American polities, and not all American policymakers, are trustworthy and predictable partners …

Challenges Of Nutrition In Malaysia: Poverty, Land Appropriation, And Indigeneity, Jeanie Kim

CMC Senior Theses

Malnutrition, especially in the form of wasting, stunting, and obesity, is disproportionately harming the Indigenous communities in Malaysia. Under the current legal system, Indigenous people receive little to no recognition and protection. Their land is often appropriated by the oil palm and dam industries, resulting in higher incidences of malnutrition and poverty. In order to improve the nutritional status of Malaysia as a whole, potential policies and programs include food fortification, crop diversification, and social safety nets. For the most marginalized communities, indigeneity and land restitution are analyzed as avenues to improve their livelihood.

The Stateless Agent: A Multidisciplinary Analysis Of Transboundary Air Pollution In The El Paso-Ciudad Juárez Region Of The U.S.-Mexico Border, Elizabeth Hernandez

CMC Senior Theses

The El Paso-Ciudad Juárez (EPJ) region has a history of nonattainment for ozone and particulate matter. Given transboundary air pollution in the EPJ region is not confined to the U.S.-Mexico border, it is important to implement a transnational response that accounts for the health and safety of everyone, including marginalized communities in EPJ. This thesis assesses the state of air quality and transboundary air pollution in the EPJ region through a multidisciplinary perspective that focuses on issues of data monitoring, environmental governance, and transnational environmental justice. Analysis of the quantity and placement of ambient monitoring stations reveals EPJ residents near …

Warehouses In The Inland Empire: Displacing Land And Life, Katherine Gelsey

Pomona Senior Theses

The Inland Empire in Southern California embodies unique spatial and social configurations as a consequence of how settler colonialism has manifested locally in the region since the Spanish Mission Period. This work uses GIS software to estimate patterns of land conversion for residential, agricultural, and warehouse land from 2012 to 2022. Preliminary analysis suggests that thousands of people have been displaced by warehouse expansion over the ten-year period. In the twenty-first century, the Southern California logistics industry continues processes of land dispossession and racialized labor exploitation through displacing agricultural and residential land, exposing disproportionately low-income Black and Latine communities living …

Potential For Policy Conflict Among Alligator Hunters In Texas, Usa, Christopher Serenari, Elizabeth N. Pratt, Abigail Meeks, Elena C. Rubino, Kristy L. Daniel

Human–Wildlife Interactions

Policy termination is a tool to ensure that antiquated or underperforming policies are updated or replaced. Understanding how terminating a policy might be received by core wildlife constituencies, such as hunters, is a critical insight to provide agencies and managers with the tools to make wildlife policy changes a more seamless process. However, this critical but negative policy approach is often overlooked in favor of investigating positive policy preferences (i.e., preferences for new policy). To help fill this gap, we applied the potential for conflict index (PCI₂) to data from a survey of 318 spring American alligator ( …

Accepting Change: Facets Of Acceptance & Sustainable Redevelopment, Zoe L. Ketola

Dissertations, Master's Theses and Master's Reports

As the effects of climate change worsen, it becomes increasingly apparent that just development efforts must be rooted in principles of sustainability and community engagement. This research addresses the role that acceptance plays within two different examples of sustainable redevelopment. The first empirical case examines acceptance of genetically improved trees among family forest owners. The second case explores policy acceptance of community-centric redevelopment of brownfield sites for renewable energy generation. This work uses a combination of survey data and document analysis to shed light on two specific forms of sustainable redevelopment and the consideration given to community priorities and acceptance …

Using Artificial Intelligence To Understand Environmental Policy Innovation Labs' Contribution To The Sustainable Development Goals, Sidney M. Mechling

Dissertations, Master's Theses and Master's Reports

Policy innovation labs (PILs) serve as centers of experimental innovation pursued by governmental, private, and non-profit entities that employ design-thinking methodology, scientific experimentation, and user-centric approaches (Wellstead et al., 2021). The multi-disciplinary expertise of policy innovation labs in social and economic topics equips them to offer policy recommendations addressing public issues, including environmental concerns. When designing innovative solutions, it is customary for policy innovation labs to provide substantial information and reports detailing their progress and methods. However, the wealth of information available becomes a challenge to fully divest in comprehending a lab's contribution to solving global issues. This report addresses …