Environmental Policy Commons^™

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 …

Coastal Science For Resilience And Management At The Cape Hatteras National Seashore, Nc, Usa, Michael J. Flynn, Thomas R. Allen, Meaghan E. Johnson, David E. Hallac

Political Science & Geography Faculty Publications

National seashores are cherished public lands with rich environmental, cultural, and historic resources. The Cape Hatteras National Seashore is one such coastal asset that is both bountiful yet vulnerable, with historic lighthouses, critical habitats, and recreational amenities alike facing threats of sea-level rise and continual storm and climate change impacts. Over 3 million visitors to the Seashore in 2021 set an annual visitation record. Historic resources such as the Bodie Island Lighthouse and Ocracoke Lighthouse are among the most visited sites, yet these assets are also among those most vulnerable to flooding, compromised structural integrity, and reduced accessibility. Future challenges …

Municipal Waste In Southern Nevada: Understanding The Obsession With Garbage, Zachary Billot

Calvert Undergraduate Research Awards

This policy brief will analyze the current state of municipal waste, both residential and commercial, in Clark County Nevada. Southern Nevada’s reliance on inexpensive disposal of waste results in lack of support for sustainable investment in waste diversion programs. Clark County lags significantly behind the US in terms of recycling processing due to problems related to collection of materials and limited programs that divert food waste in a city reliant on casinos that dispose tons of food per day. A multifactor approach which includes education, investment in waste diversion, policy change for waste collection and cost, and management of waste …

Mapping The Political Shifts And Impacts Of The Climate Movement In The United States, Kevin Rissmiller

Government and International Relations Honors Papers

This study explores how organizations within the climate change movement accrue political power and impact federal politics in the United States. It uses twelve semi-structured open-ended interviews with national climate activists at eight organizations to map shifts within the movement. These interviews are paired with additional qualitative analysis of legislative, media, and political rhetoric to evaluate the impact of the movement on American politics. The climate movement’s impacts (establishing the Green New Deal as a legitimate policy vision, shifting the Democratic Party to the left on climate, and the passage of the Inflation Reduction Act) were made possible by a …

Grain-Washing: The Issue With Corn Ethanol As A Sustainable Aviation Fuel, Emily J. Rinn

Scripps Senior Theses

Decarbonizing the aviation sector remains one of the most prevalent obstacles in reducing the United States’ significant contribution to global greenhouse gas emissions. Launched in 2021, the Sustainable Aviation Fuel (SAF) Grand Challenge aims to supply enough fuel to meet 100% of demand by 2050 through reducing its production costs and enhancing its sustainable practices. Corn ethanol feedstock has been proposed to make up as much as half of all SAF production in the 2030 benchmark. This thesis explores the assemblage of corn ethanol – from its true environmental impacts, role in the future SAF market, to research claiming corn …

Politics And The Criminal Enforcement Of Superfund, Joshua Ozymy, Melissa Jarrell Ozymy

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

The Need For Additional Landslide Regulation: Examining Flooding Through A Case Study, Kristen Gartner

William & Mary Environmental Law and Policy Review

Natural disasters are increasing at an alarming rate. As of this writing, the top five deadliest disasters occurred after 1970, and the top five most economically devastating occurred in the years since 2005, with three of them occurring in 2017. These increasing storms are exacerbated by the worsening of climate change and global warming. The problem will continue to increase if federal and state governments fail to properly regulate and prepare for these natural disasters. This Note will specifically discuss the regulation and prevention of landslides by comparing them to the regulation of flooding. Other examples of natural disaster regulation …

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.

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 …

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 …

Climate Security Insights From The Covid-19 Response, Mark P. Nevitt

Faculty Articles

The climate change crisis and COVID-19 crisis are both complex collective action problems. Neither the coronavirus nor greenhouse gas (GHG) emissions respect political borders. Both impose an opportunity cost that penalizes inaction. They are also increasingly understood as nontraditional, novel security threats. Indeed, COVID-19’s human cost is staggering, with American lives lost vastly exceeding those lost in recent armed conflicts. And climate change is both a threat accelerant and a catalyst for conflict—a characterization reinforced in several climate-security reports. To counter COVID-19, the President embraced martial language, stating that he will employ a “wartime footing” to “defeat the virus.” Perhaps …

How Do Sustainability Stakeholders Seize Climate Risk Premia In The Private Cleantech Sector, Lingyu Li, Xianrong Zheng

Information Technology & Decision Sciences Faculty Publications

This paper explores the strategies and practices of capturing climate risk premia for venture capital (VC) fund managers and entrepreneurs in the private cleantech sector. It also examines the impact of the feed-in tariffs (FITs) policy on the management of cleantech investments. It is shown that a longer investment period, less investment capital in cleantech investment management strategies, and optimistic climate risk management practices will help investors to better capture climate risk premia. In fact, the FITs policy will give rise to VC fund managers and entrepreneurs having a positive view regarding the prospects of the cleantech sector, motivating them …

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 …

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 …

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 …

Quantifying The Carbon Stored And Sequestered By The Trees On Pomona College’S Campus, Paola A. Giron-Carson

Scripps Senior Theses

We are experiencing a climate crisis that must be confronted with strategic mitigation. Pomona College contributes to the climate crisis through its emissions for which there is a baseline record. However there is no baseline record of the climate mitigation currently performed by the trees on Pomona’s campus through carbon storage. This study seeks to determine a current baseline quantity of carbon stored and sequestrated by Pomona’s trees as well as possible courses of climate mitigation for Pomona College to take. Initial information gathering was conducted through interviews with several stakeholders. This study was conducted using data collected prior to …