Environmental Policy Commons^™

Expanding Renewable Energy Tax Credits To Tribal Governments: How Current Legislative Proposals Will Benefit Tribes And Their Members In Their Continued Efforts To Address Climate Change, Ben Reiter

William & Mary Environmental Law and Policy Review

Part I of this Article will review the history of renewable energy tax credits in this country and how they have played such a prominent role in the United States’ efforts to address climate change. Part II of this Article will describe BBBA’s [Build Back Better Act] proposal to broaden the scope of entities— including Tribes—that can take advantage of renewable energy tax credits. Finally, Part III of this Article will argue that Tribes are uniquely positioned to take advantage of BBBA’s renewable energy tax credit direct pay proposal based on their demonstrated leadership in combating climate change, the significant …

Racism And Toxic Burden In Rural Dixie, Mary Finley-Brook, Environmental Justice Researchers

William & Mary Environmental Law and Policy Review

Rural pollution hotspots receive inadequate attention during impact assessments: low population density is strategically used to suggest rural areas lack critical importance. Local resistance led to a legal victory for Union Hill, Virginia, where a door-to-door household study of demographics and family heritage exposed data inequities and biases in state practices, establishing a precedent for attention to environmental injustice and disproportionate cumulative impacts on rural majority Black communities. Critical legal geographies of cases from Buckingham, Pittsylvania, and Charles City Counties in the Commonwealth of Virginia document patterns in the ways fossil fuel ‘sacrifice zones’ intersect with historic colonialism in rural …

Whither Rationality?, Shi-Ling Hsu

Michigan Law Review

A Review of Reviving Rationality: Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health. By Michael A. Livermore and Richard L. Revesz.

Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum

William & Mary Environmental Law and Policy Review

This Article explores the issue of quality of citizen data through the lens of Potomac Riverkeeper v. Wheeler, a recent impaired waters listing case concerning the Shenandoah River in Virginia. Part I of this Article provides a brief overview of citizen science data in regulation and policymaking under the CWA. Part II discusses Potomac Riverkeeper v. Wheeler, examining Virginia’s water quality-related data standards and DEQ’s use (and non-use) of citizen water quality-related data and information in that case. Finally, Part III argues that Virginia should establish clear, reasonable, and specific data quality standards for qualitative citizen data so …

Stuck In The Net: Promoting Global Shark And Ray Populations Through National Sustainability Import Laws, Kelsey Peden

William & Mary Environmental Law and Policy Review

Shark and ray populations are crucial to a healthy oceanic ecosystem, but regulation of harm is difficult to manage for these highly migratory species. The massive decline of shark and ray populations has triggered an international response, including collaborative protections against the overharvest and sale of endangered groups. However, recent studies show that protections must extend past direct harvest because an estimated thirty to fifty percent of population kills occur through “accidental by-catch” in the fishing process. The United States has attempted to fill some of the missing protections for sharks in national waters, as well as to implement bans …

Incidental Take Under The Migratory Bird Treaty Act And How To Share The Skies, Erika Bosack

William & Mary Environmental Law and Policy Review

This Note will focus on one piece of legislation that can protect birds from wind turbines: the Migratory Bird Treaty Act of 1918 (“MBTA” or “the Act”). The MBTA makes it illegal to hunt, kill, capture, import, export, sell, buy, pursue, possess, transport, or take a bird on the list of protected species, which covers hundreds of types of birds as well as their nests and eggs. The law forbids these acts in any manner, by any means, and at any time. The text itself does not explicitly state whether intentional and unintentional acts should both carry liability, which has …

In-Lieu Fee Program Case Studies: Lessons Learned For Potentially Expanding In-Lieu Fee Habitat Coverage In Virginia, Erika Bosack, Luke Miller

Virginia Coastal Policy Center

This white paper contains case studies of coastal ILF [in-lieu fee] programs across the United States: Maine Natural Resources Conservation Program (“MNRCP”), Northwest Florida Water Management District (“NWFWMD”) ILF Program, Keys Restoration Fund (“KRF”), Sacramento District California ILF Program, Maryland Department of the Environment ILF Program, and Virginia Aquatic Resources Trust Fund (“VARTF”). The Conclusion will provide general recommendations and questions to consider in deciding whether and how to implement an in-lieu fee program for wildlife habitats in Virginia. Each program has a unique regulatory structure and method for selecting projects on which to spend their funds. The programs do …

Abandoned And Derelict Vessels In The Commonwealth: How To Improve Virginia's Adv Program, Anthony Cusato

Virginia Coastal Policy Center

Vessels abandoned or lost by their owners can get stuck on a shoreline or in a marsh, aimlessly float adrift, or sink in a waterway. As the number of ADVs [abandoned and derelict vessels] increases, efforts to address them similarly intensify. Typically, state government agencies handle most ADVs, and their approaches to ADV control and removal vary widely across jurisdictions. Virginia faces an increasing number of ADVs and can learn from other states to improve its approach. This paper examines the current Virginia ADV program and considers how it can be amended to make it more effective. It then identifies …

Tribal Resilience And Community Plans: A Primer For Tribal Communities Looking To Create Their Own, Karly Newcomb

Virginia Coastal Policy Center

This paper serves as an overview of various Tribal resilience plans across the nation and community planning efforts in Virginia. Although each plan is particularly detailed to address one locality’s specified areas of concern, the plans are fully adaptable to meet any community’s particular needs. Additionally, the paper includes a synthesis of commonalities that these plans share with the goal of providing an overview of resilience plan options and strategies that can be used as a framework for Tribal communities looking to create their own plans.

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

Tribal Communities And State And Local Governments: Existing Relationships, Mikayla Mangle

Virginia Coastal Policy Center

Tribal and state/local governments have maintained a unique and crucial relationship throughout the United States’ history. Today, state and federally recognized Tribes sometimes face obstacles when attempting to implement projects due to state or local government opposition and vice versa. Federally recognized Tribes are sovereign, self-governing entities on equal footing with state governments. State recognized tribes, on the other hand, may not be equal to state governments, depending on the state laws regarding tribal state recognition. State recognized tribes do not have the same benefits as federally recognized tribes in that the tribe’s status is recognized by the state but …

A Study Of Tribal Communication Frameworks: Some Approaches To Building Partnerships Between Tribal, State, And Local Governments In Virginia, Karly Newcomb, Abigail Sisti

Virginia Coastal Policy Center

This paper discusses options the Commonwealth could consider when evaluating decision-making processes that affect tribes in Virginia, with the goal of improving communication and collaboration between tribal, state, and local governments; and will highlight key case studies from other states and localities that provide precedents. The following options are based on a framework of free, prior, and informed consent, which emphasizes self-determination and an individual right to pursue economic, social, and cultural development. This framework can be applied to decision making and projects for any topic. Moving forward, government-to-government communication will be key to developing solutions to pressing issues such …

Protecting Terrapins With Teds In Virginia: Lessons From Other States, Bridget Verrekia, Shelby Fuchs

Virginia Coastal Policy Center

This paper highlights case studies about other states' efforts to require or incentivize the use of TEDs [terrapin excluder devices] and recommends policies for Virginia to adopt that have proven successful elsewhere. First, it outlines the threats to terrapins at large, as well as the threat posed by commercial and recreational crabbing, specifically. Next, it details the efforts that other East Coast states have made to combat the problem, including policies that require or incentivize the use of TEDs on crab pots, and discusses the regulatory framework currently in place in Virginia. Finally, this paper concludes by analyzing the approaches …

The Future Of Multinational Accountability Within The Environmental Policy Nexus, Lauren Beasley

Independent Study Project (ISP) Collection

The purpose of this paper is to examine current international environmental policy shortcomings regarding multinational accountability, explore future legally binding options, and offer a resolution towards effective accountability mechanisms. To do so, it uses a two-part methodology composed of a comprehensive engagement with existing secondary sources from the academic literature and four interviews with experts in the field. The paper builds out considerations in seven key areas for normative consideration regarding the future of legally binding environmental policy. These considerations are hard law considerations in: International Law, International Human rights law, International Humanitarian Law, and International Environmental Law and procedural …

Destruction Is A Must-See: Coastal Heritage Site Erosion And Public Perception Of Climate Change, Haley Borowy

Senior Theses

Archaeological sites in South Carolina are vanishing. As sea level rise, and therefore coastal erosion, worsen, more sites will disappear. The questions of how erosion at these sites is measured and how the public perceives the effects of climate change have been studied separately, but not together. Here, the intersection of these is discussed, alongside how sites are portrayed affects how the public perceives them, and therefore their importance. Studies on measuring coastal erosion, local news reports, government documents, and public perception of coastal management and sea level rise illuminate how people eventually decide what is worth saving.

The Influence Of Regulatory Oversight On Environmental, Social, The Influence Of Regulatory Oversight On Environmental, Social, And Governance Ratings, John Torpey

All Faculty and Staff Scholarship

Firm performance in the specific areas of environmental stewardship, social responsibility, and corporate governance (ESG) has become an important criterion that investors use in determining a firm’s value. This empirical investigation, based on stakeholder theory examines the relationship between regulatory oversight and third-party ESG ratings. Our research methodology involved quantitative, observational, and retrospective analyses. The study population consisted of 471 firms from two heavily regulated industry sectors—the utility and financial sectors—and from two less regulated sectors—the information technology and consumer discretionary sectors. We compiled the ESG ratings for the firms from two independent rating services. The quantitative evaluation included multiple …

Streamlining Project Development Through Planning & Environmental Linkages, Karen Hadley, Brett Lackey

Purdue Road School

As transportation agencies continue to explore ways to be more efficient in the project development process, they are embracing integrated methodologies like planning and environmental linkages. This tool is practical, yet highly effective and inclusive, and teams across the country are experiencing its value. This presentation will highlight a variety of use cases, discuss lessons learned and best practices, and specifically address how planning and environmental linkages can be applied in Indiana and the Midwest.

Global Climate Governance: Rising Trend Of Translateral Cooperation, Nataliya Stranadko

Public Affairs and Policy Faculty Publications and Presentations

The transformation from the Kyoto Protocol to the Paris Agreement has been analyzed by international relations scholars, international law, and transnational governance theory. The international relations literature looks at the climate regime from a perspective of power distribution, state interests, institutions, and multilateral negotiations. International law theory focuses on legal analysis and design of international climate agreements. The transnational governance literature examines the participation of transnational actors at different levels of governance. However, each of these theories overlooks a bilateral trend of cooperation in a multilateral setting that arises as part of the construction or reconstruction of the international regime. …

Combatting Climate Change Through Conservation Easements, Claire Wright

Minnesota Journal of Law, Science & Technology

No abstract provided.

Dirtiest Cities In The Mountain West, 2021, Olivia K. Cheche, Kristian Thymianos, William E. Brown Jr., Caitlin J. Saladino

Environment

This fact sheet presents rankings of the dirtiest cities in the Mountain West, as originally reported by LawnStarter in “2021’s Dirtiest Cities in the U.S.” The original report examines various measures for 200 major U.S. cities. Twenty-five Mountain West cities are included in the original report and are showcased here.

Disturbance Reduces Fungal White-Rot Litter Mat Cover In A Wet Subtropical Forest, D. Jean Lodge, Ashley E. Van Beusekom, Grizelle González, Mareli Sánchez-Julia, Sarah Stankavich

United States Department of Agriculture, Forest Service / University of Nebraska-Lincoln: Faculty Publications

Fungi that bind leaf litter into mats and produce white-rot via degradation of lignin and other aromatic compounds influence forest nutrient cycling and soil fertility. Extent of white-rot litter mats formed by basidiomycete fungi in Puerto Rico decreased in response to disturbances—a simulated hurricane treatment executed by canopy trimming and debris addition in 2014, a drought in 2015, a treefall, and two hurricanes 10 days apart in September 2017. Percent fungal litter mat cover ranged from 0.4% after Hurricanes Irma and Maria to a high of 53% in forest with undisturbed canopy prior to the 2017 hurricanes, with means mostly …