Environmental Policy Commons^™

Law On The Half Shell: Applying A Right-To-Farm Framework To Virginia's Aquaculture Industry, Matt Woodward, Andrew Corso

William & Mary Environmental Law and Policy Review

Adapting the state’s existing RTF [Right-to-Farm] regime to include aquaculture has the potential to help Virginia navigate an array of economic and legal challenges. This Article examines the intersection of RTF law and aquaculture and discusses the role that RTF law may play in encouraging Virginia’s expanding aquaculture industry. Part I offers an overview of RTF laws and their operation in Virginia. Part II discusses aquaculture generally and Virginia’s expanding aquaculture industry. Part III documents problems faced by aquaculture producers in Virginia under Virginia’s existing RTF law. Part IV details related challenges facing the industry. Part V concludes by detailing …

Forest Offsets In The California Carbon Market: Challenges Of A Market Based Climate Solution, Eric Warmoth

CMC Senior Theses

Within California’s cap-and-trade program, forest offsets allow landowners to earn carbon credits for protecting forests that sequester carbon and sell these credits to polluters that can then emit one additional ton of carbon. The state’s top regulator, the California Air Resources Board (CARB), is tasked with overseeing cap-and-trade and the forest offset system. CARB is currently updating the state’s Climate Change Scoping Plan to set California on track to achieve its 2030 climate goal of reducing greenhouse gas emissions to 40% below 1990 levels. CARB is approving forest offsets that overestimate emissions reductions, while allowing companies to continue polluting in …

Delegating Climate Authorities, Mark P. Nevitt

Faculty Articles

The science is clear: the United States and the world must take dramatic action to address climate change or face irreversible, catastrophic planetary harm. Within the U.S.—the world’s largest historic emitter of greenhouse gas emissions—this will require passing new legislation or turning to existing statutes and authorities to address the climate crisis. Doing so implicates existing and prospective delegations of legislative authority to a large swath of administrative agencies. Yet congressional climate decision-making delegations to any executive branch agency must not dismiss the newly resurgent nondelegation doctrine. Described by some scholars as the “most dangerous idea in American law,” the …

The Sec’S Climate Disclosure Rule: Critiquing The Critics, George S. Georgiev

Faculty Articles

Climate change is an existential phenomenon, which entails a wide variety of physical risks as well as sizeable but underappreciated economic risks. In March 2022, the U.S. Securities and Exchange Commission (SEC) moved to address some of the information gaps related to the effects of climate change on firms by proposing a rule that requires public companies to report detailed and standardized information about important climate-related matters for the benefit of investors and markets. Though the rule proposal was welcomed by many market participants, it was also met with a level of opposition that was unusual in both its intensity …

Beliefs, Information, And Institutions: Public Perception Of Climate Change Information Provided By Government Versus The Market, Cherie Metcalf, Jonathan R. Nash

Faculty Articles

Despite scientific consensus over the threat posed by climate change, governmental actions remain modest or stalled, often because of profound societal polarization: more liberal individuals tend to accept climate change as real, anthropogenic, and as posing a substantial (if not existential) threat, while more conservative individuals tend to doubt such assertions. The standard explanation for this phenomenon is that liberals tend to believe government-provided information—as information about climate change tends to be—while conservatives tend to doubt it. Commentators suggest that market-generated climate change information would more likely sway conservatives.

But this assertion lacks any empirical support. This Article explores this …

The Atlantic Surfclam Fishery And Offshore Wind Energy Development: 2. Assessing Economic Impacts, Andrew M. Scheld, Jennifer Beckensteiner, Daphne M. Munroe, Eric N. Powell, Sarah Borsetti, Eileen E. Hofmann, John M. Klinck

CCPO Publications

The Atlantic surfclam (Spisula solidissima) fishery generates approximately USD 30 million in landings revenues annually, distributed across ports throughout the US Mid-Atlantic and Northeast. Overlap between areas of Atlantic surfclam harvests and offshore wind energy leasing make the fishery vulnerable to exclusion and effort displacement as development expands in the region. An existing integrated bioeconomic agent-based model, including spatial dynamics in Atlantic surfclam stock biology, heterogeneous captain behaviour, and federal management processes, was extended to incorporate costs and revenues for fishing vessels and processors and used to evaluate the potential economic effects of offshore wind development on the …

Climate Trailblazer Or Corporate Giveaway: An Economic And Political Evaluation Of Cap-And-Trade In California, Benjamin Reicher

Pomona Senior Theses

In this thesis, I conduct an economic and political analysis of California’s cap-and-trade program, the leading national (and international) example of a market-based strategy to reduce climate-warming greenhouse gas emissions. I evaluate the program on several economic and political measures of success, especially as contrasted with the performance of various regulatory policies that California also relies on to meet its emissions reduction targets. These regulations exemplify a command and control approach to emissions mitigation as opposed to a market-based approach, and indeed tend to be favored by grassroots activists who may be skeptical about market-friendly policies; my thesis seeks to …

Looking To The Future Of Wildlife Conservation: Durable Wildlife Policy For The 21st Century, Charlie R. Booher

Graduate Student Theses, Dissertations, & Professional Papers

Wildlife conservation in the United States was built by the dollars of consumptive users. Monies from the sale of hunting licenses, as well as excise taxes on firearms, ammunition, and archery tackle through the Pittman-Robertson Federal Aid in Wildlife Restoration Act (PR), currently fuel a complex system of wildlife conservation via multiple levels of government. However, the number of hunters in this country is rapidly declining, the sale of firearms and ammunition is increasingly unrelated to hunting, and contemporary consumers tend to express different values than traditional hunters. These changes pose significant challenges of relevancy and funding to state and …

Plant-Frugivore Interactions Across The Caribbean Islands: Modularity, Invader Complexes And The Importance Of Generalist Species, Maximilian G.R. Vollstädt, Mauro Galetti, Christopher N. Kaiser-Bunbury, Benno I. Simmons, Fernando Gonçalves, Alcides L. Morales-Pérez, Luis Navarro, Fabio L. Tarazona-Tubens, Spencer Schubert, Tomas Carlo, Jackeline Salazar, Michel Faife-Cabrera, Allan Strong, Hannah Madden, Adam Mitchell, Bo Dalsgaard

Biological Sciences Faculty Publications

Aim: Mutualistic interactions between plants and animals are fundamental for the maintenance of natural communities and the ecosystem services they provide. However, particularly in human‐dominated island ecosystems, introduced species may alter mutualistic interactions. Based on an extensive dataset of plant–frugivore interactions, we mapped and analysed a meta‐network across the Caribbean archipelago. Specifically, we searched for subcommunity structure (modularity) and identified the types of species facilitating the integration of introduced species in the Caribbean meta‐network.

Location: Caribbean archipelago (Lucayan archipelago, Greater Antilles, Lesser Antilles).

Methods: We reviewed published scientific literature, unpublished theses and other nonpeer‐reviewed sources to compile an extensive dataset …

Evaluating The Impact Of Off-Farm Decisions On Federal Government Program Utilization And Financial Success For Missouri's Beginning Farmers, Lyndsey Ann Parker

Graduate Theses/Dissertations

Farmers and ranchers will have to increase production by approximately 70% by the year 2050 according to the American Farm Bureau Federation (2017). People in the agriculture industry face several challenges from start-up costs to limited land availability (Ahearn, 2011). There are federal and state government programs available to assist with some of these challenges but bring their own hardships as well. This study measures off-farm decisions that affect financial performance and utilization of government programs for Missouri’s farmers and ranchers. Three types of financial performance of Missouri farms are prioritized in this study, liquidity (current ratio), solvency (debt-to-asset ratio), …

Fig Leaves, Pipe Dreams, And Myopia: Too-Easy Solutions In Environmental Law, Albert C. Lin

University of Colorado Law Review

Much of environmental law and policy rests on an unspoken premise that accomplishing environmental goals may not require addressing the root causes of environmental problems. For example, rather than regulating risks directly, society may adopt warnings that merely avoid risk, and rather than limiting plastic use and reducing plastic waste, society may adopt recycling programs. Such approaches may be well-intended and come at a relatively low economic or political cost. However, they often prove ineffective, or even harmful, and they may mislead society into believing that further responses are unnecessary.

This Article proposes the concept of "too-easy solutions" to describe …

Can Nature Tourists Police Themselves? Comparing Eco-Pledges In The United States And Palau, Marcia Moana Levitan-Haffer

University of Colorado Law Review

No abstract provided.

(Re)Empowering The Community: A Case Study Of Namibia's Legal Evolution Of Wildlife Governance, Stefan Carpenter

William & Mary Environmental Law and Policy Review

This Article will introduce the theoretical foundation of the CBC [Community-Based Conservation] approach. It will then use Namibia as a case study to both: (a) illustrate the sort of historical, political, and economic drivers that motivate the adoption of CBC across the global south, and (b) highlight the existence of potential structural weaknesses present in even the most lauded CBC programs. Finally, this Article will present some of the common theoretical and results-based criticisms of CBC and discuss broader lessons that can be drawn from the Namibian experience. The analyses in this Article draw from academic literature, Namibia’s statutes and …

From The Northern Plains To The Carolina Coast: An Environmental Perspective On Nationwide Injunctions, Daniel Z. Tick

William & Mary Environmental Law and Policy Review

This Note offers a perspective on nationwide injunctions informed by a selection of environmental cases from roughly the last two decades. In doing so, it attempts to draw broader conclusions about when, if ever, federal courts should prohibit the enforcement of environmental policies nationwide. This Note proceeds as follows: Part I defines “nationwide injunction,” discusses the recent history of nationwide injunctions against the federal executive branch, and describes the absence of a clear legal standard governing nationwide relief. Part II examines six environmental cases in which plaintiffs have sought, or federal courts have ordered, nationwide relief. Part III suggests that, …

Diagonal Federalism: How States Should Respond To Inconsistent Federal Climate Change Mitigation Policy, Michael Arnone

William & Mary Environmental Law and Policy Review

This Note will argue that diagonal federalism—a model of governance in which states partner with one another and local governments to pursue shared policy goals—is an ideal response to inconsistent climate change mitigation policy by the Federal Government. Part I provides an overview of the foundations of American environmental policy, how that policy is predicated on federal-state partnership, and the historical precedent for state-led action on climate change mitigation policy. Part II discusses how and why federal environmental policy, and by extension, federal climate change mitigation policy, has been so inconsistent. Part III illustrates how collaboration between the Federal Government …

The Resilience Adaptation Feasibility Tool (Raft) As An Approach For Incorporating Equity Into Coastal Resilience Planning And Project Implementation, Juita-Elena (Wie) Yusuf, Tanya Denckla Cobb, Elizabeth Andrews, Sierra Gladfelter, Gray Montrose

School of Public Service Faculty Publications

As coastal communities across the U.S. and worldwide undertake efforts to enhance their resilience to coastal hazards, they must do so while ensuring that all voices are heard, addressing and preventing disparate impacts, and, ultimately, increasing resilience in an equitable way. The Resilience Adaptation Feasibility Tool (RAFT) assists coastal communities in incorporating equity into resilience planning and implementation of projects to increase resilience. The RAFT includes social and economic dimensions in assessment of resilience and focuses on how localities can build resilience equitably. The RAFT process has three phases -- a scorecard assessment, development of a resilience action checklist that …

The Decline Of Lake Superior's Woodland Caribou: A Historical Gis Analysis, Jordan W. Kelley

Dissertations, Master's Theses and Master's Reports

Lake Superior’s woodland caribou have been declining since the early 1800s. This thesis asks: why? We hypothesize that as settlers expanded into the region, industrial development in woodland caribou habitat reduced woodland caribou persistence. Using an Historical Geospatial Information System (HGIS) analysis, we find that historical mining and railroad infrastructure are associated with woodland caribou extirpation, while wetlands and protected areas are associated with caribou persistence. We also conducted a stakeholder synthesis of the region to help understand diverse perspectives within and between advocacy coalitions that take different positions on the most effective caribou restoration policies. Beliefs on recovery options …

Improving Energy Stewardship At Michigan Technological University’S Athletic Complexes, Cynthia L. Pindral

Dissertations, Master's Theses and Master's Reports

Athletics departments are showcases for universities, serving as a public face and recruitment outlet that communicates university identity to the world. This applied research project examines the state of electrical energy infrastructure at Michigan Technological University with special attention to the Athletic Department and reports on the process for energy decisions in both settings. I take a qualitative research approach analyzing University documents and conducting interviews with informants in Athletics Administration, Facilities, and MTU’s Office of Sustainability and Resilience. Four major barriers to efficiency emerged: (1) lack of University-wide climate action goals, (2) staffing issues due to a large number …

Integrating Carbon Pricing Approaches, Amay Shah

CMC Senior Theses

Concerns about global climate change and its effects have been steadily growing around the world in recent years. The Paris Agreement has laid out ambitious targets for countries to cut their emissions in order to limit global warming to 1.5 degrees and to achieve net zero emissions by 2050. Carbon pricing mechanisms are an inventive instrument that can help achieve these emissions reductions by placing a price on greenhouse gas emissions, creating incentives for organizations to reduce their emissions. These mechanisms can also help enable the transfers from wealthy nations to developing nations that will be essential for ensuring a …

Transformation Of Farmer Resistance In Conservation Areas: Land Occupation By Farmers In Mount Halimun-Salak National Park, West Java, Sulastri Sardjo, Arya Hadi Dharmawan, Dudung Darusman, Ekawati Sri Wahyuni

Masyarakat: Jurnal Sosiologi

A number of studies have shown various agrarian conflicts as a response by local farmers against the policy of national parks that prohibits them from accessing conservation forest areas. However, previous studies had not explained the dynamics of power relations between park authorities and farmers who stand in opposition to these policies. This study employs a qualitative research approach complemented by secondary data to explain the transformation of farmer resistance in the Mount Halimun-Salak National Park (TNGHS) area, namely from their repertoire of everyday resistance to practices of land occupation. Specifically, this study uses the “powercube” analytical framework to explain …