Publisher: College of William and Mary   (Total: 5 journals)   [Sort by number of followers]

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William & Mary Bill of Rights J.     Open Access   (Followers: 6)
William & Mary Business Law Review     Open Access   (Followers: 3)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 1)
William & Mary J. of Women and the Law     Open Access   (Followers: 2)
William and Mary Law Review     Open Access   (Followers: 5)
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William & Mary Environmental Law and Policy Review
Number of Followers: 1  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1091-9724 - ISSN (Online) 1943-1104
Published by College of William and Mary Homepage  [5 journals]
  • Encouraging Sustainable Innovation: Is There Room for a Post-Grant
           Environmental Challenge in American Patent Law'

    • Authors: Samuel Habein
      Abstract: This Note examines potential changes within the American patenting system that might renew the U.S. Patent and Trademark Office’s (“USPTO”) dedication to the promotion of progress through a post-grant environmental challenge to patents. There are many ways to encourage “green” innovation by challenging practices that harm the environment, but the patent system has a unique ability to discourage environmentally harmful innovation by refusing to grant exclusionary rights—rights that many industries require to thrive. However, a post-grant environmental challenge would undoubtedly disrupt the American patent system in severe ways that this Note does not address. Therefore, this Note is not arguing that such a challenge should be implemented, but serves the purpose of starting a discussion. Where can we find the tools to combat climate change' Here, this Note discusses how the existing incentives within the patent system could be manipulated to encourage sustainable innovation within industry.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:54:15 PDT
  • Gimme Shelter: Amending FEMA's Enabling Legislation to Permit Citizen
           Suits for Failures in Disaster Recovery Efforts

    • Authors: Zachary R.M. Outzen
      Abstract: This Note argues that democratizing the disaster relief process through enabling citizen suits against FEMA to timely deliver housing relief assistance is one potential solution to the immense problem at hand. This Note provides an overview of FEMA’s obligations to survivors of natural disasters under both federal law and evolving interpretations of binding international law. This Note asserts that FEMA’s repeated failure to deliver necessary disaster relief aid to these survivors constitutes violations of these obligations. This Note will then assert that the issue underlying these failures (i.e., flawed administrative and bureaucratic processes) is analogous to similar failures by environmental agencies. This Note will then propose that a citizen suit provision, similar to those under federal environmental law that have compelled agency action in the past, should be adopted to FEMA’s enabling legislation to remedy failures to meet their obligations. Finally, this Note will examine the application of citizen suits since their introduction to understand how such a provision may operate under FEMA’s enabling legislation, and to identify structural challenges faced by citizen suits that can be learned from to best ensure successful implementation moving forward.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:54:12 PDT
  • Casting Pearls Before Swine: Why the Public's Darling Right to
           Pollute Should Have Been Overturned in Recent SCOVA Decision

    • Authors: Thummim Park
      Abstract: This Note calls for the Virginia Supreme Court to recognize that a city’s right to freely pollute the public waterways is no longer valid under the Virginia Constitution, and to recognize that the line of Darling cases granting municipalities the public right to pollute waterways should have been overturned.Part I will set out the foundation for this Note. It will discuss the background of Johnson v. City of Suffolk, laying the context for this Note’s discussion. Part II will engage in an analysis of the rationale for Darling. It will contextualize and compare it to current understandings of the relevant doctrines. Part III will then assess how courts applied the Darling right in cases in light of changed environmental regulations and statutes. Lastly, Part IV will analyze Johnson, and discuss how the Darling right should have been applied, as opposed to how it was in fact applied.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:54:09 PDT
  • Incidental Take Under the Migratory Bird Treaty Act and How to Share the

    • Authors: Erika Bosack
      Abstract: 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 caused stark discrepancies between judicial circuits that cannot logically coexist. One interpretation must eventually win the day. The one that will promote biodiversity conservation and provide more certainty to facilitate renewable energy development is also the one that most aligns with the statute’s plain text: that the MBTA covers unintentional takings.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:54:05 PDT
  • The Promise and Perils of Textualism for Environmental Advocacy

    • Authors: Canaan Suitt
      Abstract: This Note argues that a reliance on textualist arguments to win environmental victories from conservative judges in the new judicial landscape involves a simplistic view of judicial decision-making, according to which a method of constitutional or statutory interpretation is dispositive of a given ruling. Methods of interpretation interact with other factors, including judges’ ideological and institutional commitments, in determining cases. Textualism is a method of constitutional interpretation favored by conservative judges, but it is also part of a broader suite of conservative commitments and attitudes that complicate the role of textualism and may counteract textualism’s perceived benefit for environmental causes. The upshot is that a strong focus on textualism as a way to cope in the new judicial landscape may do more harm than good for the goal of environmental advocacy.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:54:02 PDT
  • Stuck in the Net: Promoting Global Shark and Ray Populations Through
           National Sustainability Import Laws

    • Authors: Kelsey Peden
      Abstract: 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 against the import of endangered shark and ray species. While U.S. national trade laws put pressure on foreign nations to end the over harvest of shark and ray species, they do not solve the issues of by-catch or traceability that haunt the supply chain. This Article examines international regulations protecting shark populations as well as U.S. import laws on highly migratory animals, ultimately theorizing that trade regulations promoting sustainably harvested sea food are the most promising path to protect shark and ray species.
      PubDate: Fri, 02 Sep 2022 13:53:58 PDT
  • Quality Control: Potomac Riverkeeper v. Wheeler & Standards for
           Qualitative Citizen Water Quality Data in Virginia

    • Authors: Jacqueline Goodrum
      Abstract: 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 as to not only ensure DEQ’s valid use of such water quality-related data and information in supporting impaired waters determinations, but also enhance agency transparency in regulatory decision-making.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:53:55 PDT
  • Trust Issues: Using States' Public Trust Doctrines to Advance
           Environmental Justice Claims

    • Authors: Alicia Muir
      Abstract: The primary purpose of this Note is to evaluate a new method one could use to bring an environmental justice claim. This Note suggests that the solution can be found within the reinvigorated public trust doctrine. Instead of pursuing environmental justice claims on the federal level, plaintiffs could utilize the sleeping giant that is states’ public trust doctrines. Pennsylvania courts, the pioneers of this new path, held that its public trust should be evaluated using private trust law principles. By interpreting state-created public trusts through the lens of private trust concepts, citizens in a number of states are capable of bringing environmental justice claims, as beneficiaries, against the state, as trustee. Thus, environmental justice claims could evolve into a sophisticated breach of fiduciary duties claim. By raising environmental justice issues in state courts via a breach of fiduciary duty claim, plaintiffs will be able to raise socio-economic and racial issues and at the very least, force a greater evaluation process, without having to demonstrate an intent to discriminate.This abstract has been taken from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:53:52 PDT
  • 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

    • Authors: Ben Reiter
      Abstract: 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 amount of renewable energy resource potential that is located on their lands, and existing federal programs and policies that can be further leveraged for the development of renewable resources on Tribal lands.This abstract has been adapted from the author's introduction.
      PubDate: Fri, 02 Sep 2022 13:53:48 PDT
  • Racism and Toxic Burden in Rural Dixie

    • Authors: Mary Finley-Brook et al.
      Abstract: 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 areas sustaining patterns of discrimination toward minority and low-wealth families. These cases illustrate the impact of citizen science and community expertise needed to counter data inequities in permitting processes, and the need for geospatial mapping of toxic polluting sites as visual evidence of already existing adverse environmental health impacts. Participatory action research employs community-informed pathways to reverse disparities and promote meaningful engagement and fair treatment of rural populations. Market and power analyses of ten factors reveals ways landowners and communities are systematically and persistently disadvantaged, while examples of five pathways demonstrate necessary transformation.
      PubDate: Fri, 02 Sep 2022 13:53:45 PDT
  • Foreword to Environmental Justice in America: Where We Have Been & Can

    • Authors: Zachary R.M. Outzen
      Abstract: Recognizing that recent progress is only the beginning in a long journey to rectifying past environmental injustices, this Symposium was convened to ask two critical questions regarding the state of environmental justice in America today. First, how did we get here' Second, how do we move forward'With an eye to a future in which America lives up to Dr. Bob Bullard’s vision of environmental justice, the Symposium hosted four panel discussions, featuring scholars of legal and non-legal disciplines, attorneys and non-legal advocates, and the members of the marginalized communities on the front lines of the struggle for environmental justice.This abstract has been taken from the author's Foreword.
      PubDate: Fri, 02 Sep 2022 13:53:41 PDT
  • Table of Contents and Masthead (v. 46, no. 3)

    • PubDate: Fri, 02 Sep 2022 13:53:38 PDT
School of Mathematical and Computer Sciences
Heriot-Watt University
Edinburgh, EH14 4AS, UK
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