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Showing 801 - 354 of 354 Journals sorted alphabetically
Veredas do Direito : Direito Ambiental e Desenvolvimento Sustentável     Open Access  
Veritas et Justitia     Open Access  
Verstek     Open Access  
Vertentes do Direito     Open Access  
Via Inveniendi Et Iudicandi     Open Access  
Vianna Sapiens     Open Access  
Victoria University of Wellington Law Review     Full-text available via subscription   (Followers: 10)
Villanova Environmental Law Journal     Open Access  
Villanova Law Review     Open Access   (Followers: 1)
Violence Against Women     Hybrid Journal   (Followers: 59)
VirtuaJus - Revista de Direito     Open Access  
Vniversitas     Open Access  
Vox Juris     Open Access  
Waikato Law Review: Taumauri     Full-text available via subscription   (Followers: 7)
Washington and Lee Journal of Energy, Climate, and the Environment     Open Access  
Washington and Lee Law Review     Open Access   (Followers: 2)
Washington Law Review     Free   (Followers: 2)
Washington University Global Studies Law Review     Open Access   (Followers: 7)
Washington University Journal of Law & Policy     Open Access  
Washington University Law Review     Open Access   (Followers: 2)
Wayne Law Review     Free  
Western Journal of Legal Studies     Open Access   (Followers: 1)
Western New England Law Review     Open Access   (Followers: 2)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 1)
William & Mary Journal of Women and the Law     Open Access   (Followers: 1)
William and Mary Law Review     Open Access   (Followers: 5)
Windsor Yearbook of Access to Justice / Recueil annuel de Windsor d'accès à la justice     Open Access  
Wirtschaftsrechtliche Blätter     Hybrid Journal   (Followers: 3)
Wroclaw Review of Law, Administration & Economics     Open Access  
Yale Journal of Law & the Humanities     Open Access   (Followers: 10)
Yale Journal of Law and Technology     Open Access   (Followers: 12)
Yale Journal on Regulation     Full-text available via subscription   (Followers: 19)
Yale Law Journal     Open Access   (Followers: 62)
Yearbook of European Law     Hybrid Journal   (Followers: 19)
Yearbook of International Disaster Law Online     Full-text available via subscription  
Yuridika     Open Access  
Zuzenbidea ikasten : Irakaskuntzarako aldizkaria     Open Access  
交大法學評論     Open Access  

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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]
  • Alternative Solutions for Government Intervention in Climate Crisis
           Markets: Price Gouging and the Pandemic Egg Market Case Study

    • Authors: S. Byron Frazelle
      Abstract: The cost of a thing is the amount of what I will call life which is required to be exchanged for it, immediately or in the long run. The incredible, edible egg.
      Fires in California, hurricanes along the Gulf, a worldwide pandemic—it is evident that the year 2020 was defined by great crises, most of which were direct results of or exacerbated by climate change. The effects of these crises on broader American society, in particular that of the COVID-19 pandemic, are just beginning to be realized. Nearly every aspect of American life has been impacted by the pandemic and by the corresponding responses of state and federal governments.
      Rapid price increases are a common thread linking environmental catastrophes of various causes. Environmental catastrophes, like hurricanes, droughts, and pandemics, all can create scarcity, causing prices to rise. Depending on the magnitude, these price increases may be characterized as “price gouging.” Price gouging as a practice, and crisis price increases more broadly, can take many forms, have varying causes, and are not infrequently the subject of litigation and academic controversy.
      The 2020 pandemic-induced price increases were unique in their sheer breadth: commodities from thermometers to toilet paper experienced nationwide price shocks, due to increased demand, challenges to supply chains, or both. The strain that the pandemic placed on the food supply was particularly unprecedented. Animal protein markets experienced never-before-seen challenges to their supply chains, while simultaneously dealing with skyrocketing demand. Of these commodities, the egg market experienced the most dramatic shift in price, with a consumer price index increase of 16.1% in April. The next highest increase was 4.3%, for the commodity category of meat, poultry, and fish.
      These commodity prices eventually leveled out, and by July even egg prices had returned to relative stability. Even so, four state attorneys general brought actions against egg suppliers for price gouging through the spring and summer of 2020. In addition, calls for federal price gouging legislation have been renewed along bipartisan lines, despite overwhelming distaste among neoclassical economists for the kind of price ceilings these laws create.
      Traditional economic critiques, however, have largely ignored the broader ethical, political, and moral concerns of politicians and voters that keep restrictions on price gouging popular. These concerns ensure that anti-price gouging laws are an indefinite fixture in American law. Litigation under anti-price gouging laws, however, is not the only option that federal and state governments have to prevent or mitigate crisis price increases.
      This Note uses the egg market as a case study to present four policy alternatives that state and federal governments may consider in addressing crisis price increases, rather than resorting to anti-price gouging litigation. Part I narrows the scope of discussion and defines price gouging, a term that can be emotionally charged. Part II tells the story of the 2020 egg market, which is both an intrinsically valuable case study and a useful model to frame policy alternatives. Part III examines the theoretical underpinnings of price gouging to develop a dichotomous framework with which to evaluate policy alternatives. Part IV presents and analyzes the four policy alternatives using this framework. The goal of this Note is to describe and analyze alternatives to litigation that will better resolve the concerns that anti-price gouging laws attempt to address.
      PubDate: Thu, 17 Mar 2022 13:47:51 PDT
  • Why the Congressional Review Act Should be Repealed

    • Authors: Alex Lipow
      Abstract: The Congressional Review Act (“CRA”) is a procedure that allows the political branches to quickly repeal certain regulations promulgated by administrative agencies without going through the arduous rule-making process traditionally required. Although it had been successfully used only once before 2017, President Trump and Republicans in Congress used the CRA to repeal sixteen regulations in 2017 and 2018 while President Biden and Democrats in Congress used the CRA three times in 2021. Because the CRA has been used rarely, and its central provisions are barely adjudicated in the judiciary, there are interesting legal questions about how expansively the law may be used.Whatever the legal uncertainties, the CRA degrades the federal regulatory system generally, and it has undermined environmental regulatory governance in particular. Using environmental regulation as a prism, this Note argues that Congress should repeal the CRA. If framed properly, repealing the CRA could be seen as supporting the interests of both environmentalists and business interests as the nation confronts climate change. In that vein, Part I of this Note provides a background of the CRA, including its mechanics and history. Part II of this Note argues that the CRA should be repealed for three main reasons. First, the CRA was poorly drafted and its future use will likely cause negative unintended consequences on the environment that may well take years to manifest. Environmentalists have better tools at their disposal to achieve their regulatory goals. Additionally, this Note argues that the CRA creates uncertainty for stakeholders, including both environmentalists and corporate interests, while simultaneously making it difficult for any administration to create long-term impactful policies to address controversial issues. Finally, the CRA has the potential to artificially stymie future legislation, specifically impairing support for environmental bills.
      PubDate: Thu, 17 Mar 2022 13:47:48 PDT
  • "Very Complex Questions": Zoos, Animals, and the Law

    • Authors: Dana Mirsky
      Abstract: In Sulawesi, Indonesia—forty-five thousand years ago, an artist painted what is now the world’s oldest known cave painting—a life-size image of a wild pig. Forty thousand years later, the elite of Hierakonpolis, Egypt, housed elephants, hippos, and baboons in the world’s oldest known zoo. Today, individuals keep exotic fish, reptiles, and birds as pets while zoos and aquariums display some of the largest and rarest animals on the planet. The human fascination with wild animals is clearly not a new phenomenon, but how and why we keep wild animals have evolved over time. Zoos in particular have changed dramatically just over the past few decades. Once filled with bare, concrete cages and focusing exclusively on human entertainment, the American zoological industry now prides itself on prioritizing animal welfare. Many zoos now house animals in naturalistic habitats and work hard to educate the public about conservation and wildlife issues in addition to contributing directly to global efforts to preserve endangered species and their environments.Although zoos and aquariums remain popular destinations, public backlash in response to the perceived welfare issues associated with keeping larger and more intelligent species in human care has escalated in recent years. In addition to boycotts, social media campaigns, and sensationalized documentaries, zoo and aquarium facilities also face a variety of legal challenges. This includes both legislation and litigation; animal rights groups regularly bring zoos and aquariums to court, often seeking to, inter alia, expand the legal scope of animal rights or prove animal mistreatment in a particular facility.Several federal statutes confer a variety of protections on animals both in and out of zoos. However, the structure and nature of these statutory schemes make lawsuits concerning alleged animal mistreatment challenging for courts as well as attorneys. In addition, animal facilities— such as zoos, aquariums, and sanctuaries—do not regulate or even define themselves or each other consistently. Misleading or inaccurate—but popular—ideas about the best so-called solutions for animals in zoos only add to the confusion. This Note uses both court cases and the example of the real-life “Free Willy” to explore this unique intersection of the legal system and the zoological industry, looking in particular at what courts and zoos can do if a facility does not adequately care for its animals.Plaintiffs in these animal mistreatment cases generally ask the court to order the transfer of the animals in question—often specifically to a sanctuary rather than a zoo; typically, plaintiffs also alternatively request that the court at least order the defendant facility to somehow remedy its treatment of the animals. On a few occasions, courts have granted such relief, requiring a facility to either surrender the animals or make specific animal husbandry changes. One particular request— for the transfer of one or more killer whales, or orcas to a “sea pen”—has not yet been granted. A sea pen is an offshore area—often a bay or partially enclosed area on a coastline—separated from the rest of the ocean by nets stretching from the sea floor to the ocean’s surface. Sea pens are often suggested as a potential “happy ending” for orcas in human care.This Note examines the advantages and disadvantages of these three options—transferring animals to a different facility (the “transfer option”), ordering a defendant facility to change its treatment of the animals (the “treatment option”), or moving orcas or dolphins to a sea pen (the “sea pen option”). Part I provides background on the oversight, regulation, and definition of animal facilities. Part II explores the transfer and treatment options, while Part III evaluates the sea pen option. The conclusion considers wider lessons to be learned from these case studies.
      PubDate: Thu, 17 Mar 2022 13:47:46 PDT
  • Enhancing the Weather: Governance of Weather Modification Activities of
           the United States

    • Authors: Manon Simon
      Abstract: In the context of climate change, weather modification by cloud seeding, and in particular, precipitation enhancement techniques, has gained a renewed attention from governments. In the United States, several states run weather modification programs to secure freshwater resources and increase both crop and hydroelectricity production. Weather modification techniques were developed post–World War II, and so were the legal arrangements that govern them. Since then, weather modification law has undergone little to no reform. California and Texas are two active users of cloud-seeding technologies but employ very different governance frameworks. This Article assesses the effectiveness of weather modification governance in these two states and argues that reforms are needed to align weather modification legal regimes to principles of environmental governance.
      PubDate: Thu, 17 Mar 2022 13:47:43 PDT
  • Southern Harm: Analyzing the Criminal Enforcement of Environmental Law in
           the Southern United States, 1983-2019

    • Authors: Joshua Ozymy et al.
      Abstract: When violations of environmental laws involve significant harm or culpable conduct, the application of criminal enforcement tools is required. Yet, our understanding of how environmental laws have been criminally enforced historically in the Southern United States remains poor. Our goal is to analyze historical charging and sentencing patterns and show the broader themes that emerge in environmental crime prosecutions over time in the region. Through content analysis of all 2,588 criminal prosecutions resulting from U.S. EPA criminal investigations, 1983–2019, we select all 799 prosecutions occurring in the Southern United States. Results show that 44% of prosecutions focus on water pollution, 19% on hazardous waste, 17% air pollution, and about 10% state-level violations. Total penalties assessed to all defendants at sentencing exceeded $1.43 billion in monetary penalties and about 2,750 years’ probation and 866 years’ incarceration. We conclude with forward-facing solutions towards improving environmental criminal enforcement outcomes including enhanced community policing, greater public salience for enforcement activities, and enhanced resources.
      PubDate: Thu, 17 Mar 2022 13:47:40 PDT
  • To Damn or Not Damn a Dam: Stakeholder Collaboration as a Tool for Dam

    • Authors: Alec D. Tyra et al.
      Abstract: Dams have played an integral role in the development and economic growth of the United States for centuries, and remain important fixtures in water and energy management. However, after standing for decades, aging dams across the country are deteriorating or creating harmful environmental impacts that have made them sources of contention in many river basins. Calls to remove certain dams have been growing and in recent years have particularly intensified with respect to some large federally owned or regulated hydroelectric dams. These larger dams are subject to ongoing environmental review under the National Environmental Policy Act. Nonfederally owned dams also are subject to review through the Federal Energy Regulatory Commission’s relicensing process, and federally owned dams are reviewed by the agencies that own and manage their operations, such as the U.S. Army Corps of Engineers or Bureau of Reclamation. As dams age, these environmental reviews are generating increasing discord and litigation among dam operators, landowners, local communities, Native American Tribes, and environmental activists. Fortunately, as experience in other areas of natural resource management has shown, collaborative governance regimes that replace or supplement traditional agency decision-making can often reduce conflicts in large multistakeholder settings. Among other things, well-structured stakeholder collaboration schemes tend to incorporate more diverse perspectives and increase public acceptance of agency actions. Recognizing these potential advantages, this Article argues that federal agencies should reshape dam relicensing and reevaluation policies to incorporate more collaborative elements and outlines specific strategies for pursuing that goal.
      PubDate: Thu, 17 Mar 2022 13:47:38 PDT
  • Turtles All the Way Down: A Clearer Understanding of the Scope of Waters
           of the United States Based on the U.S. Supreme Court Decisions

    • Authors: Jesse J. Richardson Jr. et al.
      Abstract: The meaning of “waters of the United States” under the Clean Water Act (“CWA”) has been debated in Congress, federal agencies, and courtrooms across the country for almost fifty years. Despite the longstanding attention to the term, most consider the term even more unclear today than in 1972 when the CWA was adopted. However, a methodical examination of the statutory and regulatory history and the U.S. Supreme Court decisions on the issue reveal more consensus than previously understood. In addition, this focused examination shows that the debate centers on one problem that the arguments rarely acknowledge: wetlands adjacent to a “tributary.” Specifically, litigants and agencies attempt to show that the wetland at issue lies close to some type of water, whether a ditch, drain, or creek. If that water eventually reaches a navigable water, no matter how indirect or attenuated the path, the wetland is arguably jurisdictional. This Article distills the issues and clarifies the agreements and controversies surrounding “waters of the United States.”The meaning of the phrase “waters of the United States” has been debated in the legislature, federal agencies, and courtrooms across the country since Congress adopted the CWA in 1972. The debate intensified beginning in 1985 and now forms the focus of much rule-making and litigation. Section 404 of the CWA prohibits the discharge of dredged or fill material into the “navigable waters.” Navigable waters mean the “waters of the United States, including the territorial seas.” The term waters of the United States, as used in the CWA, was not further defined by Congress.This Article first provides a brief overview of the history and background of the CWA and the regulations thereunder. The history reflects a shift in focus from commerce to environmental protection. U.S. Supreme Court case law interpreting the meaning of waters of the United States (“WOTUS”) is then examined. The Article then reviews the 2015 WOTUS Rule (“Obama Rule”) and the 2020 Navigable Waters Protection Rule (“Trump Rule”). The Article also explores the applications of deference to the agency in various cases and how judicial deference may evolve in the future. Given the attention of case law on the definition of tributaries and adjacency of wetlands to tributaries, those issues form the Article’s focus.
      PubDate: Thu, 17 Mar 2022 13:47:35 PDT
  • Table of Contents and Masthead (v. 46, no. 1)

    • PubDate: Thu, 17 Mar 2022 13:47:32 PDT
  • "There is No Planet 'B'": How U.S. Music Festival Production
           Companies Can Reduce Their Negative Environmental Impact by Incorporating
           as a Benefit Corporation

    • Authors: Bryce Ballard
      Abstract: The music festival industry in the United States is growing exponentially each year, both in terms of fan attendance and the money being produced by concession, merchandise, and ticket sales. However, there is also a growing realization that there are several negative externalities associated with the growth of the music festival industry, not the least of which is the environmental damage that follows in the wake of music festivals.The scene at most music festivals in the United States today is the same: a caravan of vehicles lined up single-file waiting to enter the campgrounds, camping tents of various sizes littered across the landscape, overflowing trash receptacles, plastic bottles strewn near the performance stages, and single-use food containers left behind as festival attendees leave the festival grounds in yet another massive car caravan. Music festivals today constitute a rite of passage of sorts for many of today’s youth, especially considering at least forty-five percent of the “millennial” generation in the United States attended at least one music festival in 2019. However, today, music festivals have also become synonymous with environmental degradation, attendee carelessness, and simply, waste. As this Note will argue, as environmental activist groups and others continue to pressure music festival organizers to adopt more eco-friendly policies, the solution to the growing list of environmental problems might lie in a policy already being adopted across the country: the incorporation of smaller music festival production companies as benefit corporations.This Note will argue that while a number of the larger music festivals in the United States have instituted policies to reduce their carbon footprints, the main strategy should be to focus on encouraging smaller music festivals to incorporate as benefit corporations. First, there will be a discussion of the historical development of the music festival industry in the United States since the 1950s as well as an overview of what benefit corporations are, how they operate, and why they are distinct from other types of corporations. Second, the issues associated with a music festival production company incorporating as a benefit corporation will be examined.Third, three examples will highlight how incorporation as a benefit corporation can be successful. Specifically, two U.S. music festivals and one Portuguese music festival will be analyzed. Fourth, two major U.S. music and arts festivals will be highlighted to show how non-benefit corporation- run music festival production companies can successfully operate environmentally sustainable festivals. Lastly, there will be a discussion of recent trends in the music festival industry, including the rise in the number of smaller music festivals incorporating as benefit corporations, the corporate restructuring of existing music festival production companies, as well as what the general public can do to increase awareness of the various environmental issues created by the U.S. music festival industry and how sustained efforts at the grassroots level can lead to systemic change in the future.
      PubDate: Wed, 09 Jun 2021 12:59:49 PDT
  • No Time to Waste: Can a State Prevent Nuclear Waste Transportation Within
           Its Borders Once Yucca Mountain Becomes Operational'

    • Authors: Ryan Franklin
      Abstract: Following the drop of the first atomic bomb over Hiroshima on August 6th, 1945, the United States seriously began contemplating the use of atomic energy not just as a weapon, but as an efficient energy source. President Eisenhower delivered his “Atoms for Peace” speech in front of the United Nations eight years later, effectively launching a massive American campaign to build numerous nuclear power plants to generate enough clean energy to power the entire nation. As these plants were being constructed, however, policymakers and lawmakers who were champions of this endeavor failed to consider the problem of nuclear waste generated by these plants. Unlike fossil fuel burning plants, where particulates are emitted into the air following combustion, burning uranium produces numerous volatile isotopes that are released into a retention pool within the confines of a nuclear plant.Although some of these isotopes can be recycled to produce more energy, a majority of these highly radioactive particles are eventually removed from the pool and stored in concrete casks on the grounds of the nuclear plant where they were produced. The half-lives of these isotopes, like uranium-235 and uranium-238, range from 700 million to four billion years. Despite these alarming statistics, none of the leading technicians or scientists running the “Atoms for Peace” campaign developed a comprehensive plan to contain nuclear waste for millions of years. Only following the partial nuclear meltdown at Three Mile Island in 1979, did the scientific community and prominent lawmakers start to seriously assess long-term challenges associated with nuclear waste storage.This Note will examine two legal challenges to Virginia that could arise once Yucca Mountain has been finalized as the permanent, highlevel nuclear waste repository for the United States. Regardless of the mode of ground transportation, high-level nuclear waste produced at Surry and Santa Anna will travel through the city limits of Richmond and cross the Blue Ridge Mountains into West Virginia based on current federal guidelines. The legal challenges would either be initiated by the United States in response to the Governor of Virginia declaring a statewide emergency or initiated by Virginia in response to a finalized promulgation of the Nuclear Waste Policy Act (“NWPA”). In either scenario, the first legal challenge would assess whether federal law preempted Virginia law and the second challenge would evaluate whether Virginia’s police power to protect the public health, safety, welfare, and morals of its residents would substantially interfere with the U.S. Constitution’s Commerce Clause. The Court would likely rule that federal laws, like the Atomic Energy Act of 1954 (“AEA”) and NWPA, would not preempt the Virginia Emergency Services and Disaster Law of 2000 (“Emergency Law”). However, the Court would likely strike down Virginia’s attempt to prevent the transportation of high-level radioactive waste within its borders due to preemption by the Hazardous Materials Transportation Act (“HMTA”) and Dormant Commerce Clause violations.Part I will discuss the history of how Yucca Mountain became designated as the only permanent repository for high-level radioactive waste.Part II will explore the main dispute over the legal authority of the Governor of Virginia to ban the transportation of nuclear waste within Virginia by an emergency declaration.Section A will analyze whether a state of emergency declaration in Virginia would be superseded by any federal law concerning nuclear waste, such as the AEA, NWPA, and HMTA.Section B will analyze whether a Virginia state of emergency declaration would withstand the Dormant Commerce Clause of the U.S. Constitution, assuming there was no federal preemption.The Conclusion will overview all the legal disputes that could arise of the Virginia Governor’s emergency declaration and reflect upon the current state of nuclear waste in the United States.
      PubDate: Wed, 09 Jun 2021 12:59:46 PDT
  • Slow and Steady Saves the Whales: Preventing Vessel Strikes on Whales in
           the Santa Barbara Channel

    • Authors: Anthony Cusato
      Abstract: “While in the life the great whale’s body may have been a real terror to his foes, in his death his ghost becomes a powerless panic to a world.” In the past, whales and humans (in boats) fought on the high seas. The humans fought for precious whale oil while the whales fought for their rights not to be murdered and turned into oil. While those days are mostly long gone, whales still face a serious threat of harm from humans in the form of vessel strikes, which is when a whale is struck by a vessel. Vessel strikes are an issue of particular concern off the coast of Central and Southern California, in an area known as the Santa Barbara Channel.The Santa Barbara Channel is a key natural corridor for commercial shipping and whale migration. Unfortunately, whales and commercial vessels come into contact too often and the results of these contacts are typically collisions resulting in the death of the whale. This Note will look at the background of vessel strikes in the Santa Barbara Channel, the current measures taken to prevent them, and how additional steps can be taken to protect whale populations in the area. Although action has recently been taken by the United States government to reduce the frequency of vessel strikes on whales in the Santa Barbara Channel, more action is necessary in order to protect whales. A new plan centered around a mandatory vessel speed restriction zone will help reduce the frequency of vessel strikes on whales in the Santa Barbara Channel.This Note will begin in Part I with a discussion of the background of the Santa Barbara Channel and vessel strikes in the Channel. This section will address the geography of the Santa Barbara Channel and why it is a heavy traffic corridor for ships and marine life. Then, in Part II, this Note will discuss the North Atlantic right whales and what has been done to protect them from vessel strikes on the East Coast. The North Atlantic right whales face similar issues with vessel strikes and there has been a more concentrated effort to reduce the frequency of those vessel strikes than in other areas of the country. This Note will look at the efforts made to protect the North Atlantic right whales as a key corollary for protections that should be applied to the Santa Barbara Channel. Then, in Part III, this Note will discuss the methods currently in place in the Santa Barbara Channel and why those methods are insufficient to properly address the issue of vessel strikes. In Part IV, this Note will discuss a new plan for reducing the frequency of vessel strikes in the Channel. The heart of the proposed plan is a permanent, mandatory vessel speed restriction zone in the Santa Barbara Channel. As part of the discussion of the new plan, this Note will address jurisdiction over the Santa Barbra Channel, enforcement issues, and potential penalties.
      PubDate: Wed, 09 Jun 2021 12:59:44 PDT
  • Not Approved for Human Consumption: A Study of the Denmark Water Crisis, a
           Call for Reforming the SWDA, and a Demand for Community Lawyering in Rural

    • Authors: Matthew Woodward
      Abstract: Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, “an estimated 16.4 million cases of acute gastroenteritis” are linked to public drinking water. For many Americans, drinking water—perhaps the most important cornerstone of human health—has become cause for concern.In Flint, Michigan, this concern turned to panic. In 2014, after toddlers began developing painful skin conditions, children fell seriously ill, and tap water emerged in the form of thick, orange-brown sludge, the people of Flint began to wonder: is there something in the water' What soon became known as the Flint Water Crisis drew new attention to the pitfalls of water system mismanagement. More recently, Newark, New Jersey, has endured its own water crisis, with levels of lead in the city’s drinking water among “the highest recently recorded by a large water system in the United States.” As in Flint, the response of Newark city authorities has only compounded the problem, with some residents drinking the tainted water for twenty-one months before receiving a water filter.Water issues in places like Flint and Newark have drawn deserved media attention and sparked a discussion of health, equity, and access in America’s cities. Missing from this discussion about America’s water management, however, are the nearly twenty percent of Americans that live in rural areas. In real numbers, this translates to roughly 60 million people who, like most other Americans, depend on public water supplies for survival.While Flint, Newark, and other big-city water crises may have justifiably increased awareness, the reality is stark: drinking water problems disproportionately affect rural areas over urban or suburban areas. Furthermore, research shows that within these disproportionately affected rural areas, it is specifically low-income communities which suffer from the greatest risk of ingesting unsafe water. The designation of “low-income, rural area” includes millions of people, making the problem of clean drinking water in these areas a profoundly impactful one.Through an analysis of ongoing drinking water issues in the rural community of Denmark, South Carolina, this Note presents a discussion of the hurdles America’s low-income, rural communities face in the fight for clean drinking water. Part I of this Note places Denmark and its water issues in context. Part II provides an overview of specifically low-income, rural challenges, arguing that a combination of ineffective enforcement under the Safe Drinking Water Act (“SDWA”) and inadequate responses to water issues have resulted in a uniquely rural water crisis nationwide. Part III documents these structural causes and responses to the water crisis in Denmark. Finally, Part IV advocates reforms to the SDWA and a strategy of community inclusion to secure clean water in Denmark and across rural America.
      PubDate: Wed, 09 Jun 2021 12:59:41 PDT
  • Congestion Pricing and the Opportunity to Confront New York City's
           Air Quality Emergency

    • Authors: Chad Hughes
      Abstract: Poor air quality in New York City is a public health emergency that disproportionately harms the city’s most vulnerable populations. Recent studies have found that exposure to particulate matter pollution previously thought “safe” causes significant damage to perhaps every organ of the human body. While New York City has reduced particulate matter exposure over the last decade, progress has stalled. In fact, climate change, the shift in the automobile market from sedans to SUVs and “light” trucks, and the federal pullback of environmental enforcement under Trump suggest that air pollution in New York City is likely to worsen.While the City has little control over global climate change, the federal government, or the automobile market, it has sweeping powers over its streets. Furthermore, New York City is set to become the first American city with a congestion tolling system. The pending implementation of congestion pricing offers policymakers the opportunity to rethink the access of private automobiles to New York’s core.This Article argues that the Metropolitan Transportation Administration should implement a variable congestion toll that is based, in part, on measures of local air quality. Furthermore, the City should act unilaterally to reduce automobile access to the core when local air quality reaches particularly dangerous levels. The Introduction presents these recommendations and evaluates the stalled progress on air quality in New York City. Part I reviews the alarming literature on the public health impact of air pollution with a particular focus on PM2.5. Part II provides a discussion of the legal authority and potential legal roadblocks for New York State to implement a variable congestion toll tied to air quality, and for the City to unilaterally ban certain private automobiles from the central business district during air quality emergencies.
      PubDate: Wed, 09 Jun 2021 12:59:38 PDT
  • Climate Change's Free Rider Problem: Why We Must Relinquish Freedom
           to Become Free

    • Authors: Natalie M. Roy
      Abstract: Despite the increasing urgency of climate change, countries continue to struggle to cooperate on even modest solutions. Of international accords that are successfully ratified, agreed-upon commitments are mostly hortatory and vague, succeeding only in engendering a fragmented, voluntary compliance scheme. Unsurprisingly, decades of tepid climate action and procrastination have begotten a staggering emissions gap for the world to close by 2030—requiring a collective greenhouse gas reduction of about fifty percent to limit global warming to the 1.5°C benchmark. Yet, global greenhouse emissions have generally risen, not fallen in the last decade, with 2018 marking a record high despite pledges made in compliance with the celebrated 2015 Paris Agreement. In short, international models of climate cooperation thus far have descriptively been unequal to the task of securing adequate global climate action. Once we recognize and agree that global warming cannot go unaddressed, the conclusion follows that change, perhaps of a radical nature, is required. This Article argues that decades of insufficient international cooperation militate against tweaking current models, and instead proposes a blueprint for a concrete, market-driven compliance scheme that, importantly, would be operative without a world government or divestment of individual sovereignty.
      PubDate: Wed, 09 Jun 2021 12:59:35 PDT
  • The Half-Earth City

    • Authors: Timothy Beatley et al.
      Abstract: At the intersection of the biophilic city and the global commitment to halt biodiversity declines lies the half-earth city.E.O. Wilson inspired the global effort to conserve and restore half the Earth, to sustain remaining biodiversity, necessarily focused on areas where the human footprint is small and the conversion of land to anthropogenic land use is less pronounced. However, given the increasing urbanization of the globe, cities must also play a central role in the conservation of global biodiversity. Holistic ecoregional planning must account for the impact of cities and work to ensure that urban areas are built in harmony with a world where nature receives half.Cities provide both a known challenge, but also lesser understood opportunities. Uncontrolled urban expansion and expanding ecological footprints are a primary driver of habitat loss and species decline. To the extent that these trends can be slowed or even reversed, cities can work to limit damaging impacts beyond the borders of cities. With their global economic influence, it is critical for cities to assume a leadership role in the stewardship of global biodiversity by participating in city-to-city diplomacy and supporting global commitments. Cities can contribute significantly to the half-earth vision by pursuing a more sustainable path of consumption, while also committing to a resolve to conserve irreplaceable biodiversity at the global scale.As growing science and the vision of the biophilic city suggests, cities can also provide for flourishing biodiversity within the borders of the city. Through the conservation of remnant habitat and the nurturing of unique human-influenced habitats found only in cities, new spaces and connections through and across the urban landscape can be forged.A central tenant of the biophilic cities’ vision is the acknowledgment that despite the many challenges presented by increasing urbanization, cities are laboratories for continued experimentation and identification of innovative means to balance an improved quality of life with continued flourishing of human and nonhuman species alike. The benefits derived from the integration of nature across the cities are well documented and manyfold. These include: improved health and wellbeing; increased community resilience in the form of the equitable distribution of critical infrastructure such as tree canopies; multimodal transportation; environmental benefits of enhanced stream health, improved water quality, and reduced flood risk; and the promotion of biodiversity through preserved and enhanced ecosystems and habitats. Thus, biodiversity conservation in the form of abundant and accessible nature is part of a larger biophilic city vision that seeks to reverse the negative trends of urban areas and “create healthy, resilient cities and towns for both people and biodiversity.”Indeed, cities are already at the forefront of biodiversity conservation and the goal of half-earth. The City of Boulder, Colorado, augments its own conservation within the city by building a seamless connection to surrounding national park and federal wilderness areas, and through these collective efforts more than half of the land within surrounding Boulder County is protected. Perhaps even more impressive is the feat of Singapore, a partner city in the Biophilic Cities Network, which has protected more than half of the city through a combination of large-scale, connected reserves and smaller scale neighborhood parks.This Article examines the law, policy and practices available to cities to nurture the unique biodiversity possible within urban landscapes and to contribute to the larger global effort to regenerate lost migratory pathways and core conservation areas, thereby contributing to the biophilic city and half-earth visions and halting the decline of global biodiversity.
      PubDate: Wed, 09 Jun 2021 12:59:32 PDT
  • Smart Cities and Sustainability: A New Challenge to Accountability'

    • Authors: Iria Giuffrida
      Abstract: From 1800 to today, the global population has shifted from only three percent living in an urban environment to well over fifty percent in 2020. As a result of urbanization, cities around the world struggle to manage traffic and waste, efficiently distribute utilities, and lower pollution to slow the progression of global warming. Smart city technologies have emerged as a tool to process cities’ various forms of data collected through networks of precisely placed sensors and map solutions to many of the environmental and social issues created by urbanization. For swelling metropolitan areas in the United States, China, and Europe as well as in developing countries like Kenya and India, the allocation of control over smart city technologies in private hands provides the necessary technical expertise and funding to make cities smarter and, therefore, more sustainable.However, smart cities gain insight of smart technologies at a cost. The question is whether this cost is clearly understood. An obvious cost is the loss of privacy, which is receiving much attention at academic as well as political levels. Another less obvious, but not less important, cost is the challenge to establish clear lines of accountability for decisions based on smart city technologies. Public mistrust in ubiquitous technology capable of surveillance is inextricably linked to transparency, critical in democratic systems. The question is whether these risks are necessary to achieve greater sustainability.This Article reviews the sustainability claims that smart cities promise while highlighting the issues raised by the privatization of large data collection, the exposure of personal data, and the datafication of citizens from the perspective of accountability. The Article will conclude with some observations on the challenge of establishing accountability in the context of smart cities governance.
      PubDate: Wed, 09 Jun 2021 12:59:30 PDT
  • Resilience Justice and Community-Based Green and Blue Infrastructure

    • Authors: Craig Anthony Arnold et al.
      Abstract: The environmental conditions of marginalized communities, particularly low-income communities of color, make those communities disproportionately more vulnerable to major disturbances and changes, such as climate change, health crises, pollution releases, disasters, economic shocks, and social and political upheaval. Many of the most important movements for justice with respect to environmental conditions, including environmental justice, disaster justice, and climate justice, are connected to broader movements for racial and social justice, asserting that Black and Brown lives matter. These movements seek to confront, dismantle, and reform systems of racism, colonialism, and structural inequality.In particular, low-income communities of color have inequitably less and worse green and blue infrastructure, such as parks and green spaces, trees, restored waterways, biotic stormwater controls, food gardens, and wetlands. In general, “green and blue infrastructure” is a public-policy term that refers to the biotic and aquatic conditions on which communities depend, and is considered roughly equivalent to the more business-oriented term “natural capital” and the more science-oriented term “ecosystem services.” Having disproportionately lower quantities and quality of green and blue infrastructure makes low-income communities of color more vulnerable and less resilient to disasters, pollution, climate change, and health stressors, than residents in higher-income White neighborhoods. For example, neighborhoods having too few parks and trees have higher rates of asthma and obesity and poorer mental and physical health among Black and Latino children. Low-income neighborhoods and neighborhoods of color are more vulnerable to urban heat island effects, heat waves, and heat-related deaths due to disproportionately less trees, vegetation, and green spaces. Low-income neighborhood residents typically do not receive the benefits of green and blue infrastructure policies that are designed to mitigate and prevent urban flooding, even though low-income people of color are substantially more likely to live in flood-prone areas.Public policies to remedy unequal green and blue infrastructure in low-income neighborhoods of color often fail because inequality and racism are deeply embedded in social systems and institutions. Top-down government decisions to create new green and blue infrastructure in these neighborhoods often fail to build neighborhood social capital (i.e., cooperation, trust, problem-solving, networks), empower the marginalized and oppressed residents, and address community-defined needs. New green and blue infrastructure either are neglected and degraded over time or displace existing residents through green gentrification, when new green and blue infrastructure stimulate external investment and land-development in the neighborhood, driving up property values and rents and driving out the low-income residents of color as their neighborhoods become whiter and wealthier. The interconnected environmental, economic, social, and political vulnerabilities of marginalized neighborhoods make them less resilient to shocks of all types, including well-intended but unjust government policies and investments.Co-governance of green and blue infrastructure, in which government agencies and grassroots neighborhood groups share decision-making authority and management responsibilities, offers systemic reform both to improve the community’s green and blue infrastructure and to empower low-income communities of color and build their resilience. This Article proposes a co-governance approach to seeking more equitable and community-based green and blue infrastructure in communities that have been marginalized by racism, structural poverty and inequality, colonial structures, pervasively unequal environmental, economic, social, and political conditions, and disproportionate vulnerabilities. A co-governance approach differs in certain ways from more government-oriented reforms, such as more equitable distribution of government-provided infrastructure, improved participatory processes for government decision-making, and legal accountability of the government for discriminatory decisions. A cogovernance approach also differs from typical approaches for devolving power from the public to private sectors, including public-private partnerships, community-provided infrastructure as a commons, and government support for private infrastructure having community benefits.Moreover, new co-governance structures must not only hybridize institutions of government-managed and community-managed resources, but also be characterized by “resilience justice”: systems-oriented principles and tools of racial justice, neighborhood empowerment, and community resilience. Government resources and authority are needed but should be integrated with bottom-up organizing and power. The concepts and framework of resilience justice are based on syntheses of over 300 studies of community resilience, as well as principles of human capabilities/ community-capacities justice and environmental justice.Part I of this Article describes what green and blue infrastructure are and their general benefits and specific contributions to the adaptive capacities of communities. Part I also summarizes and synthesizes the abundant literature on the disproportionately less and worse green and blue infrastructure in low-income communities of color, and the impacts on community capacities and vulnerabilities. Part II articulates the concept and principles of resilience justice by which green and blue infrastructure policy generally and co-governance reforms specifically should be evaluated. Part III describes the concept and features of co-governance, contrasting it with other governance responses to green and blue infrastructure inequities. Part IV features several case studies of co-governance arrangemen...
      PubDate: Wed, 09 Jun 2021 12:59:27 PDT
  • Digital Urban Agriculture as Disparate Development: The Future of Food in
           Three U.S. Cities Through the Lens of Stakeholder Perceptions, Networks,
           and Resource Flows

    • Authors: Michael Carolan
      Abstract: Urban agriculture takes many forms. Often, the term elicits images of raised beds, hoop houses, and, in those instances where topsoil is both present and non-contaminated, in-ground gardens—what I call traditional urban agriculture (“TUA”). But that imagery is changing, especially in some parts of the country where vacant space is scarce and land prices dear. In those instances, cities are seeing growth in digital urban agriculture (“DUA”). DUA, as defined here, refers to farming within urban and peri-urban areas that incorporates elements of automation, software, and/or silicon-based hardware into their operations. While this definition is not meant to draw a solid line between particular practices, allowing for a clean categorization across these two types, it does help distinguish between those systems that are more labor-intensive/less capital-intensive and those in possession of the opposite characteristics, namely, lower labor requirements but higher levels of capital investments, energy throughputs, etc. Although DUA often takes “vertical” forms, I prefer the modifier “digital” for analytic emphasis, noting that a farm operation’s height is a less significant independent variable than processes related to its silicon-based, data-intense, sunk-capital attributes.Scholarship looking at farming within urban and peri-urban spaces presents a mix of outcomes. On the one hand, examples can be pointed to showing its links to empowerment, food sovereignty, public health, improved educational and vocational outcomes, reductions in crime, and community nutrition. On the other hand, farming in the city has been associated with gentrification, as well as to the amplification of cultural, racial, and class distinctions within a community. The latter have been repeatedly linked to a phenomena known as the “growth machine,” which speaks to initiatives tied to an elite-driven coalition set on maximizing the city’s tax revenues whilst reinforcing the group’s privilege and status.Not surprising, then, in light of these varied outcomes, peoples’ perceptions of agriculture within urban and peri-urban spaces is equally mixed. Many view TUA as a productive, multifunctional use of vacant land in inner cities on the losing end of global macroeconomic structural change and demographic abandonment; this is a dynamic option to the decays associated with global flows. The sticking point, where there is one, tends to be on the temporality of these urban and peri-urban forms. Namely, is urban farming a viable long-term solution or just a temporary fix until something better presents itself' As farmers struggle to gain long-term, secure access to land in many cities, they are facing considerable resistance from many, often situated in influential positions of power. Those in these roles of authority and situated within organizations with access to capital and credit tend to view TUA as a temporary use of vacant land—a placeholder until an investment opportunity arises. A common tension then lies between those who view TUA as an important longterm solution for many inner-city problems and others who might value it in the immediate term but only until large transformational investments can be made upon those vacant pieces of land.I interrogate this tension and what it means for future community dynamics by drawing from eighty-two semi-structured interviews with community partners, investors, local food power brokers (e.g., chefs, politicians, developers), planners, and engineers involved in facilitating farming within their respective cities, which includes both TUA and DUA. Respondents were located in Denver (CO), New York (NY), and San Francisco (CA). I further supplement these data with notes taken during public forums and by analyzing the websites of organizations and business that respondents work for.Not all urban agriculture is equal, as we might guess, in terms of attachments to networks and resources. For instance, while those connected closely to organizations linked to economic development frequently view TUA as a temporary fix to the city’s ills, they alternatively view DUA quite differently, in some cases going so far as to refer to these platforms as the “ideal, long-term best use of currently vacant urban space,” to quote a developer from the below study. Alternatively, those linked with community organizations and with a history of social activism are shown to cast TUA as a long-term fix to many inner-city problems, whereas DUA risks making those problems worse.The Article begins by reviewing the literature as to the costs and benefits of urban agriculture. I then pivot to a discussion of methods where I provide an overview of the sample population as well as a description of the socio-organizational network analyses, which was conducted in parallel with the qualitative, face-to-face interviews. The findings are organized around the themes of perceptions, networks, and resources. I interrogate, in other words, respondents’ views toward various urban farming forms (Theme #1), their respective social networks (Theme #2), and what resources flow through these social groupings (Theme #3). These data paint a picture of a contentious future, as urban economic growth interests are shown to play a central role in urban food politics, perhaps even more so thanks to DUA.
      PubDate: Wed, 09 Jun 2021 12:59:24 PDT
  • Foreword: Sustainability in the City

    • Authors: Julia D. Mahoney
      Abstract: “Nature loves to hide,” observed ancient Greek philosopher Heraclitus roughly 2,500 years ago, and the worldwide “COVID-19” pandemic that followed the emergence of the novel coronavirus SARS-CoV-2 at the end of 2019 has served as a bracing reminder of humanity’s incomplete understanding of the natural world. The COVID-19 crisis has turned out to be more than a public health emergency rooted in natural causes, for the pandemic has revealed significant weaknesses in humancreated institutions, including those that govern and influence the urban areas in which most Americans now live.Of course, with crisis comes opportunity, and it seems highly plausible that the institutional failures that fueled the calamity of COVID- 19 contain within them the seeds of healthier, more resilient communities. The hope and expectation that it is possible for humans to learn from the past and build a better world inspired the William & Mary Environmental Law and Policy Review to sponsor a symposium on “Sustainability in the City.” Conducted virtually in February 2021, due to the ongoing pandemic, the symposium brought together law students, policy experts, and scholars with expertise in law, ethics, architecture, urban planning, sociology, business organizations, and economics. The result was a series of rich, fruitful exchanges about institutional design and the interactions of humans with nature, as well as four highly insightful and far-reaching articles, which are published in this issue.The articles produced for the symposium on “Sustainability in the City” address a range of important and timely issues, including the responsible use of novel technologies in the design and construction of “smart” cities, the challenges and opportunities afforded by innovations in urban agricultural practices, how cities can further biodiversity, and social justice considerations in the face of inequalities in “green and blue” (that is, biotic and aquatic) infrastructure. All offer distinct perspectives on the important role played by cities in preserving, modifying, and making constructive use of the natural world so as to ensure a sustainable future for later generations. The articles also offer a number of thoughtful proposals pertaining to legal reforms and public policy initiatives, as well as ideas for additional research and inquiry.
      PubDate: Wed, 09 Jun 2021 12:59:21 PDT
  • Table of Contents (v. 45, no. 3)

    • PubDate: Wed, 09 Jun 2021 12:59:18 PDT
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Heriot-Watt University
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