Subjects -> ENVIRONMENTAL STUDIES (Total: 925 journals)
    - ENVIRONMENTAL STUDIES (822 journals)
    - POLLUTION (31 journals)
    - WASTE MANAGEMENT (18 journals)

ENVIRONMENTAL STUDIES (822 journals)            First | 1 2 3 4 5     

Showing 801 - 378 of 378 Journals sorted alphabetically
Weather and Forecasting     Hybrid Journal   (Followers: 41)
Weather, Climate, and Society     Hybrid Journal   (Followers: 14)
Web Ecology     Open Access   (Followers: 3)
Wetlands     Hybrid Journal   (Followers: 24)
Wilderness & Environmental Medicine     Hybrid Journal   (Followers: 2)
Wildlife Australia     Full-text available via subscription   (Followers: 1)
Wiley Interdisciplinary Reviews - Climate Change     Hybrid Journal   (Followers: 33)
Wiley Interdisciplinary Reviews : Energy and Environment     Hybrid Journal   (Followers: 8)
William & Mary Environmental Law and Policy Review     Open Access   (Followers: 1)
World Environment     Open Access   (Followers: 1)
World Journal of Entrepreneurship, Management and Sustainable Development     Hybrid Journal   (Followers: 4)
World Journal of Environmental Engineering     Open Access   (Followers: 1)
Zoology and Ecology     Hybrid Journal   (Followers: 2)
Землеустрій, кадастр і моніторинг земель     Open Access   (Followers: 1)
气候与环境研究     Full-text available via subscription   (Followers: 1)

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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]
  • "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
  • Mother Nature Needs Her SOX: Reviewing the Impetus and Goals of the
           Increased Financial Regulations of the Sarbanes-Oxley Act and How They
           Parallel the Needs of Today's Environmental Protection Agency

    • Authors: Scott Meyer
      Abstract: As climate change and natural disasters appear to be increasingly prevalent across the United States, the question of how to respond to these threats looms large. Arguably, the Environmental Protection Agency (“EPA”) represents the tip of that responding spear. The agency, literally dedicated to protecting the environment, is positioned to drive industry environmental standards, set sustainable metrics, and even determine thresholds for habitable life.Looks can be deceiving, though. This Note examines the current state of the EPA, and the minimal effect it currently has on penalizing and deterring industry environmental degradation. It specifically focuses on a number of high-profile use cases of industry pollution, and the EPA’s response. Based on the apparent impotence of those responses, this Note then draws a direct parallel to the Securities and Exchange Commission (“SEC”) during the late nineties and early aughts, before the Sarbanes-Oxley act was passed.The corporate incentives of violating the EPA standards today directly parallel the incentives of businesses committing securities fraud back then. In short, there lacked a sufficient deterrent to counterbalance the incentives of increasing shareholder value through any means (even illegal ones).After the financial world was rocked with the repeated scandals of corporations like Enron, Worldcom, Tyco, etc., Congress responded by passing the Sarbanes-Oxley Act. The Act has three key objectives that resonate with today’s EPA: 1) clearer accountability; 2) expanded criminal liability; and 3) enhanced criminal penalties. The Sarbanes-Oxley Act worked because it drove accountability into the executive boardroom.The final piece of this Note replicates the model of Sarbanes- Oxley and examines the implications of a similar act in the context of the EPA through the same use cases detailed above. While the Sarbanes- Oxley Act was directed to protecting shareholder value, the EPA equivalent would have an even broader mandate, protecting the world itself.
      PubDate: Wed, 05 May 2021 13:08:03 PDT
  • Consumer Electronic Right to Repair Laws: Focusing on an Environmental

    • Authors: Joshua Turiel
      PubDate: Wed, 05 May 2021 13:08:00 PDT
  • Bird-Safe Buildings Act: Ready to Take Flight

    • Authors: Kerry Sean Cooney
      PubDate: Wed, 05 May 2021 13:07:56 PDT
  • Under the River and Through the Common Law: Analyzing the Impacts and
           Propensity of State Adoption of the PPL Montana Navigability-for-Title

    • Authors: Jessica Kraus
      PubDate: Wed, 05 May 2021 13:07:53 PDT
  • Integrated Estuary Governance

    • Authors: Mary Jane Angelo et al.
      Abstract: Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, we offer a new approach, which we refer to as Integrated Estuary Governance. Our proposal incorporates elements of other approaches that have been demonstrated to be essential in managing natural systems in general and that have particular applicability to estuarine systems.Through in-depth case studies, we examine existing estuary programs established pursuant to the Clean Water Act’s National Estuary Program through the lens of Integrated Estuary Governance. This evaluation reveals a strong link between successful estuary management and the employment of a robust Integrated Estuary Governance approach. Extrapolation of this approach to other estuary management programs, and to other ecosystem management programs in general, in a deliberative and methodical fashion may result in greater success in protecting, managing, and restoring important ecological resources while, at the same time, ensuring that community social and economic values are protected.
      PubDate: Wed, 05 May 2021 13:07:49 PDT
  • Ground Zero: The IRS Attack on Syndicated Conservation Easements

    • Authors: Beckett G. Cantley et al.
      Abstract: On June 25, 2020, the Internal Revenue Service (“IRS”) announced a settlement initiative (“SI”) to certain taxpayers with pending docketed cases involving syndicated conservation easement (“SCE”) transactions. The SI is the current culmination of a long series of attacks by the IRS against SCE transactions. The IRS has recently found success in the Tax Court against SCEs, but the agency’s overall legal position may be overstated. It is possible that the recent SI is merely an attempt to capitalize on leverage while the IRS has it. Regardless, the current state of the law surrounding SCEs is murky at best. Whether a taxpayer is contemplating the settlement offer, is currently involved in an unaudited SCE transaction, or is considering involvement in an SCE transaction in the future, the road ahead is foggy and potentially treacherous.This Article attempts to shed light on the obstacles that face SCE transactions. This Article: (1) provides an overview of SCE transactions and the main attacks against them; (2) analyzes each of the IRS’s main attacks and the relevant issues that arise; (3) illustrates the relevant pro-taxpayer and anti-taxpayer cases on each issue; (4) discusses the subsequent considerations that taxpayers need to take into account and the future outlook of SCE; and (5) concludes with a summary of the Article’s findings.
      PubDate: Wed, 05 May 2021 13:07:45 PDT
  • A "Directed Trust" Approach to Intergenerational Solidarity in American
           Environmental Law and Policy: A Modest Proposal

    • Authors: Lucia A. Silecchia
      PubDate: Wed, 05 May 2021 13:07:42 PDT
  • U.S. Property Law: A Revised View

    • Authors: Kamaile A.N. Turčan
      PubDate: Wed, 05 May 2021 13:07:38 PDT
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