Mar 17 2013

2013 W&M Environmental Law Symposium: Day 2

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Day two of the Environmental Law Symposium focused on the non-profit’s role in environmental progress, the TMDL program’s affect on localities, and sea level rise. Below are summaries of the day two speakers.

Peggy Sanner

Ms. Sanner’s presentation laid out the history of menhaden regulation through the current legislation implementing the ASMFC‘s new cap. She talked about how regulation for menhaden going through the legislature has caused problems in advancing protections for the fish outside of when it is required by the ASMFC, backed by the federal government. However, in this legislative session the new cap sailed through the general assembly with no votes against it. Ms. Sanner praised the general assembly for stepping up in this way.

Shana Jones

Ms. Jones gave an overview of the regional impacts of the TMDL, saying that a collaborative approach between nonprofits, government, and the people will be needed to make them effective. This is because the new pollution reductions need to be accomplished by a large variety of people in the community changing their behavior. She used the example of Lynnhaven River Now, which was formed to encourage citizens to take action to reduce pollution to the Lynnhaven River. They were so successful that the river went from 1% compliance with pollution standards to 40% compliance in only a few years. This demonstrates the power of government collaboration with non-profit groups.

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Mar 17 2013

2013 W&M Environmental Law Symposium: Day 1

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The 2013 W&M Environmental Law Symposium, organized by the Environmental Law and Policy Review, Virginia Coastal Policy Clinic, and the Environmental Law and Policy Review, was held on March 15th and 16th. We had an excellent discussion about legal and policy issues facing the Chesapeake Bay, including the TMDL and sea level rise. Below are summaries of the speakers’ presentations.

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Joe Maroon

Mr. Maroon opened the Symposium with an overview of the history of the Chesapeake Bay starting with the first Chesapeake Bay Agreement in 1983 until today and the start of the TMDL (Total Maximum Daily Load). He praised the CB Partnership for making a lot of progress since its inception but indicated we still have a long way to go. He also said that over the years some have questioned if the annual governors’ meeting on the Chesapeake Bay was merely a photo op, but that he believed they are  incredibly important in bringing leaders together to talk about the Bay. Now, the TMDL is a big step forward for restoration because of the accountability measures, transparency, two-year milestones and possible federal backstops to require action.

Robert Nelson

Professor Nelson presented his paper called “Saving the Chesapeake Bay TMDL,” which criticized the TMDL for failing to implement an adaptive management strategy and stated that long-term blueprints with specific numbers don’t work well for issues that have uncertainties. He also argued that the cost of the TMDL hadn’t been considered but should have been. Finally, Professor Nelson proposed that the TMDL should be reworked to focus mostly on reducing pollution in agriculture and requiring a 150% offset for new development.

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