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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
1

A legal and economic analysis of the Virginia Chesapeake Bay Preservation Act

Richardson, Jesse J. 12 September 2009 (has links)
This paper focuses on the Virginia Chesapeake Bay Preservation Act (the Act), the regulations promulgated thereunder and several questions arising from an examination of the Act and regulations. Specifically, the analysis examines the agricultural provisions within the regulations and asks whether the provisions are economically desirable, as well as legally enforceable. The provisions of the Act and the regulations constitute the major focus of Chapter One. Chapter One's discussion concludes with an analysis of the regulations’ main pollution prevention tool, the vegetative buffer strip, and a brief listing of various issues and controversies involving the Act and the regulations. Chapter Two introduces a linear programming model designed to determine the most cost-effective means of pollution control based on farmer profits under several regulatory scenarios. The results imply that the mandatory provisions of the regulation prevent farmers from achieving the desired level of pollution reduction in the least costly fashion. The takings issue, a major concern for all environmental legislation, forms the major focus of Chapter Three. This analysis considers the provisions of the Act and regulations within the historic context of the takings clause of the Fifth Amendment of the United States Constitution, as well as the takings clause of the Virginia Constitution, and determines the legal validity of the provisions. Finally, Chapter Four presents several criticisms of the regulations as presently constituted. Suggestions for a more cost effective regulatory scheme conclude the analysis. / Master of Science

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