Tragedy of the Wetlands Commons: What The Virginia Nontidal Wetlands Resources Act Says About the Future of Environmental Regulation

Abstract

This article considers questions of environmental law and federalism with respect to wetlands regulation. It seeks to challenge the conventional wisdom that federal regulation generally leads to the strongest protection for natural resources, and encourages environmental advocates to seize opportunities for victories at the state level. Using the Virginia Nontidal Wetlands Resources Act of 2000 as a case study, the article attempts to show how state leadership can lead to more robust safeguards for protecting environmental values.