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Articles 1 - 8 of 8
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Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis
Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis
Golden Gate University Law Review
This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental …
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Golden Gate University Law Review
This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …
A New Story Of David And Goliath: The Alien Tort Claims Act Gives Victims Of Environmental Injustice In The Developing World A Viable Claim Against Multinational Corporations, Pauline Abadie
Golden Gate University Law Review
Part I of this Comment provides a general background highlighting the tentacular role that multinational corporations play in our "globalized" world. Part I also stresses the link between extractive industries, environmental destruction and human rights violations, and uses three cases recently brought in U.S. federal courts against multinational corporations to illustrate such linkages. Part II provides general background information regarding the ATCA, its application and circumstances of its passage. Most important, Part II discusses the general opacity surrounding the birth of the ATCA and concludes that such nebulous origins contributed to the confusion practitioners meet today in its application. Part …
Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen
Golden Gate University Law Review
This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.
Do Two Wrongs Make A Right? Adjudicating Sustainable Development In The Danube Dam Case, Stephen Stec
Do Two Wrongs Make A Right? Adjudicating Sustainable Development In The Danube Dam Case, Stephen Stec
Golden Gate University Law Review
The dispute between Hungary and Slovakia over the construction of a system of barrages on the Danube presented an extraordinarily complex set of facts of a technical nature, especially with respect to the assessment of the potential environmental impacts of the project. The case presented an opportunity for the consideration of the extent to which environmental concerns could justify the substantial reformation or termination of a treaty-based regime. In so doing the ICJ could give shape to developing concepts such as sustainable development and the precautionary principle. As the dispute involved the unilateral diversion of the Danube by Czechoslovakia, the …
A Deeper Shade Of Green: The Evolution Of Cuban Environmental Law And Policy, Fredric Evenson
A Deeper Shade Of Green: The Evolution Of Cuban Environmental Law And Policy, Fredric Evenson
Golden Gate University Law Review
This article provides a brief history and general overview of Cuba's environmental legal system describing the contemporary framework of environmental laws, and the governmental and non-governmental institutions responsible for its creation, implementation, and enforcement. To illustrate how Cuba's environmental regulatory scheme is designed 'to operate, focus is directed on environmental requirements of foreign investment projects and the related fields of environmental licensing, environmental impact assessment, state environmental inspection, and civil responsibility. This article concludes that Cuba's new framework environmental law and revised institutional structure are significant expressions of the government's desire to protect the environment. The recent changes in these …
Citizens For A Better Environment V. Union Oil Company Of California: Keeping Citizen Suits Alive In The Face Of Inadequate State Government Enforcement, Frank M. Howard
Citizens For A Better Environment V. Union Oil Company Of California: Keeping Citizen Suits Alive In The Face Of Inadequate State Government Enforcement, Frank M. Howard
Golden Gate University Law Review
This note examines the Ninth Circuit's ruling on Union Oil's settlement payment and the comparability of the applicable state law to the Clean Water Act's administrative penalties provision. In so doing, this note also offers background on the Clean Water Act's citizen suit and administrative penalties provisions and discusses their applicability to the Ninth Circuit's holding.
Did United States V. Hayashi Fail To Provide A Safe Harbor For Marine Mammals Under The Marine Mammal Protection Act?, April Fisher, Amber A. Bell
Did United States V. Hayashi Fail To Provide A Safe Harbor For Marine Mammals Under The Marine Mammal Protection Act?, April Fisher, Amber A. Bell
Golden Gate University Law Review
This note focuses on one such instance where a court erred in interpreting a key term in the MMPA. In United States v. Hayashi, the Ninth Circuit, sitting en bane, found that a fisherman who shot at porpoises to deter them from his catch did not commit a "taking" under the MMPA. The court held that to constitute a criminal "taking" under the MMPA, harassment of a marine mammal must entail direct and serious disruptions of normal mammal behavior. This decision may result in further exploitation and suffering of marine mammals.