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Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Golden Gate University Law Review
In Goodstein v. Continental Casualty CO., the United States Court of Appeals for the Ninth Circuit held that the diminution in sale value of property due to pollution does not constitute "property damage" under a comprehensive general liability insurance policy where the sale contract did not require the buyer to remediate as a condition of the sale. In so holding, the court found that diminished property value is not "physical injury to tangible property," nor is it "damage" that the "insured shall become legally obligated to pay" because of "property damage." However, without determining whether the mere designation of property …
Environmental Law Summary, Tatiana Roodkowsky
Environmental Law Summary, Tatiana Roodkowsky
Golden Gate University Law Review
No abstract provided.
Recycling: Problems And Proposals, David E. Neal, George A. Mealy
Recycling: Problems And Proposals, David E. Neal, George A. Mealy
Golden Gate University Law Review
No abstract provided.
A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles
A Wrong Turn Crushes Protective Air Regulations: American Trucking Ass'ns V. Epa, Deborah Nicole Behles
Publications
This Comment analyzes whether American Trucking correctly concluded that the NAAQS informal rulemaking procedure, specifically the 1997 PM revision process, lacked an "intelligible principle" in violation of the nondelegation doctrine. Part I outlines the judicially imposed restraints on agency rulemaking and describes the history of the NAAQS revisions, particularly the revised PM standard. Part II describes American Trucking and discusses the reasoning behind the court's challenge to find an "intelligible principle" for the NAAQS revisions. Part III argues that American Trucking erred because the EPA did follow an "intelligible principle" when it promulgated the 1997 revised PM standards. This Comment …
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Uproar At Dancing Rabbit Creek: Battling Over Race, Class & The Environment, Colin Crawford
Publications
For the first five years of the 1990's, Noxubee County, Mississippi experienced a deeply divisive battle over the proposed siting there of one of the nation's biggest toxic waste dump and incineration facilities. Noxubee County, which is nearly 70% African-American, is also desperately poor. The fight over the proposed waste facility was in part a question of jobs versus environmental protection yet, as the selection below suggests, the waste fight was also influenced by long-standing animosities and social divisions-factors that, in my view, have been insufficiently appreciated by environmental justice activists and environmental lawyers alike.