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Articles 1 - 30 of 62
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Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson
Remediation For Pfas Contamination: The Role Of Cercla Enforcement In Environmental Justice, Amanda F. Watson
Georgia Law Review
PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects. As a result, the U.S. Environmental Protection Agency (EPA) has taken a variety of actions to address PFAS, including proposing to designate PFOS and PFOA, two chemicals in the PFAS family, as hazardous substances under CERCLA, or Superfund. CERCLA is the primary legal mechanism in …
Beyond Bake Sales: Environmental Justice Through Superfund Removal Actions, Clifford Villa
Beyond Bake Sales: Environmental Justice Through Superfund Removal Actions, Clifford Villa
Faculty Scholarship
Few people outside of EPA seem to be aware of the existence of the Superfund removal program, a program through which millions of dollars are allocated through EPA’s ten regional offices each year for cleaning up contaminated sites that are not designated 'Superfund' sites. This essay will provide a basic introduction to the Superfund removal program and particularly encourage consideration of Superfund removals to address growing concerns for environmental justice. Part II examines the legal authorities and limitations of the Superfund removal program. Part III provides examples of removal actions in environmental justice communities across the country. Part IV considers …
Don't Blame The Flint River, Clifford Villa
Don't Blame The Flint River, Clifford Villa
Faculty Scholarship
Since appearing in modern form fifty years ago, the Clean Water Act has proven a powerful force for environmental justice, helping to clean up urban waterways across the country. Through establishment of water quality standards and enforcement of regulatory requirements, the Clean Water Act has compelled public authorities and private companies to upgrade infrastructure and curtail
discharge of sewage and other industrial effluent. At the same time, urban communities have continued to struggle with water pollution beyond the reaches of the Clean Water Act. This Article briefly examines three such communities: the Anacostia area of Washington, D.C.; the neighborhoods along …
Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa
Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa
Faculty Scholarship
Did you know that the U.S. Environmental Protection Agency, through the Superfund program within each of the ten regional offices across the United States, has millions of dollars to spend each year for cleaning up contaminated sites that are not designated “Superfund” sites? Not many people seem to know that, even lawyers who practice in environmental law, or even law professors who teach it. If these elite folks do not know that, then how would ordinary community members know that, people with busy lives who don’t do Superfund for a living? The short answer is, they probably don’t know either.
Cercla Cleanup 2020.04.09 Response From Epa To Eljc Letter Dated Dec. 2019, United States Environmental Protection Agency
Cercla Cleanup 2020.04.09 Response From Epa To Eljc Letter Dated Dec. 2019, United States Environmental Protection Agency
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
ELJC’s Dec. 13, 2019 letter commented on EPA’s November 15 letter to the Navy regarding the Navy's draft evaluation of radiological soil remediation goals at HPNS. This is EPA’s response to the four concerns identified in that letter: consideration of the risk posed by homegrown produce; lack of health based support for remediation goal for radium-226; retesting’s use of methods to adequately detect pollution; and, the Navy’s repeated unfounded statements to the public that the remediation goals are protective.
Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore
Nothing Is Over: Ftca Claims For Toxic Torts On Native Lands, Jessica Ditmore
American Indian Law Journal
In 1976, Congress passed the Resource Conservation and Recovery Act (“RCRA”) to curtail the growing problem of disposing of hazardous waste and toxic substances generally. Decades prior, Congress established the Federal Tort Claims Act (“FTCA”) to hold the federal Government liable for tortious conduct the same way a private citizen would be. The federal government assumed the responsibility to ensure the wellbeing of Native Nations (“NN”). This is commonly referred to the “Trust Doctrine.” This duty stems from the settlement of Native American lands, and a recognition of the treaties entered into by the United States with a “moral [obligation] …
Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law
Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
December 13, 2019 letter to EPA providing additional comments on the Fourth Five Year Review and related documents which must analyze whether the cleanup is protective of human health and the environment: the Navy’s risk assessment should consider consumption of produce grown on the former shipyard; the Navy must provide rationale for the remedial goal used for radium-223; the retesting must use adequate sensitivity to detect radioactivity far below the current remedial goals which are not protective, and; the Navy continues to make unfounded assertions about the protectiveness of the remedy. (6 pages)
Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law
Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
November 7, 2019 letter to the Navy commenting on its Draft Addendum to the Five Year Review (evaluating radiological remedial goals for buildings), noting that the Navy’s process for calculating risk was inconsistent with EPA guidance in numerous instances, and resulted in underestimating risk to human health and the environment. Even so, the resulting risk was outside what EPA considers protective. (14 pages)
Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law
Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
October 14, 2019 letter to Angeles Herrera, EPA Region 9, Assistant Director, Superfund Division, Federal Facilities and Site Cleanup Branch, commenting that the Navy's protectiveness determinations are inconsistent with EPA's guidance and unsupported by the facts. (32 pages)
Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law
Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
September 6, 2019 letter to Derek J. Robinson, Navy BRAC Environmental Coordinator, providing comments from Greenaction regarding Navy' s Draft Addendum to Five-Year Review (Evaluation of Radiological Remedial Goals for Soil, Hunters Point Naval Shipyard). (25 pages)
Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law
Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
August 22, 2019 response from the Navy to Greenaction’s June 28 letter pointing to various inadequacies in the Navy’s review of protectiveness in the remedial design for the cleanup at the Shipyard. (2 pages)
Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law
Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
June 28, 2019 letter to Laura Duchnack, BRAC PMO, requesting meaningful public participation and challenging the use of RESRAD. (18 pages)
Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Bert Bowers in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Nrc Petition: Supplemental Filing No. 4, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing No. 4, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
June 21, 2019 filing to NRC: Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Nrc Petition: Supplemental Filing 4 Exhibit 7 - Declaration Of Steven J Castleman, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing 4 Exhibit 7 - Declaration Of Steven J Castleman, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Steven J. Castleman in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Nrc Petition: Supplemental Filing 4 Exhibit 4 - Mclaughlin Declaration, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing 4 Exhibit 4 - Mclaughlin Declaration, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Kevin McLaughlin in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Cercla Cleanup 2019.03.15 Parcel G Plan Supplemental Comments, Golden Gate University School Of Law
Cercla Cleanup 2019.03.15 Parcel G Plan Supplemental Comments, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
March 15, 2019 letter to Derek Robinson, HPNS Navy BRAC Environmental, providing comments to the Draft Final Parcel G Removal Site Evaluation Work Plan, Former Hunters Point Naval Shipyard, San Francisco, California, November 2018. (26 pages)
Cercla Cleanup 2019.02.05 Navy Prg Calculations, Golden Gate University School Of Law
Cercla Cleanup 2019.02.05 Navy Prg Calculations, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
February 5, 2019 letter to Thomas A. Macchiarella, BRAC PMO, requesting that the Navy release its Preliminary Remediation Goal calculations to the public related to the Parcel G Work Plan and Five Year Review and reopen public comment on these documents. (4 pages)
Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law
Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Request to the Navy to release various calculations and inputs relied upon when using the EPA’s PRG calculator to assess risk to human health and the environment in its ongoing work to remediate contamination at the shipyard.
Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law
Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license.
Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law
Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter to the Navy providing specific, critical comments on its Draft Fourth Five Year Review. (52 pages)
Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law
Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Response from the CA Department of Public Health related to its testing for hazardous materials left at Parcel A.
Cercla Cleanup 2018.08.14 Comments To Draft Parcel G Work Plan, Golden Gate University School Of Law
Cercla Cleanup 2018.08.14 Comments To Draft Parcel G Work Plan, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter to the Navy providing specific, critical comments on its draft Parcel G Work Plan. Comments categories include requesting: the Navy share all substantive elements of its plan with the public before closing the public comment period; the Navy retest all areas where Tetra Tech worked; adequate oversight to ensure fraud is not repeated; update to remedial plans to reflect facts now in the record including Tetra Tech’s fraud and potential impacts which flow from that fraud; stop improperly modifying remedial goals, and; update plan for establishing radiological background levels. (27 pages)
Cercla Cleanup 2018.08.13 Letter To Request That Navy Release Supporting Documents, Golden Gate University School Of Law
Cercla Cleanup 2018.08.13 Letter To Request That Navy Release Supporting Documents, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Request to the Navy to release various sampling plans which were referenced in the Draft Parcel G Work Plan, but were not released to the public, thus limiting the ability to evaluate and provide meaningful comments on the Parcel G Work Plan.
Cercla Cleanup 2018.08.01 Letter To Nancy Pelosi, Golden Gate University School Of Law
Cercla Cleanup 2018.08.01 Letter To Nancy Pelosi, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter to Democratic Leader of the U.S. House of Representatives, Nancy Pelosi, listing concerns about the integrity of the ongoing cleanup at Hunters Point and asking her to support transparency in the Navy’s cleanup operations.
California Department Of Public Health Petition To Revoke Tetra Tech's State Radiological License, Golden Gate University School Of Law
California Department Of Public Health Petition To Revoke Tetra Tech's State Radiological License, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license, based on the same evidence submitted to the U.S. Nuclear Regulatory Commission in the petition to revoke Tetra Tech’s federal license and subsequent supplements to the original Petition (June 28, 2017) and supplements to the Petition.
Nrc Petition Supplemental Filing 3 2018.07.23, Golden Gate University School Of Law
Nrc Petition Supplemental Filing 3 2018.07.23, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including findings from the Navy and EPA reviews of Tetra Tech’s data from the cleanup.
Cercla Cleanup 2018.07.13 Comments To Cdph Parcel A Scanning Plan, Golden Gate University School Of Law
Cercla Cleanup 2018.07.13 Comments To Cdph Parcel A Scanning Plan, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Comment letter to CA Department of Public Health criticizing the adequacy of its plan to scan Parcel A for radiological contaminants. (9 pages)
California Department Of Public Health Petition Exhibit 2 - Declaration Of Steven J Castleman, Golden Gate University School Of Law
California Department Of Public Health Petition Exhibit 2 - Declaration Of Steven J Castleman, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Steven J. Castleman in support of July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license.
Nrc Petition Supplemental Filing 2 2018.02.13, Golden Gate University School Of Law
Nrc Petition Supplemental Filing 2 2018.02.13, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including reports by the Navy on data by Tetra Tech related to its remediation of soil at parcels C and E.