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Full-Text Articles in Law
Erroneous And Unauthorized Revisions To The California Environmental Quality Act: 1998 Ceqa Revisions Violate Legislative Intent And Contradict Judicial Holdings, Kristin Henry
Golden Gate University Law Review
This Comment will summarize the CEQA review process to which California agencies must adhere. Next, Part III of this Comment will examine San Joaquin Raptor/Wildlife Rescue v. Stanislaus and Kings County Farm Bureau v. Hanford, two landmark California appellate court cases that have interpreted the CEQA review process prior to the amended regulations. Included in Part III A is an analysis of how lead agencies have treated cumulative impacts in the past during the CEQA review process and an explanation of the recent amendments purporting to codify that interpretation. In Part III B, this Comment will explain the recent amendments …
The Promise Of Wave Energy, Laura Koch
The Promise Of Wave Energy, Laura Koch
Golden Gate University Environmental Law Journal
Part I is an overview of wave energy and the reasons we should be pursuing its sustainable development. Part II provides background on the legal framework for offshore energy and coastal protection. Part III addresses jurisdictional and regulatory issues. It begins with an explanation of the statutory basis for regulatory authority over wave energy and the jurisdictional dispute between two federal agencies. It then explores in detail the regulatory scheme of the Federal Energy Regulatory Commission (FERC), which stands in contrast to the coordinated, well-planned approach required for sustainable wave energy development. Part IV then argues that although FERC’s approach …
The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton
The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton
Golden Gate University Environmental Law Journal
This article suggests criteria for determining when existing dams should be removed and for evaluating proposals for new dams. Section II offers a historical overview of dam building in California. Section III discusses current issues concerning evaluation of removal, repair, and expansion proposals for existing dams in the state. Section IV outlines issues, including funding and impacts, related to recent proposals for the construction of additional dams and reservoirs.
An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin
An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin
Golden Gate University Environmental Law Journal
Section I of this comment defines FDI and outlines the environmental implications on capital-receiving nations. Section II discusses bilateral investment treaties’ (BITs’) potential contributions to comprehensive multilateral investment system and surveys failed negotiation attempts for a global set of investment rules. Section III expounds the framework outlined in this introduction, with section IV dedicated to explaining parties’ incentives to enter into this mode of negotiations.
Warren County's Legacy For Federal And State Environmental Impact Assessment Laws, Anhthu Hoang
Warren County's Legacy For Federal And State Environmental Impact Assessment Laws, Anhthu Hoang
Golden Gate University Environmental Law Journal
The first part of this article discusses the modern environmental-quality review process at the federal and state levels, starting with a summary of the National Environmental Policy Act and then California’s and New York’s approaches. This is followed by a brief discussion of how each entity addresses environmental justice. The second part describes one community’s difficulties in meeting the required evidentiary showing to demonstrate environmental injustice.