Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 8 of 8
Full-Text Articles in Law
Enforcement Of Pesticide Regulation In California: A Case Study Of The Experience With Methyl Bromide, Victoria Clark
Enforcement Of Pesticide Regulation In California: A Case Study Of The Experience With Methyl Bromide, Victoria Clark
Golden Gate University Law Review
This article will attempt to provide an overview of the pesticide regulatory program ("the Program") and its pitfalls, as well as the track record of the administration of California Governor Gray Davis ("the Davis Administration") regarding pesticide issues. The first section will detail the regulatory agency structure of the Program, particularly the authority and duties of DPR and the CACs. The second section will discuss the pesticide permitting system, its requirements, and some anecdotes to illustrate the public participation process in this system. To present a case study of the Program's implementation, the methyl bromide regulations will be discussed at …
Brownfields And The California Department Of Toxic Substances Control: Key Programs And Challenges, Denise Ferkich Hoffman, Barbara Coler
Brownfields And The California Department Of Toxic Substances Control: Key Programs And Challenges, Denise Ferkich Hoffman, Barbara Coler
Golden Gate University Law Review
In order to meet the challenges posed by significant increases in population, the recycling of brownfields is essential. Recycling brownfields can also promote infill development which will, in turn, optimize population densities and can serve to reduce negative aspects of sprawl. Infill development can revitalize existing communities as idle or underutilized properties in urban centers will be used for residential, commercial and public purposes (schools, parks, hospitals). However, there exists a delicate balance in California, where urban density has increased, there is increased competition for buildable sites, particularly for public facilities, i.e., schools. The California Department of Toxic Substances Control …
Environmental Law - Long Beach Unified School District V. Dorothy B. Godwin Living Trust, Et Al., And Mobil Oil Corporation, Powerine Oil Company: Determining The Scope Of Easement Holder Liability Under Cercla, Heidi P. Poppe
Golden Gate University Law Review
In Long Beach Unified School Dist. v. Dorothy B. Godwin California Living Trust, the Ninth Circuit held that the holder of an easement burdening land which contains a hazardous waste facility is not, by virtue of that interest alone, liable for cleanup costs as an "owner or operator" under the Comprehensive Environmental Response Compensation and Liability Act (hereinafter "CERCLA"). The court reasoned that under common principles of property law, easement holders have a limited right to use the land of another but do not own the land itself, and therefore, should not be considered owners for the purposes of CERCLA …
Environmental Law - Stanton Road Associates V. Lohrey Enterprises: The American Rule Precludes An Award Of Attorneys' Fees In Private-Party Cercla Cost Recovery Actions, Dennis J. Byrne
Golden Gate University Law Review
No abstract provided.
Environmental Law - In Re Jensen: Determining When A Bankruptcy Claim Arises In The Context Of Environmental Liability, Myron A. Eng
Environmental Law - In Re Jensen: Determining When A Bankruptcy Claim Arises In The Context Of Environmental Liability, Myron A. Eng
Golden Gate University Law Review
No abstract provided.
Environmental Law - Jones-Hamilton Co. V. Beazer Materials: Chemical Supplier "Arranges" For Cercla Liability, Dennis J. Byrne
Environmental Law - Jones-Hamilton Co. V. Beazer Materials: Chemical Supplier "Arranges" For Cercla Liability, Dennis J. Byrne
Golden Gate University Law Review
No abstract provided.
A Prescription To Expedite Hazardous Waste Cleanups: De Minimis Settlements And Adr, Jennifer Martin
A Prescription To Expedite Hazardous Waste Cleanups: De Minimis Settlements And Adr, Jennifer Martin
Golden Gate University Law Review
The first section of this article discusses the history of Superfund and its 1986 amendments, with a focus on de minimis contributors and why the de minimis settlement incentive has failed. The second section focuses on alternative dispute resolution and analyzes the government's attempts at incorporating arbitration into Superfund. Lastly, the comment suggests incorporating arbitration provisions into the de minimis section of Superfund.
Environmental Protection In Nigeria: Two Decades After The Koko Incident, Dr. S. Gozie Ogbodo
Environmental Protection In Nigeria: Two Decades After The Koko Incident, Dr. S. Gozie Ogbodo
Annual Survey of International & Comparative Law
Prior to June 1988, Nigeria responded to most environmental problems on an ad hoc basis. The discovery of toxic waste dumped in Koko, at remote part of southern Nigeria, in June 1988, and the attendant media and public outcry prompted the government to react swiftly. Through diplomatic channels, the Nigerian government succeeded in getting the Italian government and the Italian company that was the culprit to lift the toxic waste out of the country. The Nigerian government followed this action by organizing an international workshop6 on the environment. The result was the formulation of a national policy on the environment. …