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Articles 151 - 169 of 169

Full-Text Articles in Law

An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin Aug 2010

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 Mexico's Border Maquiladoras, Amelia Simpson Aug 2010

Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson

Golden Gate University Environmental Law Journal

This Article explores the legacy of the U.S. environmental justice movement for the U.S.-Mexico border region. Part I introduces the case of Metales y Derivados, an abandoned, U.S.-owned maquiladora factory in Tijuana, Mexico, and the community’s struggle to compel cleanup of toxic waste at the site. In the context of environmental justice, Metales y Derivados illustrates a complex intersection of histories and cultures, international trade policy, and movement building. Part II discusses how racism, a defining element of the environmental justice movement, is often minimized and even denied in Latin America, despite studies documenting its persistence. Part III examines obstacles …


Warren County's Legacy For Healthy Parks, Schools And Communities: From The Cornfield To El Congreso And Beyond, Robert Garcia, Aubrey White Aug 2010

Warren County's Legacy For Healthy Parks, Schools And Communities: From The Cornfield To El Congreso And Beyond, Robert Garcia, Aubrey White

Golden Gate University Environmental Law Journal

This Article traces the impact of the struggle for the Cornfield on the creation of other great urban parks, resource bonds, the greening of the Los Angeles River, and evolving efforts to achieve equity in the distribution of public resources. Part II presents a vision for a comprehensive and coherent web of public spaces, including parks, school fields, rivers, beaches, mountains, and forests, that will enhance human health and economic vitality for all the people of the Southern California region, with lessons for regions across the country. Part III describes lessons learned from raising funds for parks through resource bonds. …


Sb 115: California's Response To Environmental Justice - Process Over Substance, Caroline Farrell Aug 2010

Sb 115: California's Response To Environmental Justice - Process Over Substance, Caroline Farrell

Golden Gate University Environmental Law Journal

This article discusses California’s development of an institutional framework for addressing environmental justice through the Governor’s Office of Planning and Research (“OPR”) and the California Environmental Protection Agency (“Cal/EPA”). It will demonstrate the ways these agencies’ foci have been on coordination as well as formulating guidelines. Further, the article’s purpose is to point out that while these guidelines provide important tools for environmental justice advocates, they do not provide any substantive guarantees that disproportionate impacts will not occur in communities of color and low income populations.


Warren County's Legacy For Federal And State Environmental Impact Assessment Laws, Anhthu Hoang Aug 2010

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.


Warren County's Legacy For The Quest To Eliminate Health Disparities, Charles Lee Aug 2010

Warren County's Legacy For The Quest To Eliminate Health Disparities, Charles Lee

Golden Gate University Environmental Law Journal

At least two paradigm shifts have revolutionized the field of environmental health since Rachel Carson’s day. One occurred when environmental health encountered civil rights, forming the environmental justice movement. We are in the midst of the second, as environmental health reunited with architecture and urban planning. Significantly, these two paradigm shifts are converging. This article will examine how this convergence is taking place, and its significant implications for efforts to achieve environmental justice, community health and sustainability, and the elimination of health disparities.


Title Vi And The Warren County Protests, Bradford Mank Aug 2010

Title Vi And The Warren County Protests, Bradford Mank

Golden Gate University Environmental Law Journal

One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls (“PCB”) landfill in Warren County, North Carolina, was an unsuccessful suit by the National Association for the Advancement of Colored People (“NAACP”) under Title VI of the 1964 Civil Rights Act . The NAACP alleged that the state of North Carolina, a recipient of United States Environmental Protection Agency (“EPA” or “the Agency”) funds, had discriminated against minorities by building the landfill in Warren County, which had the highest percentage of minorities among all the counties in the state, while ignoring several alternative suitable or superior sites …


Warren County And The Birth Of A Movement: The Troubled Marriage Between Environmentalism And Civil Rights, Veronica Eady Aug 2010

Warren County And The Birth Of A Movement: The Troubled Marriage Between Environmentalism And Civil Rights, Veronica Eady

Golden Gate University Environmental Law Journal

The protests at Warren County, North Carolina, in the early 1980s led to several critical, galvanizing events in the history of the environmental justice movement. This article suggests that the environmental justice movement — while often characterized as a marriage between the environmental and civil rights movements — has adopted key facets of both movements. The 1990 letter to the so-called “Big 10” marked an evolutionary point that has led the environmental justice movement to establish valuable alliances with some mainstream environmental groups. Additionally, the article suggests from a jurisprudential perspective that civil rights laws in that same period failed …


Environmental Justice Comes Full Circle: Warren County Before And After, Dollie Burwell, Luke W. Cole Aug 2010

Environmental Justice Comes Full Circle: Warren County Before And After, Dollie Burwell, Luke W. Cole

Golden Gate University Environmental Law Journal

This article/remembrance chronicles the Warren County struggle. It begins before the protests that thrust it into the national spotlight, examining the factors that led to the struggle in the first place. It touches on the protests themselves, and then recounts part of the Warren County story that is not well known: the ultimate detoxification of the polychlorinated biphenyls (“PCBs”) site. Finally, it examines the legacy of the Warren County struggle, both nationally and locally in the county itself. In places, it self-consciously departs from the third person to describe in first person narrative (presented in the italicized portions of the …


Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky Aug 2010

Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky

Golden Gate University Environmental Law Journal

No abstract provided.


Volume 1 Masthead Aug 2010

Volume 1 Masthead

Golden Gate University Environmental Law Journal

No abstract provided.


Note On Inaugural Edition, Clifford L. Rechtschaffen, Jennifer A. Maier Aug 2010

Note On Inaugural Edition, Clifford L. Rechtschaffen, Jennifer A. Maier

Golden Gate University Environmental Law Journal

No abstract provided.


Golden Gate University School Of Law Celebrates Earth Day 2010 Apr 2010

Golden Gate University School Of Law Celebrates Earth Day 2010

Press Releases

No abstract provided.


Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles Jan 2010

Examining The Air We Breathe: Epa Should Evaluate Cumulative Impacts When It Promulgates National Ambient Air Quality Standards, Deborah N. Behles

Publications

Inhaling air pollutants can lead to a variety of adverse respiratory and cardiovascular health effects. This potential risk for health impacts is likely greater when the mixture of pollutants that exists in ambient air, rather than isolated pollutants, are inhaled. Despite the evidence of potential cumulative impacts, EPA has continued to focus its analysis of health impacts on isolated pollutants instead of the actual mixture we breathe. This article proposes that EPA should evaluate and consider cumulative health impacts when it sets national ambient air quality standards under the Clean Air Act. EPA is considering two pollutants together to determine …


Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel Jan 2010

Climate Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel

Publications

This article assesses the extent to which the concepts of climate proofing and climate policy coherence have found expression in continental natural resource regimes established in North America and Europe. The article first examines the recognition of these concepts within three North American crossborder regimes directly impacted by climate change: the Waters Treaty between Mexico and the United States; the Pacific Salmon Treaty between Canada and the United States; and the North American Waterfowl Management Plan between Canada, Mexico and the United States. Next it considers the extent to which these concepts are reflected in recent European initiatives related to …


Green Warfare: An American Grand Strategy For The 21st Century, Colin Crawford Jan 2010

Green Warfare: An American Grand Strategy For The 21st Century, Colin Crawford

Publications

This Comment advocates an Apollo Program-type mentality in terms of "greening" American society from the top down-beginning with the military-in order to break the country's addiction to fossil fuels. In embracing a broad-based "green" strategy, the United States can weave together a number of priorities heretofore thought irreconcilable: national security, environmental protection, and economic growth. In defining a clear "enemy" - our dependence on fossil fuels - the U.S. can unite various segments of society around a value-neutral and universally beneficial policy objective. By calling upon the resources of academia, the military, and the business community, the government can harness …


Wastewater Resources: Rethinking Centralized Wastewater Treatment Systems, Land Use Planning And Water Conservation, Colin Crawford Jan 2010

Wastewater Resources: Rethinking Centralized Wastewater Treatment Systems, Land Use Planning And Water Conservation, Colin Crawford

Publications

This article aims to contribute to the debate about the legal and regulatory failure to search for imaginative-and immediate-solutions to questions of wastewater management. Following this introductory section, Part I examines the existing, highly centralized models of wastewater treatment in the United States. To do so, Part I first examines federal environmental law and regulation relating to wastewater treatment. In addition, Part I briefly looks at a sampling of state laws affecting wastewater treatment and concludes that neither federal law nor typical state laws express a preference for centralized wastewater treatment-the dominant and default method for wastewater treatment in the …


The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris Jan 2010

The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris

Publications

At the December 2009 United Nations Climate Change Conference in Copenhagen, as is now well known, the parties failed to agree on any detailed course of action, much less enter into a binding agreement to control carbon emissions. However, four developing countries, Brazil, China, India and South Africa, formed a working group now known as "BASIC," and promised to try and resolve at least one key sticking point. Specifically, the BASIC countries brokered an accord with the United States under which both developing and more developed nations would later submit carbon emissions target cuts.


2010 Annual Report - Living Healthy, Breathing Easy, Bay Area Air Quality Management District Jan 2010

2010 Annual Report - Living Healthy, Breathing Easy, Bay Area Air Quality Management District

California Agencies

No abstract provided.