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Articles 31 - 60 of 169
Full-Text Articles in Law
A View From The Front Lines: The Fate Of Utah's Redrock Wilderness Under The George W. Bush Administration, Stephen H.M. Bloch, Heidi J. Mcintosh
A View From The Front Lines: The Fate Of Utah's Redrock Wilderness Under The George W. Bush Administration, Stephen H.M. Bloch, Heidi J. Mcintosh
Golden Gate University Law Review
What this article is not. This article is not a treatise on the more than twenty-five year Utah wilderness debate, though that issue is discussed where pertinent. This article also does not provide a detailed legal background on the laws and regulations governing oil and gas activities on BLM-managed lands, nor does it repeat the thorough analysis already contained in many recent articles on the legal ins-and-outs of R.S.2477. What this article is. This article is an overview, an executive summary of the heady and fast-paced times that we work in as the conservation community reacts, responds, and attacks the …
Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler
Critical Habitat At The Crossroads: Responding To The G.W. Bush Administration's Attacks On Critical Habitat Designation Under The Esa, Mike Senatore, John Kostyack, Andrew Wetzler
Golden Gate University Law Review
In this article, we argue that the George W. Bush Administration's ("Administration") attacks on the critical habitat protections in the Endangered Species Act ("ESA") warrant priority attention from the environmental movement. Many species across the United States and, indeed, around the world, continue to slip towards extinction. As Congress recognized when it passed the ESA, the decline of most species can be directly traced to the destruction of their habitat. Protection and restoration of ecosystems that support endangered species is thus fundamental to species conservation.
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Golden Gate University Law Review
It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.
Unbearable? Bitterroot Grizzly Bear Reintroduction & The George W. Bush Administration, Rob Roy Smith
Unbearable? Bitterroot Grizzly Bear Reintroduction & The George W. Bush Administration, Rob Roy Smith
Golden Gate University Law Review
This article begins by providing a brief overview of the history of the grizzly bear reintroduction efforts and the Clinton Administration's decision to move forward with plans to secure an experimental population of the threatened species in the remote wilderness of Idaho and Montana. Section III focuses on local reaction to the decision to reintroduce the grizzly bear, and in particular, the strong rhetoric of the Idaho congressional delegation opposing the reintroduction. Section IV brings new light on the subsequent legal challenge brought by Governor Dirk Kempthorne and the Republican legislative leadership of the State of Idaho to bar the …
The Republican Divide On Wilderness Policy, Jim Dipeso, Tom Pelikan
The Republican Divide On Wilderness Policy, Jim Dipeso, Tom Pelikan
Golden Gate University Law Review
Wilderness is an issue that exposes a deep political fault line within the Republican Party. Republican leaders such as Theodore Roosevelt are credited with laying the philosophical and legal groundwork that resulted in establishment of the National Wilderness Preservation System. Republicans who worked for wilderness protection cited benefits such as protecting the nation's natural and historical heritage, conserving resources for the future, and providing opportunities for beneficial outdoor recreation. Other Republican leaders, however, have fought wilderness protection on the grounds that preservation is an inappropriate government constraint on free markets and is harmful to the economy by limiting commodity production …
Nature Of The Beast: An Introduction To The Issue, Paul Stanton Kibel
Nature Of The Beast: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi
Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi
Golden Gate University Law Review
This Comment discusses the United States' capability to initiate a new domestic program to confront climate change in the wake of the current political stance on environmental issues. Additionally, this Comment proposes a program premised on market-based incentives that will serve as a compromise between industry and the environment to ensure that the United States takes affirmative action to reduce and limit domestic GHG emissions. Section II of this comment discusses the various factors that contribute to the scientific phenomenon of global warming. It also addresses the scientific community's divergent positions with respect to the causes of global warming and …
The Journey From Rio To Johannesburg: Ten Years Of Forest Negotiations, Ten Years Of Successes And Failures, Melanie Steiner
The Journey From Rio To Johannesburg: Ten Years Of Forest Negotiations, Ten Years Of Successes And Failures, Melanie Steiner
Golden Gate University Law Review
Since Rio, a great deal of dialogue and changes in the global forest architecture have occurred, including the growth of regional criteria and indicator (C&I) processes for sustainable forest management, development of new national forest programmes in many countries, and the establishment of the new international arrangement on forests mentioned above. Commitments have been made at all levels, in the form of IPF/IFF proposals for action, adoption of a forest work programme under the Convention on Biological Diversity, and regionally through the C&I processes. Furthermore, new issues have emerged on the scene as being critical post-Rio, including illegal logging/forest law …
Country Experiences In The Implementation Of The Rio Forest Principles: A Case Study Of The East African Community States, Godber W. Tumushabe
Country Experiences In The Implementation Of The Rio Forest Principles: A Case Study Of The East African Community States, Godber W. Tumushabe
Golden Gate University Law Review
This article is divided into eight sections. Section II analyzes the status and trends in forestry resources in East Africa and the relevance of the forestry sector in national economic development and regional integration. This section emphasizes the applicability of forestry goods and services in addressing rural poverty and proposes that investments targeted at increasing the productivity of the sector could provide the much needed stimuli for national economic development. Section III assesses the UNCED processes that gave birth to the Rio Forest Principles and the relevant forestry provisions in Agenda 21. Section IV analyzes the contributions of the EAC …
The Biodiversity Rights Of Developing Nations: A Perspective From India, Shalini Bhutani, Ashish Kothari
The Biodiversity Rights Of Developing Nations: A Perspective From India, Shalini Bhutani, Ashish Kothari
Golden Gate University Law Review
The article will flag those provisions of the law that disenfranchise developing nations and their peoples from their rights vis-a-vis biodiversity. While sifting through these provisions, it will also examine how far the developed nations have gone in the "burden-sharing" of conservation of biological resources. Because newer technologies pose newer challenges to biodiversity conservation, the intrinsic link between trade and biodiversity cannot be overstated. It has been a challenge to deal with international trade rules and regulations, especially with non-state entities like the WTO. The WTO's agenda is dictated largely by corporate interests in developed countries such as the United …
Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist
Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist
Golden Gate University Law Review
This Article undertakes a broad, synoptic evaluation of America's complex response to the Convention. It paints an intricate picture of American legal and policy initiatives, on multiple levels, for enhanced domestic and international protection of biodiversity juxtaposed with concomitant legal and policy footdragging. Part I limns, in bold lines, the basic structure of the matter: initially it provides a brief overview of the genesis and contents of the CBD; then,' it sketches a chronological synopsis of America's formal and informal response to the CBD. Part II adds some detailed brushwork: it attempts to deepen understanding of the various tensions, concerns, …
U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz
U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz
Golden Gate University Law Review
In this short article, I review the development of U.S. climate change and energy policy under President George W. Bush, describe various executive branch initiatives to address the issue of global climate change, and assess the prospects for progressive U.S. action to address climate change over the remainder of the Bush Presidency. This is a short article because the repudiation of Kyoto speaks for itself and the domestic initiatives that could arguably influence greenhouse gas abatement seem extraordinarily modest in scope and cost.
U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden
U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden
Golden Gate University Law Review
This article describes the evolution of the Clinton Administration's policy on climate change and point to factors that influenced its deliberations. It focuses on the U.S. positions in international negotiations, international reaction to these positions, and domestic policies and politics that influenced these positions. More detailed analyses of certain issues - such as full descriptions of all the climate change-related activities undertaken by the federal government, both abroad and at home - are beyond the scope of this article.
Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo
Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo
Golden Gate University Law Review
This article attempts to provide an overview of key policy elements of the European Union's climate policy since the adoption of the UNFCCC in 1992. Section II discusses the main features of the EU as an actor vis-a-vis its Member States and the international community at large. Section III identifies the key actors at play in the EU context; Section IV analyzes the EU's track record on domestic policies and measures. Section V, in turn, debates selected key topics in the international climate change negotiations from a EU perspective. Finally, section VI debates the prospects of continued international EU leadership …
Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel
Unced's Uncertain Legacy: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
Implementing Environmental Justice: The New Agenda For California State Agencies, Ellen M. Peter
Implementing Environmental Justice: The New Agenda For California State Agencies, Ellen M. Peter
Golden Gate University Law Review
The purpose of this article is to give an account of the commencement of the regulatory process to achieve environmental justice and to highlight some of the issues presented to the Davis administration. Preliminarily, some background is required for context. The achievement of environmental justice does not start on a fresh slate. Federal statutes and federal executive initiatives impose separate legal requirements. These federal mandates both require actions by California state agencies and provide guidance on how to interpret the new California statutes. Thus, this article begins with an account of the legal and historical development of the concept of …
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 …
Regulation Of Logging On Private Land In California Under Governor Gray Davis, Thomas N. Lippe, Kathy Bailey
Regulation Of Logging On Private Land In California Under Governor Gray Davis, Thomas N. Lippe, Kathy Bailey
Golden Gate University Law Review
Few issues in California have been more controversial or engendered more passionate public debate than the damage to the state's environment from logging. The almost complete disappearance of the primeval old-growth redwood forests that once blanketed the north coast of California has been the focal point for much of the debate. Since the redwood forests have for the most part remained in private hands, they are subject to regulation by the state of California. And the fate of the redwoods has brought several waves of litigation, ballot initiatives, new regulations and numerous public acquisitions, all designed to preserve these forests …
Fixing The Delta: The Calfed Bay-Delta Program And Water Policy Under The Davis Administration, Patrick Wright
Fixing The Delta: The Calfed Bay-Delta Program And Water Policy Under The Davis Administration, Patrick Wright
Golden Gate University Law Review
This article will examine the origins and key elements of the CALFED Record of Decision, the role of the Davis Administration in developing the final plan, and the major challenges ahead in implementing the plan.
The More Things Change: Introduction To The Issue, Paul Stanton Kibel
The More Things Change: Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
Essential Fish Habitat And Coastal Zone Management: Business As Usual Under The Magnuson-Stevens Act?, Lee Benaka, Dennis Nixon
Essential Fish Habitat And Coastal Zone Management: Business As Usual Under The Magnuson-Stevens Act?, Lee Benaka, Dennis Nixon
Golden Gate University Law Review
Part I of this article provides a brief overview of how fish habitat conservation became a significant priority for NMFS and how and why provisions to ensure habitat conservation were introduced into the Magnuson-Stevens Act. We describe how the brief language in the Magnuson-Stevens Act was interpreted by the NMFS through its Interim Final Rule and controversies related to that interpretation. Part II examines the response of management agencies in the Gulf of Mexico to the EFH policy. Specifically, this case study reviews an amendment created by the Gulf of Mexico Fishery Management Council to address EFH requirements and describes …
The Southern California Wetlands Recovery Project: The Unfolding Story, Joan Hartmann
The Southern California Wetlands Recovery Project: The Unfolding Story, Joan Hartmann
Golden Gate University Law Review
The Southern California Wetlands Recovery Project is an unprecedented alliance for Southern California that currently includes sixteen state and federal agencies, local government, business leaders, and the environmental community working with an illustrious panel of scientific advisors and active task forces in each of the five coastal Southern California counties. It seeks to acquire, restore and expand wetlands in these counties. What follows describes the lessons, the tensions, the initial achievements, and the as yet unresolved issues in the unfolding story of the Recovery Project. Part I describes the unprecedented growth experienced in coastal Southern California and the effect this …
The Regulation Of Biological Pollution: Preventing Exotic Species Invasions From Ballast Water Discharged Into California Coastal Waters, Andrew N. Cohen, Brent Foster
The Regulation Of Biological Pollution: Preventing Exotic Species Invasions From Ballast Water Discharged Into California Coastal Waters, Andrew N. Cohen, Brent Foster
Golden Gate University Law Review
In Part I of this article, we describe ballast water's use, its contribution to biological invasions, and the technical approaches that could be used to combat the problem. In Part II, we describe opportunities for employing existing laws and regulations to manage ballast discharges in California. We first discuss the limitations of international, federal and state laws that have tried to address ballast discharges of exotic organisms as a shipping issue. We then consider the potential for regulating ballast discharges under federal and state laws aimed at controlling water pollution, protecting wildlife, ensuring the assessment, disclosure and mitigation of environmental …
Does The U.S. Government Realize That The Sea Is Rising? How To Restructure Federal Programs So That Wetlands And Beaches Survive, James G. Titus
Does The U.S. Government Realize That The Sea Is Rising? How To Restructure Federal Programs So That Wetlands And Beaches Survive, James G. Titus
Golden Gate University Law Review
This article examines practical federal options to prepare for one of the impacts of global warming-sea level rise. Part I examines the implications of greenhouse gases for our coastal zones, explains the causes and effects of sea level rise, and analyzes the implications of various responses. Part II examines how specific federal policies are currently failing to address existing and projected sea level rise, and enumerates a number of modest changes that may well have been included in these programs to begin with, had sea level rise been as well recognized when the programs were created as it is today. …
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 …
Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen
Golden Gate University Law Review
This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.
Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline
Section 401 Of The Clean Water Act And Its Application To Nonpoint Source Pollution In California, Scott Smithline
Golden Gate University Law Review
This note addresses the Dombeck opinion and its relation to the State of California's nonpoint source water pollution. A brief description of Section 401 provides contextual support for the court's holding in Dombeck. In addition, the full impact of the Dombeck decision on California water quality cannot be understood without a discussion of the current nonpoint source pollution issues, and pollution control mechanisms currently in place on federal lands within California. Therefore, a brief analysis of nonpoint source pollution issues and policy (generally in the context of grazing) will precede the Dombeck case analysis.
What Is Good For The Market, Can Be Bad For The Health: Emissions Trading Under Scaqmd's Rule 1610 And The Unjust Environmental Effects, Rachel Brasso Razon
What Is Good For The Market, Can Be Bad For The Health: Emissions Trading Under Scaqmd's Rule 1610 And The Unjust Environmental Effects, Rachel Brasso Razon
Golden Gate University Law Review
This Comment examines the development of both the environmental justice movement and the traditional environmental movement. It also describes the South Coast Air Quality Management District (SCAQMD) and its application of a market-based incentive program known as "emissions trading." This section explains SCAQMD's Old-Vehicle Scrapping Rule 1610 (Rule 1610) and Rule 1610's failure to address environmental justice issues. Section III examines the disparate effects of the program on minority communities. Section IV critiques the way in which oil companies were permitted to use Rule 1610 and how their use resulted in such disparate effects. Finally, Section V proposes that emissions …
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
Golden Gate University Law Review
After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …