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Environmental Law

Golden Gate University School of Law

2011

Federal jurisdiction

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Full-Text Articles in Law

The Cape Wind Offshore Wind Energy Project: A Case Study Of The Difficult Transition To Renewable Energy, Kenneth Kimmell, Dawn Stolfi Stalenhoef Oct 2011

The Cape Wind Offshore Wind Energy Project: A Case Study Of The Difficult Transition To Renewable Energy, Kenneth Kimmell, Dawn Stolfi Stalenhoef

Golden Gate University Environmental Law Journal

This article presents the story of one renewable energy alternative that is available wherever the wind blows strong and steady. If that alone is not sufficient enticement to read further, the authors also promise to present one of the most engaging permitting sagas ever known to this field. Indeed, the Cape Wind Energy project was held captive by the permitting process for nearly a decade – in stark contrast to numerous offshore oil projects – due to the imposition of disproportionally rigorous regulatory scrutiny and the dogged political pressure applied by a few wealthy homeowners with ocean views in the …


Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom Jul 2011

Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom

Golden Gate University Environmental Law Journal

In an effort to examine the implications EPA’s ability to extend Clean Water Act protection through the use of its special-case determination authority, this Article provides a case study of the Los Angeles River and the regulatory interplay between the Army Corps and the EPA. To begin, Part I sets forth the factual background of the LA River, describing its fickle and often volatile physical nature. It then describes the legal framework underlying the case by providing an overview of the Clean Water Act, its shared administration by the EPA and Army Corps, and the basis for the EPA’s special-case …