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Full-Text Articles in Law
A Salmon Eye Lens On Climate Adaption, Paul S. Kibel
A Salmon Eye Lens On Climate Adaption, Paul S. Kibel
Publications
This Article discusses the current gap in climate adaptation law and policy, emphasizing the potential role that the National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and California Environmental Quality Act (CEQA) could play in filling this gap. It focuses on the provisions in these laws that establish that agency planning and decision-making should be based on the best available science, and notes that the best available science now confirms that GHG emission-induced climate change is happening now and will continue to happen during this century. This Article posits that the most appropriate and effective way to factor expected …
The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle
The Ninth Circuit's "Clarifications" In Lands Council V. Mcnair: Much Ado About Nothing?, Keith G. Bauerle
Golden Gate University Environmental Law Journal
In this Article, I will first provide some background for the issues treated in the decision, beginning with the NFMA’s and NEPA’s statutory and regulatory requirements and how they were interpreted in the two Ninth Circuit cases that lead to the McNair decision, Lands Council v. Powell and Ecology Center v. Austin. I will then outline the history of the Lands Council v. McNair litigation, and from there discuss the Ninth Circuit’s en banc decision. Placing the decision in the context of the circuit’s NFMA and NEPA jurisprudence, I argue that the decision’s holdings, on their own, do not constitute …
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.