Law Commons^™

Equity And The Global Policy On Climate Change: A Law And Economic Perspective, Andri G. Wibisana

Indonesia Law Review

The opponents of the global commitment to reduce greenhouse gases (GHGs) emissions seem to have shifted their arguments from the one emphasing on the issue of uncertainty to the one focusing on the economic burdens disproportionately placed on the current generation in general, and some developed countries in particular. Inevitably, the issue of equity becomes of highly importance in the recent climate policy debates. This paper attempts to analyze the implementation of equity principles, i.e. intergenerational and intragenerational equity, in the global climate policy. In doing so, it will first briefly outline some prominent economic appraisals on the impacts of …

Systems Of Carbon Trading, Dr. Bruno Zeller

Touro Law Review

No abstract provided.

Oil Development In Anwr: The Precautionary Principle Is Compatible With The Fish And Wildlife Service's Statutory Mandate, Trisna Tanus

Washington Journal of Environmental Law & Policy

The potential for oil production in the Arctic National Wildlife Refuge (ANWR) coastal plain, otherwise known as the 1002 Area, is significant, with a current value of $770 billion. Yet, there are considerable knowledge gaps and disagreements over the environmental impacts of oil development in ANWR. The Fish and Wildlife Service (FWS) manages ANWR and is tasked with advancing the refuge’s mission of ecological conservation. Before it can approve oil development in ANWR, the FWS is statutorily required to ensure that oil development is compatible with ANWR’s mission. This Comment argues that the precautionary principle is embedded within the laws …

Leopold's Last Talk, Eric T. Freyfogle

Washington Journal of Environmental Law & Policy

During the last decade of his life, Aldo Leopold (1887–1948) delivered more than 100 conservation talks to various popular, professional, and student audiences. In them, he set forth plainly the central elements of his conservation thought. By studying the extensive archival records of these talks one sees clearly the core elements of Leopold’s mature thinking, which centered not on specific land-use practices (good or bad), but instead on what he saw as deep flaws in American culture. Leopold’s sharp cultural criticism—more clear in these talks than in his lyrical, muted classic, A Sand County Almanac—called into question not just …

The Overlooked Role Of The National Environmental Policy Act In Protecting The Western Environment: Nepa In The Ninth Circuit, Michael C. Blumm, Keith Mosman

Washington Journal of Environmental Law & Policy

Critics widely disparage the National Environmental Policy Act (NEPA) for being a mere “paper tiger” or bureaucratic red-tape. The U.S. Supreme Court has surely encouraged this perception by treating the statute with consistent hostility, reducing it to a requirement only to follow prescribed administrative procedures but not produce any environmental results. But in the Ninth Circuit, NEPA lives a more important life, since that court has not forgotten NEPA’s essential environmental purpose. This article examines four lines of cases in the Ninth Circuit that may show that NEPA’s future might reflect its conservation purpose. These cases 1) deny NEPA plaintiffs …

Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel

Chicago-Kent Law Review

The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …

Shockwave: Lender Liability Under Cercla After United States V. Fleet Factors Corporation, Nicholas M. Kublicki

Pepperdine Law Review

No abstract provided.

Distributed Generation: How Localized Energy Production Reduces Vulnerability To Outages And Environmental Damage In The Wake Of Climate Change, Allyson Umberger

Golden Gate University Environmental Law Journal

This Comment breaks down the working parts of America’s energy infrastructure, assessing how the current model could be converted into one that is more efficient, cost effective, and environmentally sustainable. It looks beyond general energy legislation, focusing specifically on chartered, proposed, and failed energy legislation in California. Part II of this Comment examines the weaknesses of America’s current energy infrastructure, looking at the history of the energy industry and the nation’s resulting reluctance to adopt renewable technologies despite the shortcomings of the current model. Part III presents DG and expands upon the potential it possesses to empower Americans in a …

Legitimate Protection Or Tactful Abandonment: Can Recent California Legislation Sustain The San Francisco Bay Area's Public Lands?, Cody Nesper

Golden Gate University Environmental Law Journal

This Comment posits that parks that serve urban communities, such as the SF Bay Area state parks, are of particular importance due to the implications of open spaces for the health and well-being city dwellers. The consequences of legislation like AB 42 in urban environments are different from those in rural areas, and an awareness of these differences is necessary to draft effective legislation. For instance, parks serving urban areas frequently give rise to environmental justice concerns of wealth and poverty as reflected by extensive, well-appointed parks in more affluent communities compared to neighboring communities with less social and economic …

Looking For A Home: How Micro-Housing Can Help California, Dawn Withers

Golden Gate University Environmental Law Journal

Humans have long shared small homes and small communal spaces. In the Middle Ages, it was common for many people to share a bed and for many people to share a room. Pilgrims lived in homes of about 165 square feet, and German farmers in nineteenth-century Texas built 200-square-foot homes for use on the weekends when they came to town. After the 1906 earthquake, San Francisco built 140-square-foot homes to shelter survivors.

Continuing the tradition of living in small quarters is no simple task in the modern era. How and where we live is not determined by us alone but …

"Location, Location, Location" Should Be "Environment, Environment, Environment": A Market-Based Tool To Simplify Environmental Considerations In Residential Real Estate, Robert H. Cutting, Lawrence B. Cahoon, Jack C. Hall

Golden Gate University Environmental Law Journal

The most important rule of real estate (location, location, location) should be upgraded to the three E’s: environment, environment, environment. What we value in real estate is the natural and human environment of a site and its structures. A home is typically an American’s most significant asset; thus, environmental issues should be of interest, primarily because the effects of environmental degradation can cause devaluation while simultaneously imposing substantial expenses (such as cleanup, health care, and relocation) on the population. The real costs of ignoring the environment are life-threatening health and safety issues, including lung damage and cancer resulting from radon …

Can A Multi-Species Habitat Conservation Plan Save San Diego's Vulnerable Vernal Pool Species?, John Buse

Golden Gate University Environmental Law Journal

The Endangered Species Act2 (hereinafter “ESA” or “the Act”) protects some of the rarest and most charismatic mammals on earth, including polar bears, wolves, jaguars, and orcas. The ESA also protects less conspicuous species and their habitats. Not all species are equal under the law; for example, plants are afforded substantially less protection, and the Act excludes pest insects if their protection “would present an overwhelming and overriding risk to man.” But the ESA does provide a remarkable degree of taxonomic equality for most covered species, generally treating bears and burying beetles as equals. This equality infuriates opponents of the …

From Post To Pond: How The Public Created The Presidio's Crissy Field Marsh, Deborah Bardwick

Golden Gate University Environmental Law Journal

Brian O’Neill, the late Superintendent of the Golden Gate National Recreation Area, said that the unifying theme of the Presidio is that of “humans in the natural environment, understood in its broadest context.” This Article explores the critical role that the public played in creating Crissy Field Marsh, a unique feature of the Presidio in the Golden Gate National Recreation Area. Public involvement is always critical to the operation of the National Park Service. In nearly every new project, members of the public are involved in every step, including but not limited to lobbying politicians, commenting on environmental documents, raising …

Protecting The Ballona Wetlands In West Los Angeles: A Look Back At Three Decades Of Urban Habitat Advocacy, Carlyle W. Hall, Jr.

Golden Gate University Environmental Law Journal

Surrounded by densely populated West Los Angeles, the Ballona Wetlands are a remnant of a larger, flourishing coastal ecosystem that has been subjected to over a hundred years of urban assault. Ninety-eight percent of Los Angeles County’s historic wetlands have been filled and developed, and more than a century of abuse and neglect have severely degraded the Ballona Wetlands. Nonetheless, the Ballona Wetlands remain “one of the most important pieces of wildlife habitat” in the region, and they constitute the County’s largest remaining coastal wetland.

As might be expected when an important, severely endangered coastal natural resource located in a …

Open Spaces In Tight Places: An Introduction To The Issue, Paul Stanton Kibel, Kathleen E. Nitta

Golden Gate University Environmental Law Journal

No abstract provided.

Table Of Contents

Golden Gate University Environmental Law Journal

No abstract provided.

Masthead

Golden Gate University Environmental Law Journal

No abstract provided.

Naturalness And Biodoversity: Why Natural Conditions Should Be Maintained Within Protected Areas, Gordon Steinhoff

William & Mary Environmental Law and Policy Review

No abstract provided.

Virginia's Moratorium: Is Uranium Mining On The Horizon In The Commonwealth?, William Brice Fiske

William & Mary Environmental Law and Policy Review

No abstract provided.

Red, White, And Green: A Federal Sustainability Vision For The National Capital, L. Preston Bryant Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

Monsanto V. Geertson Farms: Congressional Intent, Judicial Infidelity, And The National Environmental Policy Act, Alexander Macdonald

William & Mary Environmental Law and Policy Review

No abstract provided.

The Duty To Advise The Lorax: Environmental Advocacy And The Risk Of Reform, Keith W. Rizzardi

William & Mary Environmental Law and Policy Review

Lawyers have an ethical duty to advise their clients on moral, economic, social, and political matters. When applied to the changing field of environmental law, this abstract notion becomes provocative. Lawyers should advise their environmental advocacy clients of the possibility that their efforts to apply statutes or rules might initially succeed, but subsequent legislative reactions might defund, reform, or repeal the laws the client’s case relied upon. As a client’s sophistication decreases, or as the risk of adverse reactions to the client’s environmental advocacy increases, the lawyer’s duty to advise the client of these risks can shift from discretionary to …

Reliable Science: Overcoming Public Doubts In The Climate Change Debate, Michelle S. Simon, William Pentland

William & Mary Environmental Law and Policy Review

No abstract provided.

A Legislative Solution To Environmental Protection In Military Action Overseas, Sarah Hilbert

William & Mary Environmental Law and Policy Review

No abstract provided.

The California Environmental Quality Act (Ceqa) After Two Decades: Relevant Problems And Ideas For Necessary Reform, Sean Stuart Varner

Pepperdine Law Review

No abstract provided.

Tribal Consultation For Large-Scale Projects: The National Historic Preservation Act And Regulatory Review, S. Rheagan Alexander

Pace Law Review

No abstract provided.

The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii

Pepperdine Law Review

No abstract provided.

Cooperative Agreements: Government-To-Government Relations To Foster Reservation Business Development, Joel H. Mack, Gwyn Goodson Timms

Pepperdine Law Review

No abstract provided.

Reimbursing Hazardous Waste Cleanup Costs Under Cercla: A Move Toward Re-Establishing A Faithful Application Of State Insurance Law, Gary M. Miller

Pepperdine Law Review

No abstract provided.

Natural Resource Damages Under Cercla: The Emerging Champion Of Environmental Enforcement , Patrick Thomas Michael Iii

Pepperdine Law Review

No abstract provided.