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Full-Text Articles in Law
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Golden Gate University Law Review
During the past decade, the L.A. River has become a subject of intense re-examination, a major topic of policy debate, and a new kind of environmental icon. It has increasingly come to symbolize the quest to transform the built urban environment from a place seen as representing violence and hostility for communities and for Nature, to one of rebirth and opportunity." To re-envision the Los Angeles River as a place of community and ecological revitalization rather than an exclusive and dangerous flood channel fenced off from the communities that surround it provides a powerful message of renewal for urban rivers …
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 …
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 …
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 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 …
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 …
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. …
The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas
The Environmental Challenge Of The Common Market In South America: Rema Under Mercosur, Pedro Villegas
Golden Gate University Law Review
This article will first discuss the type of cooperation that MERCOSUR provides for negotiation of trade and environmental policies. Comparison with the NAFTA illustrates the limited range of MERCOSUR initiatives beyond trade policies and its defense within general inter-American development debates. Second, the article offers a profile of current Southern Cone environmental challenges. Third, the article lays out MERCOSUR's environmental policies and the paucity of progress made in adequately addressing those environmental challenges.