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Articles 1141 - 1159 of 1159
Full-Text Articles in Law
The People Down The Hill: Parks Equity In San Francisco's East Bay, Paul Stanton Kibel
The People Down The Hill: Parks Equity In San Francisco's East Bay, Paul Stanton Kibel
Golden Gate University Environmental Law Journal
The public parkland system managed by the East Bay Regional Park District (East Bay Parks) is impressive in its geographic scope. It covers nearly 100,000 acres of land in Alameda and Contra Costa counties east of San Francisco, with 55 separate units comprising 14 Regional Parks, 19 Regional Preserves, 9 Regional Recreation Areas and 13 Regional Shorelines. The acreage under East Bay Parks’ jurisdiction constitutes the largest regional metropolitan regional park system in the United States. In selecting East Bay Parks as an initial focus of environmental justice inquiry, this article is mindful that East Bay Parks is only one …
Highway To Health: Exploring Legal Avenue To Connecting General Plans And Public Health Standards In California, E. Jacob Lubarsky
Highway To Health: Exploring Legal Avenue To Connecting General Plans And Public Health Standards In California, E. Jacob Lubarsky
Golden Gate University Environmental Law Journal
This Article first gives background on the health crisis facing those living in low-income urban centers. As the general plan for a city or county is the most comprehensive planning document required by California law, this Article next explains the process surrounding the formulation of general plans, what may and what must be contained in a city or county’s general plan, and how courts should broadly interpret mandatory elements in a general plan to include public health standards. Part III addresses the legal obstacles to requiring public health concerns to be considered in planning, and possible strategies for obtaining court-ordered …
The Evolution Of San Francisco's Plastic-Bag Ban, Jennie Reilly Romer
The Evolution Of San Francisco's Plastic-Bag Ban, Jennie Reilly Romer
Golden Gate University Environmental Law Journal
Part I of this comment provides an overview of the problems associated with plastic-bag production and disposal and demonstrates the need for reduction. Part II discusses alternatives to plastic bags and steps other countries have taken to reduce plastic-bag consumption. Part III examines in detail San Francisco’s attempts to enact legislation to reduce consumption of plastic bags, including the interaction of California state and municipal law. Part IV discusses the comparative merits of various ordinances aimed at plastic-bag reduction and how the lessons learned in San Francisco may be useful to other cities confronted with this or similar problems, particularly …
In This Edition, Benjamin Martin, Michael J. Minkus
In This Edition, Benjamin Martin, Michael J. Minkus
Golden Gate University Environmental Law Journal
No abstract provided.
Strategies For Implementing The Environmental Justice Vision, Clifford Rechtschaffen
Strategies For Implementing The Environmental Justice Vision, Clifford Rechtschaffen
Golden Gate University Environmental Law Journal
No abstract provided.
Fighting Uncertainty: Municipal Partnerships With Redevelopment Agencies Can Mitigate Uncertainty To Encourage Brownfield Redevelopment, Michael J. Minkus
Fighting Uncertainty: Municipal Partnerships With Redevelopment Agencies Can Mitigate Uncertainty To Encourage Brownfield Redevelopment, Michael J. Minkus
Golden Gate University Environmental Law Journal
Section I of this Comment surveys the brownfield problem and provides background. It notes the conflicting views of environmentalists and developers toward brownfield remediation and outlines the federal and California laws that govern cleanup of contaminated properties. Section II of this Comment examines the effect of uncertainty on liability risk and investment risk, proposing that brownfield developments be municipally led in partnership with redevelopment agencies. It also notes that municipal control of land use, eminent domain, and tax incentives make municipal public-sector leadership of brownfield projects effective. The section notes national concern over property rights, suggesting that condemnation of contaminated …
Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning
Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning
Golden Gate University Environmental Law Journal
This Comment is an environmental justice critique of the ongoing use of methyl bromide. Part I provides an overview of methyl bromide, the Montreal Protocol, the CAA, and the Executive Order on Environmental Justice. Part II critiques the system of CUEs by arguing that the ongoing use of methyl bromide, facilitated by the Environmental Protection Agency (EPA), places an undue burden on minority and low income communities and, therefore, violates the Executive Order on Environmental Justice. In addition, Part II illustrates other instances in which the EPA has violated the Executive Order; argues that the CUE system violates the environmental …
An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin
An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin
Golden Gate University Environmental Law Journal
Section I of this comment defines FDI and outlines the environmental implications on capital-receiving nations. Section II discusses bilateral investment treaties’ (BITs’) potential contributions to comprehensive multilateral investment system and surveys failed negotiation attempts for a global set of investment rules. Section III expounds the framework outlined in this introduction, with section IV dedicated to explaining parties’ incentives to enter into this mode of negotiations.
Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson
Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson
Golden Gate University Environmental Law Journal
This Article explores the legacy of the U.S. environmental justice movement for the U.S.-Mexico border region. Part I introduces the case of Metales y Derivados, an abandoned, U.S.-owned maquiladora factory in Tijuana, Mexico, and the community’s struggle to compel cleanup of toxic waste at the site. In the context of environmental justice, Metales y Derivados illustrates a complex intersection of histories and cultures, international trade policy, and movement building. Part II discusses how racism, a defining element of the environmental justice movement, is often minimized and even denied in Latin America, despite studies documenting its persistence. Part III examines obstacles …
Warren County's Legacy For Healthy Parks, Schools And Communities: From The Cornfield To El Congreso And Beyond, Robert Garcia, Aubrey White
Warren County's Legacy For Healthy Parks, Schools And Communities: From The Cornfield To El Congreso And Beyond, Robert Garcia, Aubrey White
Golden Gate University Environmental Law Journal
This Article traces the impact of the struggle for the Cornfield on the creation of other great urban parks, resource bonds, the greening of the Los Angeles River, and evolving efforts to achieve equity in the distribution of public resources. Part II presents a vision for a comprehensive and coherent web of public spaces, including parks, school fields, rivers, beaches, mountains, and forests, that will enhance human health and economic vitality for all the people of the Southern California region, with lessons for regions across the country. Part III describes lessons learned from raising funds for parks through resource bonds. …
Sb 115: California's Response To Environmental Justice - Process Over Substance, Caroline Farrell
Sb 115: California's Response To Environmental Justice - Process Over Substance, Caroline Farrell
Golden Gate University Environmental Law Journal
This article discusses California’s development of an institutional framework for addressing environmental justice through the Governor’s Office of Planning and Research (“OPR”) and the California Environmental Protection Agency (“Cal/EPA”). It will demonstrate the ways these agencies’ foci have been on coordination as well as formulating guidelines. Further, the article’s purpose is to point out that while these guidelines provide important tools for environmental justice advocates, they do not provide any substantive guarantees that disproportionate impacts will not occur in communities of color and low income populations.
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.
Warren County's Legacy For The Quest To Eliminate Health Disparities, Charles Lee
Warren County's Legacy For The Quest To Eliminate Health Disparities, Charles Lee
Golden Gate University Environmental Law Journal
At least two paradigm shifts have revolutionized the field of environmental health since Rachel Carson’s day. One occurred when environmental health encountered civil rights, forming the environmental justice movement. We are in the midst of the second, as environmental health reunited with architecture and urban planning. Significantly, these two paradigm shifts are converging. This article will examine how this convergence is taking place, and its significant implications for efforts to achieve environmental justice, community health and sustainability, and the elimination of health disparities.
Title Vi And The Warren County Protests, Bradford Mank
Title Vi And The Warren County Protests, Bradford Mank
Golden Gate University Environmental Law Journal
One part of the 1982 civil rights struggle against building a Polychlorinated Biphenyls (“PCB”) landfill in Warren County, North Carolina, was an unsuccessful suit by the National Association for the Advancement of Colored People (“NAACP”) under Title VI of the 1964 Civil Rights Act . The NAACP alleged that the state of North Carolina, a recipient of United States Environmental Protection Agency (“EPA” or “the Agency”) funds, had discriminated against minorities by building the landfill in Warren County, which had the highest percentage of minorities among all the counties in the state, while ignoring several alternative suitable or superior sites …
Warren County And The Birth Of A Movement: The Troubled Marriage Between Environmentalism And Civil Rights, Veronica Eady
Warren County And The Birth Of A Movement: The Troubled Marriage Between Environmentalism And Civil Rights, Veronica Eady
Golden Gate University Environmental Law Journal
The protests at Warren County, North Carolina, in the early 1980s led to several critical, galvanizing events in the history of the environmental justice movement. This article suggests that the environmental justice movement — while often characterized as a marriage between the environmental and civil rights movements — has adopted key facets of both movements. The 1990 letter to the so-called “Big 10” marked an evolutionary point that has led the environmental justice movement to establish valuable alliances with some mainstream environmental groups. Additionally, the article suggests from a jurisprudential perspective that civil rights laws in that same period failed …
Environmental Justice Comes Full Circle: Warren County Before And After, Dollie Burwell, Luke W. Cole
Environmental Justice Comes Full Circle: Warren County Before And After, Dollie Burwell, Luke W. Cole
Golden Gate University Environmental Law Journal
This article/remembrance chronicles the Warren County struggle. It begins before the protests that thrust it into the national spotlight, examining the factors that led to the struggle in the first place. It touches on the protests themselves, and then recounts part of the Warren County story that is not well known: the ultimate detoxification of the polychlorinated biphenyls (“PCBs”) site. Finally, it examines the legacy of the Warren County struggle, both nationally and locally in the county itself. In places, it self-consciously departs from the third person to describe in first person narrative (presented in the italicized portions of the …
Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky
Roots Of The Grassroots: An Introduction To The Issue, Paul Stanton Kibel, Edward J. Lubarsky
Golden Gate University Environmental Law Journal
No abstract provided.
Volume 1 Masthead
Golden Gate University Environmental Law Journal
No abstract provided.
Note On Inaugural Edition, Clifford L. Rechtschaffen, Jennifer A. Maier
Note On Inaugural Edition, Clifford L. Rechtschaffen, Jennifer A. Maier
Golden Gate University Environmental Law Journal
No abstract provided.