Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Institution
-
- Golden Gate University School of Law (10)
- University of San Diego (7)
- Association of American Law Schools (2)
- Chicago-Kent College of Law (2)
- Vanderbilt University Law School (2)
-
- Duke Law (1)
- Lewis & Clark Law School (1)
- Maurer School of Law: Indiana University (1)
- Nova Southeastern University (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Miami Law School (1)
- Villanova University Charles Widger School of Law (1)
- Washington and Lee University School of Law (1)
- Publication
-
- Golden Gate University Law Review (10)
- San Diego Journal of Climate & Energy Law (7)
- Journal of Legal Education (2)
- Seventh Circuit Review (2)
- Vanderbilt Journal of Transnational Law (2)
-
- Animal Law Review (1)
- Duke Environmental Law & Policy Forum (1)
- ILSA Journal of International & Comparative Law (1)
- Indiana Law Journal (1)
- Journal of Business & Technology Law (1)
- University of Miami International and Comparative Law Review (1)
- Villanova Environmental Law Journal (1)
- Washington and Lee Journal of Energy, Climate, and the Environment (1)
Articles 1 - 30 of 31
Full-Text Articles in Law
The Future Of Animal Law: Moving Beyond Preaching To The Choir, Megan A. Senatori, Pamela D. Frasch
The Future Of Animal Law: Moving Beyond Preaching To The Choir, Megan A. Senatori, Pamela D. Frasch
Journal of Legal Education
No abstract provided.
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
Brazil's Launch Of Lender Environmental Liability As A Tool To Manage Environmental Impacts, Bianca Zambão
University of Miami International and Comparative Law Review
Due to an emerging Brazilian doctrine of environmental liability, lenders now face the prospect of lawsuits that seek remediation of, or compensation for, environmental damages resulting from their borrowers' activities. Unprecedented judicial decisions (based on a strict, joint and several environmental liability for lenders) broad standing, and ongoing initiatives of the government portray financial institutions as the best target to pursue environmental protection in the country. That scenario, however, may represent a detour from the imperative improving the functionality of the public administration. This article examines how legal actors are shaping Brazil's environmental law enforcement and the extent to which …
Piecemeal Legislative Proposals: An Inappropriate Approach To Managing Offshore Oil Drilling, Lynn S. Sletto
Piecemeal Legislative Proposals: An Inappropriate Approach To Managing Offshore Oil Drilling, Lynn S. Sletto
Golden Gate University Law Review
The election of George W. Bush in 2000 as the forty-fourth President of the United States, a perceived pro offshore oil-drilling President), was followed by several legislative proposals aimed at limiting or ceasing oil drilling off the coast of most of the states. This comment discusses why these legislative proposals are unworkable in light of the nation's goals for managing offshore oil drilling. Nonetheless, many of these legislative proposals highlight the coastal state's specific concerns, as well as, improvements to the offshore oil leasing decision-making process to alleviate those concerns.
Erroneous And Unauthorized Revisions To The California Environmental Quality Act: 1998 Ceqa Revisions Violate Legislative Intent And Contradict Judicial Holdings, Kristin Henry
Golden Gate University Law Review
This Comment will summarize the CEQA review process to which California agencies must adhere. Next, Part III of this Comment will examine San Joaquin Raptor/Wildlife Rescue v. Stanislaus and Kings County Farm Bureau v. Hanford, two landmark California appellate court cases that have interpreted the CEQA review process prior to the amended regulations. Included in Part III A is an analysis of how lead agencies have treated cumulative impacts in the past during the CEQA review process and an explanation of the recent amendments purporting to codify that interpretation. In Part III B, this Comment will explain the recent amendments …
Environmental Justice Enforcement Requires Reassessment Under The Equal Protection Clause, Title Vi Of The Civil Rights Act, And Environmental Statutes, Kenneth Owen
Golden Gate University Law Review
This article will suggest what is required to prevail under the purposeful discrimination standard under the Equal Protection Clause and Title VI of the Civil Rights Act of 1964. Interestingly, no equal protection environmental justice case or Title VI action has been presented to a jury charged with determining the factual issue of intent. The author will next explore the possibility of winning environmental justice cases under the citizen suit provisions that are part of most environmental statutes. Lastly, the author will suggest arguments to possible defenses that might be raised by defendants.
Environmental Law - Resource Investments, Inc. V. U.S. Army Corps Of Engineers, Marcelin E. Keever
Environmental Law - Resource Investments, Inc. V. U.S. Army Corps Of Engineers, Marcelin E. Keever
Golden Gate University Law Review
In Resource Investments Inc. v. United States Army Corps of Engineers, the United States Court of Appeals for the Ninth Circuit considered whether section 404 of the Clean Water Act (CWA) authorized the United States Army Corps of Engineers (Corps) to require a landowner to obtain a dredge and fill permit from the Corps before constructing a municipal solid waste landfIll on a wetlands site. The Court held that when a proposed project affecting a wetlands area is a solid waste landfill, the Environmental Protection Agency (EPA), rather than the Corps, will have permit authority under the Resource Conservation and …
Environmental Law - Northcoast Environmental Center V. Glickman, Lisa Braly
Environmental Law - Northcoast Environmental Center V. Glickman, Lisa Braly
Golden Gate University Law Review
In Northcoast Environmental Center v. Glickman, the United States Court of Appeals for the Ninth Circuit held that a less deferential standard of "reasonableness" applied to its review of legal questions that determined the applicability of the National Environmental Policy Act (NEPA,). Thus, when no facts are in dispute, an agency's decision not to prepare an Environmental Impact Statement (EIS)"will be upheld unless it is unreasonable. When facts are in dispute, however, the Supreme Court decision of Marsh v. Oregon Natural Resources Council, which applied an "arbitrary and capricious" standard of review, controls. The Ninth Circuit also decided that district …
Environmental Law - City Of Auburn V. U.S. Government, Lisa Braly
Environmental Law - City Of Auburn V. U.S. Government, Lisa Braly
Golden Gate University Law Review
In City of Auburn v. U.S. Government; the United States Court of Appeals for the Ninth Circuit held that the plain language of the Interstate Commerce Commission Termination Act (lCCTA) preempts state and local permitting laws regarding railroad operations. The court reasoned that since the ICCTA gave the Surface Transportation Board (Board), a federal agency, exclusive jurisdiction over certain railroad matters, railroad companies were required to follow only federal permitting laws, not those of a state or city. Thus, Burlington Northern Railroad is not subject to the environmental permitting laws of the city of Auburn. The court also held that …
A Deeper Shade Of Green: The Evolution Of Cuban Environmental Law And Policy, Fredric Evenson
A Deeper Shade Of Green: The Evolution Of Cuban Environmental Law And Policy, Fredric Evenson
Golden Gate University Law Review
This article provides a brief history and general overview of Cuba's environmental legal system describing the contemporary framework of environmental laws, and the governmental and non-governmental institutions responsible for its creation, implementation, and enforcement. To illustrate how Cuba's environmental regulatory scheme is designed 'to operate, focus is directed on environmental requirements of foreign investment projects and the related fields of environmental licensing, environmental impact assessment, state environmental inspection, and civil responsibility. This article concludes that Cuba's new framework environmental law and revised institutional structure are significant expressions of the government's desire to protect the environment. The recent changes in these …
Too Late In The Game: How Ballot Measures Undercut Ceqa, Jon Rainwater, Susan Stephenson
Too Late In The Game: How Ballot Measures Undercut Ceqa, Jon Rainwater, Susan Stephenson
Golden Gate University Law Review
Because the regulatory guidelines for the California Environmental Quality Act ("CEQA") contain an exemption for "the submittal of proposals to a vote of the people," both projects avoided environmental analysis after the board of supervisors and the electorate had given a green light for the projects. In this article, we will examine the possibility that the ballot measure exemption functions as a loophole that weakens the goal of early meaningful, analysis that is at the heart of CEQA. To. put the exemption in a specific environmental and political context, we will look at some of the environmental impacts of the …
Environmental Law - Mccarthy V. Thomas: Are States Bound When Approval Of An Sip Is Merely Conditional?, Edward P. Murphy
Environmental Law - Mccarthy V. Thomas: Are States Bound When Approval Of An Sip Is Merely Conditional?, Edward P. Murphy
Golden Gate University Law Review
In McCarthy v. Thomas, the Ninth Circuit held that the Clean Air Act (hereinafter "CAA") authorizes the Environmental Protection Agency (hereinafter "EPA") to conditionally approve a State Implementation Plan (hereinafter "SIP"), thereby binding the states even if later EPA actions do not specifically reference the earlier conditionally approved provisions. In McCarthy, the SIP which included transportation measures for Pima and Maricopa Counties in Arizona, had never been fully approved by the EPA, but had received a conditional approval. Since Arizona had difficulty complying with the CAA, the SIP was revised several times before the EPA granted full approval. The final …
Environmental Law, M. Lynn Haggerty, Cherie P. Shanteau
Environmental Law, M. Lynn Haggerty, Cherie P. Shanteau
Golden Gate University Law Review
No abstract provided.
Discharge Of Rcra Injunctive Claims In Bankruptcy: The Seventh Circuit's Decision In United States V. Apex Oil Co., Inc., Diana E. Rdzanek
Discharge Of Rcra Injunctive Claims In Bankruptcy: The Seventh Circuit's Decision In United States V. Apex Oil Co., Inc., Diana E. Rdzanek
Seventh Circuit Review
In its recent decision in United States v. Apex Oil, Inc., the Seventh Circuit considered whether an injunction under an environmental statute, even one that requires significant expenditures on the part of the debtor, could ever be a "right to payment" under the Bankruptcy Code, which would allow the claim to be discharged in the bankruptcy. The Seventh Circuit answered in the negative. Since the Supreme Court's decision in Ohio v. Kovacs, the federal circuits have disagreed on the discrete issue of when a claim arises for purposes of bankruptcy with respect to clean-up injunctions under environmental laws. …
The Development Of Environmental Governance Regimes: A Chinese-Inspired Reconstruction, Roda Mushkat
The Development Of Environmental Governance Regimes: A Chinese-Inspired Reconstruction, Roda Mushkat
Washington and Lee Journal of Energy, Climate, and the Environment
The challenge of protecting the biosphere has both salient academic and policy dimensions. On the academic side, persistent efforts have been made in the field of socio-legal studies to enhance the understanding of the complex processes involved, in the domestic arena and on the international front, in the formation and transformation of the elaborate institutional arrangements designed to contribute to this goal. The scholars engaged in those efforts have pursued divergent paths, but one school of thought has moved decisively to the forefront. China’s experience does not cast doubt on its relevance, or even prominence, yet it suggests that multi-pronged …
Book Review Of The Rise Of The Conservative Legal Movement: The Battle For The Control Of The Law, By Steven M. Teles, Jacob Heilbrunn
Book Review Of The Rise Of The Conservative Legal Movement: The Battle For The Control Of The Law, By Steven M. Teles, Jacob Heilbrunn
Journal of Legal Education
No abstract provided.
How Many Environmental Plaintiffs Are Still Standing?, Andrew D. Dorn
How Many Environmental Plaintiffs Are Still Standing?, Andrew D. Dorn
Seventh Circuit Review
Standing is easy to describe but difficult to apply. At a minimum, standing requires three elements: (1) injury-in-fact; (2) traceability to conduct of the defendant; and (3) that a favorable decision could provide redress for the injury. This Note outlines the development of the standing doctrine from Lujan v. Defenders of Wildlife through Summers v. Earth Island Institute and examines how several courts have applied this standard to their cases. It also analyzes Pollack v. Department of Justice. It proposes an approach that demands more than pleadings but removes the court's license to pre-litigate the merits of the case …
Enabling Investments In Environmental Sustainability, Heather Hughes
Enabling Investments In Environmental Sustainability, Heather Hughes
Indiana Law Journal
No abstract provided.
An Environmental Competition Statute, David M. Driesen
An Environmental Competition Statute, David M. Driesen
San Diego Journal of Climate & Energy Law
The next generation of environmental law should use economic incentives to creatively stimulate innovation in environmental technology. This Article proposes an environmental competition statute as a means of stimulating movement toward a more sustainable future. Such a statute would authorize those who achieve low emissions to collect the cost of achieving low emissions plus a premium from competitors with higher emissions.
This Article briefly explains the value of using this mechanism. It then canvasses the problems with the first and second generation of environmental law that an environmental competition statute can help us overcome. A detailed description of an environmental …
The Effects Of Brazilian Agricultural Property Policies And International Pressures On The Soybean Industry: Incentives For Amazon Deforestation And How It May Be Reduced, Tyler E. Hazen
San Diego Journal of Climate & Energy Law
This Article begins in Part II with an overview of the Amazonian environment and the rise of soybeans as a lucrative export product. Part III discusses how Brazilian property law and land use culture has facilitated transformation of land for cultivation and ultimately, deforestation. Part IV discusses international reaction to Brazil’s sovereignty over the Amazon, including European import practices such as protectionism, desire for hormone-free products, as well as market incentives for soy raised on land that was not deforested. Finally, Part V offers solutions for working within the current system, aggressively supporting the policies against deforestation while respecting the …
Looking Back To Move Forward: Revisiting The Btu In Evaluating Current Policy Alternatives, Walter Wang
Looking Back To Move Forward: Revisiting The Btu In Evaluating Current Policy Alternatives, Walter Wang
San Diego Journal of Climate & Energy Law
To evaluate the current policy alternatives, it is necessary to take a step back and revisit the Btu tax proposed by the Clinton Administration. Although seventeen years have passed since the Btu tax was proposed, and the U.S. is at war in theaters that are much different from those in which it was involved during the Clinton Administration, the landscape of the climate change debate has not changed dramatically. The lessons learned from the policies espoused by the Btu tax proposal may be critical in determining how to best approach climate change legislation today.
Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister
Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister
San Diego Journal of Climate & Energy Law
This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …
Climate Change Law In And Over Time, Richard J. Lazarus
Climate Change Law In And Over Time, Richard J. Lazarus
San Diego Journal of Climate & Energy Law
The critical lesson for climate change legislation is that the pending lawmaking moment must include the enactment of provisions specifically designed to maintain the legislation’s ability to achieve its long-term objectives over the longer term. For climate change legislation to be successful, the new legal framework must simultaneously be flexible in certain respects and steadfast in others. Flexibility is necessary to allow for the modification of legal requirements over time in light of new information. Steadfastness or “stickiness” is important to maintain the stability of a law’s requirements over time. The need for both is particularly great for climate change …
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
San Diego Journal of Climate & Energy Law
Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.
Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan
Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan
San Diego Journal of Climate & Energy Law
As part of the University of San Diego Law School’s Second Annual Climate and Energy Law Symposium, we decided to review the enforcement provisions of the main federal greenhouse gas control options, with a view to drawing lessons from that review that could inform policy choices and program design. Our review suggests that there are relative strengths and weaknesses, as well important tradeoffs to be made, in the enforcement provisions of each of the leading candidate programs. Our review further suggests that some revisions should be made to these provisions to help ensure that the greenhouse gas control programs meet …
Reviewing Carbon Charges And Free Allowances Under Environmental Law And Principles, Steve Charnovitz
Reviewing Carbon Charges And Free Allowances Under Environmental Law And Principles, Steve Charnovitz
ILSA Journal of International & Comparative Law
In late June 2009, a slim majority of the U.S. House of Representatives enacted the American Clean Energy and Security Act
Legal Techniques For Dealing With Scientific Uncertainty In Environmental Law, Jorge E. Vinuales
Legal Techniques For Dealing With Scientific Uncertainty In Environmental Law, Jorge E. Vinuales
Vanderbilt Journal of Transnational Law
This Article analyzes how scientific uncertainty is handled in international environmental law. It identifies ten legal techniques used for this purpose (i.e., precautionary reasoning; framework-protocol approach; advisory scientific bodies; law-making by treaty bodies; managerial approaches to compliance; prior informed consent; environmental impact assessment and monitoring; provisional measures; evidence; and facilitated liability) and links them to four different stages of development of environmental regimes (i.e., advocacy, design, implementation, and reparation). These techniques are illustrated by reference to some fifteen environmental treaties and other instruments as well as through a detailed case study focusing on the climate change regime.
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Duke Environmental Law & Policy Forum
No abstract provided.
Exxon V. Baker: Legislating Spills Into The Judiciary: How The Supreme Court Sank Maritime Punitive Damages, David R. Nolte
Exxon V. Baker: Legislating Spills Into The Judiciary: How The Supreme Court Sank Maritime Punitive Damages, David R. Nolte
Journal of Business & Technology Law
No abstract provided.
Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye
Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye
Vanderbilt Journal of Transnational Law
In recent decades, the world's various fisheries have seen a number of problems, primarily depletion of fish stocks due to overfishing. While the UN has created some soft law, including sustainable fishing standards, to deal with the problem of fisheries depletion, no binding international laws currently exist. Several entities have decided to deal with the problem on their own, through eco-labeling programs. The Marine Stewardship Council, a private entity not directly affiliated with the government of any country, has created such a program. In addition, some governments have created similar programs, including Japan through its Marine Eco-Label Japan program. While …
Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey
Something Stinks: The Need For Environmental Regulation Of Puppy Mills, Melissa Towsey
Villanova Environmental Law Journal
No abstract provided.