Law Commons^™

Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis

Golden Gate University Law Review

This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental …

Does Ceqa Need A Rewrite Or Just A Better Public Relations Manager?, Brian Gillis

GGU Law Review Blog

I’ve recently been tempted to blame my existential climate-change-induced dread on a 50-year-old environmental law that may be exacerbating California’s contributions to the climate crisis. The impacts of climate change are here and will only grow more severe. I’m angry, and I am scared for the future because we aren’t doing nearly enough to mitigate the worst impacts of climate change. The climate action pledges taken by many countries are insufficient, and we aren’t even on track to meet these pledges. The calls-to-action are all about urgency: “we need to act yesterday to avoid a climate catastrophe.” So, an environmental …

Fast Fashion: A Price The Planet Has To Pay, Abby Gager

Environmental Law Journal blog

With fashion trends rapidly changing, the fashion industry is placed under pressure to produce new styles quickly and for a cheap price. Although consumers enjoy having the latest trends at their fingertips with the convenience of online shopping, the rise of fast fashion will have a long-lasting detrimental impact on the environment. Fashion is considered “fast” for a variety of reasons; the constant change in trends is fast, the rate of production is fast, the consumer’s decision and methods of buying are fast, delivery is fast, and articles of clothing are worn fast before they are tossed and to never …

Climate Change And Social Vulnerability In The United States A Focus On Six Impacts, Us Environmental Protection Agency

Federal Documents

Climate change affects all Americans—regardless of socioeconomic status—and many impacts are projected to worsen as temperatures and sea levels continue to rise, snow and rainfall patterns shift, and some extreme weather events become more common. A growing body of literature focuses on the disproportionate and unequal risks that climate change is projected to have on communities that are least able to anticipate, cope with, and recover from adverse impacts. Many studies have discussed climate change impacts on socially vulnerable populations, but few have quantified disproportionate risks to socially vulnerable groups across multiple impacts and levels of global warming.

This report …

The Future Of The Safe Rule And Achieving More Climate-Friendly Cafe Regulations, Maximo Lacerca-Desrosiers

Golden Gate University Environmental Law Journal

On April 30, 2020, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) issued a final rule called the “Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021-2026 Passenger and Light Trucks” (“SAFE Rule”) to amend the Corporate Average Fuel Economy (“CAFE”) ratings. CAFE standards are regulations first enacted nearly fifty years ago to promote greater fuel efficiency in car manufacturing through a system of incentives and penalties. While the CAFE standards have been revised many times over the years, the SAFE Rule rolled back the more stringent 2012 CAFE standards that sought to align fuel …

Is An Injunction The Right Vehicle To Combat Climate Change?: Greenwashing And The Importance Of Increasing Consumer Choice In Fossil Fuel Alternatives, Caesaria Kim

Golden Gate University Environmental Law Journal

In the face of the climate crisis, people are increasingly interested in more sustainable and eco-conscious alternatives to fossil fuels. As a result, companies associated with fossil fuel industries are under pressure to conform to this trend among consumers by marketing themselves as leaders in developing sustainable alternatives. However, instead of changing their practices in an effort to mitigate climate change, some companies only promote the appearance of change by engaging in “greenwashing.” Greenwashing is defined as the “practice of misleading people to believe that a company is engaging in virtuous practices so as to cover up poor practices” or …

A Clean Water Act, If You Can Keep It, Sean G. Herman

Golden Gate University Environmental Law Journal

The Clean Water Act has traveled a successful but tortuous path. From combustible beginnings on the Cuyahoga River; through the Lake St. Clair wetlands; to reservoirs near the Miccosukee; and eventually discharged (or “functionally” discharged) off the Maui coast. With each bend, the nearly fifty-year-old Act has proven to be not just resilient, but among our most successful environmental laws. Much of that success stems from an effective enforcement structure that focuses more on treating pollutant sources rather than just impaired waters. The text creating that structure has largely remained untouched by Congress for decades.

This article begins by posing …

Trade And Environment In Nafta’S Replacement: An Old Gas Guzzler Gets A Paint Job, Geoffrey Garver

Golden Gate University Environmental Law Journal

The North American Free Trade Agreement (NAFTA)2 is now history, and, depending on where you are, as of July 1, 2020, the Canada- United States-Mexico Agreement (CUSMA) in Canada, the United- States-Mexico-Canada (USMCA) in the United States, or the Tratado entre M´exico, Estados Unidos y Canad´a (T-MEC) is in force. The renegotiation of NAFTA fulfilled candidate Donald Trump’s promise to scrap or renegotiate NAFTA in order to protect and restore United States jobs and industrial capacity and increase economic growth, themes that consistently helped define his trade agenda politically as President. But what about the environment? When NAFTA was finalized …

Safeguarding Water Quality In Federal Licensing Decisions: California’S Response To Recent Constraints On Clean Water Act Section 401 Certification Authority, Kristin Peer, Stacy Gillespie

Golden Gate University Environmental Law Journal

Pursuant to Clean Water Act section 401, state water quality certification authority to regulate federally-licensed energy projects has been relatively well settled for decades. Long-standing precedents from the U.S. Supreme Court, other federal courts, the U.S. Environmental Protection Agency (“U.S. EPA”), and implementation of certification authority by the states, have repeatedly reinforced the cooperative federalism principle of the Clean Water Act: state section 401 certification authority is essential to preserve the states’ ability to address a wide range of pollution problems caused by federally-permitted energy facilities. In recent years, however, state section 401 certification authority has come under siege in …

Front Matter

Golden Gate University Environmental Law Journal

Front Matter includes Masthead, faculty members, administration, and Table of Contents.

Comments Re: Concrete Production, Materials Handling, And Concrete Crushing Operations At Piers 92 And 94, San Francisco, Golden Gate University School Of Law

Environmental Law and Justice Clinic

The Environmental Law and Justice Clinic at Golden Gate University School of Law (the “Clinic”) submits these comments on behalf of the African American Community Health Equity Council, All Positives Possible, Bayview Hill Neighborhood Association, Bayview Hunters Point Mothers and Fathers Committee, Communities for a Better Environment, First Generation Environmental Health & Economic Developments, Greenaction for Health and Environmental Justice, the National Lawyers Guild - SF Bay Area Chapter Environmental Justice Committee, and the West Oakland Environmental Indicators Project.

Comments On South Fresno Road Widening Project, Golden Gate University School Of Law

Environmental Law and Justice Clinic

We are writing this letter on behalf of South Fresno Community Alliance, Katy Taylor, Rosa DePew, and Panfilo Cerrillo to urge you to deny approval of the actions before you today for the Central Avenue Improvements Project (Bid File 3796) (“Project”), including the finding of Categorical Exemptions pursuant to the California Environmental Quality Act Guidelines, the Inter-fund Loan Agreement for $1,880,097, and the award of a construction contract.

San Francisco Bay Restoration Act, United States. Congress. House. Committee On Transportation And Infrastructure

Federal Documents

The Committee on Transportation and Infrastructure, to whom was referred the bill (H.R. 610) to amend the Federal Water Pollution Control Act to establish a grant program to support the restoration of San Francisco Bay, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass.

Comments Re: Baaqmd Permitting Rules, Golden Gate University School Of Law

Environmental Law and Justice Clinic

Comments regarding the Bay Area Air Quality Management District permitting rules. The comments are submitted by the Environmental Law and Justice Clinic at Golden Gate University School of Law on behalf of the West Oakland Environmental Indicators Project and Communities for a Better Environment.

Making It Usable Again: Reviving The Nation’S Domestic Recycling Industry, Megan Manning, Stephanie Deskins

Golden Gate University Law Review

This Article describes the major shortcomings of existing US federal, state, and local laws related to the recycling of solid waste; explains why these deficiencies are more costly to the US today than ever before; and identifies a set of specific policy strategies capable of supporting the development of a modernized, efficient, and profitable domestic recycling system. The Article ultimately recommends a multi-faceted approach to improving the nation’s domestic recycling programs that could ultimately usher in a new era of sustainable and cost-justifiable US recycling.

Section I of this Article describes the history and development of US recycling programs, outlining …

A Human Face To Instream Flow: Indigenous Right To Water For Salmon And Fisheries, Paul Stanton Kibel

Publications

In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on indigenous human rights laws as a basis to keep water instream to maintain salmon and fisheries. This includes reliance on sources of international law such as the International Convention on Civil and Political Rights, the United Nations Declaration on the Rights of Indigenous Peoples, the International …

Appellants' Opening Brief, Helen H. Kang

Environmental Law and Justice Clinic

ELJC Students and Professors File an Appellate Brief Arguing that Claims for Declaratory and Mandate Relief Should Be Actionable for the Water Board’s Abdication of Duty

On August 14, 2020, the Clinic filed a brief with the Third Appellate District in the Court of Appeal in the State of California, arguing that claims alleging that the State water board violated its own regulations in issuing permits governing are actionable under state law. These permits govern more than a million acres of cropland. On behalf of a diverse coalition of clients, the Clinic documents in the brief that polluted runoff from …

Green Garbage: A State Comparison Of Marijuana Packaging And Waste Management, Kevin Dalia

Golden Gate University Environmental Law Journal

This article provides a brief historiography of legislative prejudice against marijuana to provide greater context as to why marijuana laws are strict, excessive, and improperly motivated, leading to environmental concerns that could be mitigated. The article compares waste management, packaging, and labeling regulations in the ten states that have legalized commercial marijuana. This comparison allows us to explore two sides of the same regulatory coin, showing examples of excessive and environmentally harmful regulations on one side, while highlighting regulations that should serve as exemplars for future legislation on the other. Also included are some of the industry practices and community …

Vertical Consistency In The Climate Change Context, Susan M. Bradford

Golden Gate University Environmental Law Journal

This paper explores the role of general plan consistency in the context of climate change. As California’s statewide response to global warming continues to evolve, new statutory and regulatory requirements are changing the scope of local land use planning, both directly and indirectly. The San Diego case provides one example of how this changing legal framework has led to new kinds of land use conflicts over competing strategies for climate mitigation. The growing imperative for local governments to rethink land uses in response to climate change could signal a larger role for general plan consistency as a lever for enforcing …

Proceedings Of The 2019 California Water Law Symposium Panel Organized By Ggu School Of Law: Sgma And Interconnected Groundwatersurface Water, Kevin O'Brien, Richard Frank, Andy Sawyer, Alletta Belin, Paul Stanton Kibel

Golden Gate University Environmental Law Journal

California’s Sustainable Groundwater Management Act (“SGMA”) has been the topic of many discussions since its enactment in 2014. The overarching goal of SGMA is to achieve sustainable groundwater basins through management plans “without causing undesirable results.” Considering the importance and magnitude of this task, it comes as no surprise that SGMA was the theme for the February 2019 California Water Law Symposium, held at the University of California (“UC”), Hastings College of Law in San Francisco. For the Symposium, Golden Gate University School of Law (“GGU”) students gathered a panel of experts to explore the relationship between groundwater plans and …

The Animal Welfare Act Is Lacking: How To Update The Federal Statute To Improve Zoo Animal Welfare, Rebecca L. Jodidio

Golden Gate University Environmental Law Journal

Visiting the zoo is a beloved national pastime — American zoos attract 183 million people annually. For many Americans, zoos provide the first, and sometimes only, opportunity for individuals to be in the presence of animals outside of domesticated cats and dogs. However, for the animals themselves, zoos can cause suffering.

Two philosophies support the protection of wild animals in captivity: an anthropocentric and ecocentric view. According to the former, anthropocentric view, wild animals hold an extrinsic value and when they cease to be valuable to humans, or conflict with our other values, their interests can be sacrificed. The latter, …

Federalism And Water: The California Experience, Clifford T. Lee

Golden Gate University Environmental Law Journal

The struggle between California’s water plentiful north and the water deficient south has marked water conflict in the state for the last century. This struggle has played out in repeated disputes over the operation of the federal Central Valley Project (“CVP”) and the California State Water Project (“SWP”), the two inter-basin water conveyance facilities that deliver water through-out the state. Commencing in the 1920’s and 30’s with the enactment of California’s area of origin statutes and extending in more recent times to federal and state environmental laws, a complex set of legal requirements constrain the CVP and the SWP’s ability …

Why It Is Time For A “Calfire Divorce”: The Case For Establishing An Independent Forest And Resource Management Agency To Secure Healthy Forests In California, Richard A. Wilson, Sharon E. Duggan

Golden Gate University Environmental Law Journal

It is time to remove governance of California’s core sustainable forest management mandate from CalFire to allow it to focus on its overwhelming fire agency obligations. In the absence of adequate and dedicated funding and resource personnel, CalFire is not satisfying California’s forest resource management goals and objectives. After decades of decline, California must renew its fundamental commitment to sustainable forest management. The governance of forest resource management requirements, as set forth in the Z’Berg Nejedly Forest Practice Act of 1973,10 should be transferred to another agency, the focus of which is resource and land conservation. California needs one dedicated …

Front Matter

Golden Gate University Environmental Law Journal

Includes Masthead, Table of Contents, School of Law Faculty, and Administration.

California Should Lead The Nation In Controlling Agricultural Pollution, Helen H. Kang, Deborah Sivas

Publications

Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public health in communities that rely on tainted groundwater. In California alone, more than a quarter million residents in largely agricultural areas are served by water systems with degraded groundwater quality.

Carryout In The Covid-19 Crisis: The Environmental Impact Of The Increased Reliance On Restaurant Carryout Materials During The World-Wide Covid-19 Pandemic, Sabrina Guice

Environmental Law Journal blog

While carryout enables restaurants to maintain a reduced stream of income amidst the COVID-19 crisis, the incidental adverse effects of carryout is unduly placed on the environment, particularly with regard to non-reusable food containers. The environmental impact of carryout during COVID-19 does not simply begin when the consumer purchases their food from a restaurant. Rather, the environmental impacts of carryout containers during COVID-19 is galvanized. The impact of carryout containers begins during production of the containers, distribution to restaurants, delivery to customers, and does not end until and unless the containers are properly disposed of and their use is maximized.

Concrete Production And The Regulatory Role Of The Bay Area Air Quality Management District, Golden Gate University School Of Law

Environmental Law and Justice Clinic

On behalf of several grassroots community groups, the Environmental Law and Justice Clinic at Golden Gate University School of Law issues this report to publicize the Bay Area Air Quality Management District’s permitting and enforcement practices that insufficiently protect the public against harmful air pollution, including particulate matter (PM) and toxic air contaminants.

The Clinic’s investigation focused on the Air District’s oversight of three companies operating on Port of San Francisco-owned properties at Piers 92 and 94 in the City of San Francisco: CEMEX Construction Materials Pacific, LLC (CEMEX), Central Concrete Supply Co., Inc. (Central), and Hanson Aggregates Mid-Pacific, Inc. …

California’S Draft Water Resilience Portfolio: Improving Public Health And Achieving Long Term Water Resilience Through Investments In California Water Infrastructure, Ian Harris

Environmental Law Journal blog

With public health at the forefront of everyone’s mind, refocusing on investing in California’s aging water infrastructure presents key opportunities to provide clean, safe drinking water to all and begin to sustainably rebuild state water infrastructure resources. It is no secret that clean safe drinking water is necessary for a healthy life, nor is it a secret that significant portions of California’s water infrastructure, including distribution and transmission pipelines, water storage facilities and water treatment facilities, are well past their expiration dates. In the unfortunate wake of COVID-19, it will be critical for local and state level decision makers to …

Cercla Cleanup 2020.04.09 Response From Epa To Eljc Letter Dated Dec. 2019, United States Environmental Protection Agency

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

ELJC’s Dec. 13, 2019 letter commented on EPA’s November 15 letter to the Navy regarding the Navy's draft evaluation of radiological soil remediation goals at HPNS. This is EPA’s response to the four concerns identified in that letter: consideration of the risk posed by homegrown produce; lack of health based support for remediation goal for radium-226; retesting’s use of methods to adequately detect pollution; and, the Navy’s repeated unfounded statements to the public that the remediation goals are protective.

Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz

Poverty Law Conference & Symposium

Nearly fifty years since the passage of the Clean Water Act (“CWA”) in 1972, widespread pollution of California’s surface and groundwater continues across the state. “Over half of California’s lakes, bays, wetlands, and estuaries are too polluted to swim, drink, or fish,” according to the State Water Resources Control Board. Poor and working-class communities suffer disproportionately from the negative externalities and environmental impacts of water pollution, including effects on human health and wellness.

With a focus on the CWA citizen suit provision, this paper examines how the legal and administrative processes for water pollution control have not effectively addressed the …