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Full-Text Articles in Law
Comments On South Fresno Road Widening Project, Golden Gate University School Of Law
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.
Comments Re: Baaqmd Permitting Rules, Golden Gate University School Of Law
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.
Maintaining The California Environmental Quality Act's Informational Goals Under The Use Of Design-Build, Christopher L. Garcia
Maintaining The California Environmental Quality Act's Informational Goals Under The Use Of Design-Build, Christopher L. Garcia
Golden Gate University Environmental Law Journal
Today’s environmentally conscious world demands that those who undertake construction projects consider their effects on air and water quality, the flora and fauna, and where people will live, among other public concerns. Chief in ensuring that these impacts are considered before construction in the Golden State is the California Environmental Quality Act (CEQA). CEQA is “the cornerstone of California’s environmental laws,” requiring mitigation, public comment, and controls approval of construction projects that may potentially have a significant effect on the environment. At its core, CEQA is a comprehensive environmental protection and informational statute designed to ensure that the developer of …
A Salmon Eye Lens On Climate Adaption, Paul S. Kibel
A Salmon Eye Lens On Climate Adaption, Paul S. Kibel
Publications
This Article discusses the current gap in climate adaptation law and policy, emphasizing the potential role that the National Environmental Policy Act (NEPA), Endangered Species Act (ESA) and California Environmental Quality Act (CEQA) could play in filling this gap. It focuses on the provisions in these laws that establish that agency planning and decision-making should be based on the best available science, and notes that the best available science now confirms that GHG emission-induced climate change is happening now and will continue to happen during this century. This Article posits that the most appropriate and effective way to factor expected …
Environmental Justice As An Essential Tool In Environmental Review Statutes — A New Look At Federal Policies And Civil Rights Protections And California’S Recent Initiatives, Alan Ramo
Publications
Recent litigation by the California Attorney General has sparked renewed interest in the role of environmental justice under federal and state project environmental review laws. Some say that inserting environmental justice into environmental review marks a “radical expansion” of the role of social justice in environmental review. Environmental justice is now a wellestablished federal legal doctrine addressing communities disproportionately exposed to environmental hazards as a result of their social or economic demographics. The doctrine is supported by President Clinton’s executive order, along with agency guidelines and regulations under the National Environmental Policy Act (“NEPA”), which govern federal project environmental review. …
Not A Ceqa Question, Alan Ramo
Not A Ceqa Question, Alan Ramo
Publications
Until the California Supreme Court speaks, the environment's impact on a project is not subject to environmental review.
A Wolf In Sheep's Clothing: The Plastics Industry's "Public Interest" Role In Legislation And Litigation Of Plastic Bag Laws In California, Jennie R. Romer, Shanna Foley
A Wolf In Sheep's Clothing: The Plastics Industry's "Public Interest" Role In Legislation And Litigation Of Plastic Bag Laws In California, Jennie R. Romer, Shanna Foley
Golden Gate University Environmental Law Journal
In recent years, single-use plastic bag reduction ordinances have emerged as a lasting icon for the environmental movement. Despite fierce resistance from the plastics industry, premised primarily on the argument that such ordinances could potentially have harmful effects on the environment, the momentum to pass these ordinances remains strong. The plastics industry has spent millions lobbying against local ordinances and for statewide preemption of local ordinances, engaged in epic public relations campaigns, and sued or threatened to sue virtually every California municipality that has recently taken steps to adopt a plastic bag ordinance. Plastic bag manufacturers also sued a reusable …
Addressing The Significance Of Greenhouse Gas Emissions Under Ceqa: California’S Search For Regulatory Certainty In An Uncertain World, Alexander G. Crockett
Addressing The Significance Of Greenhouse Gas Emissions Under Ceqa: California’S Search For Regulatory Certainty In An Uncertain World, Alexander G. Crockett
Golden Gate University Environmental Law Journal
This Article explores the efforts of California’s air agencies in addressing how to determine the significance of a project’s greenhouse gas emissions under CEQA, focusing on the recent guidance adopted by three of California’s largest regional air-quality agencies – the South Coast Air Quality Management District, the San Joaquin Valley Air Pollution Control District, and the Bay Area Air Quality Management District. It also addresses work done by the California Air Pollution Control Officers Association and the California Air Resources Board (ARB), which laid the foundations for these agencies’ actions. In Section II, the Article provides a brief review of …
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 …
Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn
Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn
Golden Gate University Environmental Law Journal
The predicament faced in San Francisco Bay is confronted in bays and estuaries throughout the nation. Using BCDC as a case study, this Article examines the threats posed by climate change to San Francisco Bay, the relationship between the public trust doctrine and the Takings Clause, and how the public trust doctrine can help public agencies address the impacts of climate change and sea level rise by: enhancing limited permit authority; requiring fees to mitigate the impacts of climate change; addressing the impacts of shoreline armoring; utilizing rolling easements and other legal mechanisms; protecting wetlands, marshes, and salt ponds; implementing …
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.
Why Ceqa Exemption Decisions Need Additional Notice Requirements, Deborah N. Behles
Why Ceqa Exemption Decisions Need Additional Notice Requirements, Deborah N. Behles
Publications
This article will initially describe CEQA, its exemptions, and the lack of notice requirements for exemption decisions. Next, this article will set forth the reasons why additional notice provisions are necessary to protect communities from agencies erroneously exempting projects that adversely impact the environment from environmental review. Lastly, this article will propose guidelines for projects that should require additional notice, explain how to implement them, and outline the information the notice should contain.
The California Environmental Quality Act - Volume I - Summary Report With Conclusions And Recommentations, Environmental Analysis Systems, Inc.
The California Environmental Quality Act - Volume I - Summary Report With Conclusions And Recommentations, Environmental Analysis Systems, Inc.
California Assembly
An evaluation emphasizing its impact upon California cities and counties with recommendations for improving its effectiveness. A report prepared for the Assembly Committee on Local Government.
The California Environmental Quality Act - Volume Iii - Discussion Of Costs And Delays Related To Environmental Review, Environmental Analysis Systems, Inc.
The California Environmental Quality Act - Volume Iii - Discussion Of Costs And Delays Related To Environmental Review, Environmental Analysis Systems, Inc.
California Assembly
An evaluation emphasizing its impact upon California cities and counties with recommendations for improving its effectiveness. A report prepared for the Assembly Committee on Local Government.
The California Environmental Quality Act - Volume Ii - Eir Survey Issues Raised And Some Other Characteristics Of Eirs Prepared By Local Jurisdictions Under Ceqa, Environmental Analysis Systems, Inc.
The California Environmental Quality Act - Volume Ii - Eir Survey Issues Raised And Some Other Characteristics Of Eirs Prepared By Local Jurisdictions Under Ceqa, Environmental Analysis Systems, Inc.
California Assembly
An evaluation emphasizing its impact upon California cities and counties with recommendations for improving its effectiveness. A report prepared for the Assembly Committee on Local Government.