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Articles 1 - 30 of 169
Full-Text Articles in Law
Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya
Extended Producer Responsibility (Epr): An Alternative Solution To Regulate The International Electronic Waste Trade, Tiptira Rammaniya
Theses and Dissertations
This dissertation examines the problems associated with the transboundary movement of electronic waste (e-waste), a term that refers to end-of-life or discarded electrical and electronic equipment. These problems occur mostly in developing countries where proper facilities and technology for environmentally sound management of e-waste are not sufficiently available. The Basel Convention on the Control of the Transboundary Movements of Hazardous Wastes and Their Disposal is the only existing international treaty governing the electronic waste trade. However, the Basel Convention, which employs the Prior Informed Consent (PIC) procedure as a control system, exempts electronic assemblies destined for direct reuse, repair, refurbishment, …
Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak
Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak
Golden Gate University Environmental Law Journal
This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. …
The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose
The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose
Golden Gate University Environmental Law Journal
This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability …
Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin
Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin
Golden Gate University Environmental Law Journal
No abstract provided.
How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock
How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock
Golden Gate University Environmental Law Journal
The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for water. Predicting the future is impossible, but the most conservative …
Out The Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, Seth Mansergh
Out The Smokestack: Retooling California's Marine Vessel Rules For Federal Authorization, Seth Mansergh
Golden Gate University Law Review
To illustrate how California can effectively regulate the emissions from auxiliary engines on ocean-going vessels, Part I will provide an overview of California's regulatory authority in this area. It will then illustrate how CARB responded to the harms caused by the regulatory failures at the international and national level with the Marine Vessel Rules. Part II provides an overview of the Marine Vessel Rules and the procedural history that led to the Ninth Circuit's decision in Pacific Merchant. Part III examines the reasoning of Pacific Merchant in determining the Marine Vessel Rules were a preempted emission standard. Part IV discusses …
Natural Resources Defense Council V. Environmental Protection Agency: A Call For Evenhanded Application Of The Clean Water Act Of 1972, Mary Lim
Golden Gate University Law Review
In Natural Resources Defense Council v. EPA ("NRDC v. EPA"), the Natural Resources Defense Council ("NRDC") challenged the EPA's permit exemption for oil and gas construction sites as a violation of the CWA, claiming that the exemption was inconsistent with the CWA's goal of protecting the nation's waters. The United States Court of Appeals for the Ninth Circuit held that the EPA's rule was arbitrary and capricious in light of the EPA's consistent, long-standing position of requiring permits for sediment discharges. In addition, the Ninth Circuit supported its reasoning with the fact that Congress did not specifically mention the term …
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Dirty Property For Dirt Cheap: Cgl Coverage For The Diminished Value Of Contaminated Sites Under Goodstein V. Continental Casualty Co., Daniel S. Cho
Golden Gate University Law Review
In Goodstein v. Continental Casualty CO., the United States Court of Appeals for the Ninth Circuit held that the diminution in sale value of property due to pollution does not constitute "property damage" under a comprehensive general liability insurance policy where the sale contract did not require the buyer to remediate as a condition of the sale. In so holding, the court found that diminished property value is not "physical injury to tangible property," nor is it "damage" that the "insured shall become legally obligated to pay" because of "property damage." However, without determining whether the mere designation of property …
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Outgrowing The Commerce Clause: Finding Endangered Species A Home In The Constitutional Framework, Jennifer A. Maier
Golden Gate University Law Review
This Comment examines the controversial relationship between the ESA and the Commerce Clause. Part I provides an overview of the Commerce Clause and the ESA. Part II reviews the evolution of the Commerce Clause and examines, in its current form, the Constitution's capacity to support the ESA. Part III examines the likelihood of Supreme Court review of the ESA due to conflicting circuit court opinions and recent changes in the Supreme Court composition. Part IV identifies several factors that endanger the ESA at the Supreme Court level. The Comment concludes that, despite several seemingly favorable factors, the Commerce Clause framework …
Remembering The Spirit Of The Endangered Species Act: A Case For Narrowing Agency Discretion To Interpret "Significant Portion" Of A Species' Range, Ashling P. Mcananey
Remembering The Spirit Of The Endangered Species Act: A Case For Narrowing Agency Discretion To Interpret "Significant Portion" Of A Species' Range, Ashling P. Mcananey
Golden Gate University Law Review
Part I of this Comment addresses the importance of biodiversity and the need to protect endangered and threatened species. A lack of an understanding of, and respect for, the manner in which all species improve our quality of life can make it difficult to support the ESA when it conflicts with the interests of property owners or the federal government. Part II briefly details the history of the 1973 ESA and its predecessor statutes. Part III provides a summary of the relevant portions of the ESA. Part IV outlines the substantive guidelines and procedural safeguards to be adopted by the …
Considering Environmental Justice In The Decision To Unbundle Renewable Energy Certificates, Ida Martinac
Considering Environmental Justice In The Decision To Unbundle Renewable Energy Certificates, Ida Martinac
Golden Gate University Law Review
This comment discusses the current debate over whether or not to unbundle Renewable Energy Certificates (RECs) and concludes that no regulatory or legislative decision can be made without careful consideration of the potential adverse environmental impacts of unbundling upon disadvantaged communities. Part I explains the concept of Distributed Generation, its history and its importance for the electrical utility industry, paying particular attention to renewable Distributed Generation. Next, it describes the role of the CPUC in the argument regarding REC bundling. This part also examines legislative efforts undertaken to deal with the evolving relationship between renewable energy generators, Distributed Generators and …
Smoke Before Oil: Modeling A Suit Against The Auto And Oil Industry On The Tobacco Tort Litigation Is Feasible, Angela Lipanovich
Smoke Before Oil: Modeling A Suit Against The Auto And Oil Industry On The Tobacco Tort Litigation Is Feasible, Angela Lipanovich
Golden Gate University Law Review
This Comment explores the viability of using the same legal theories employed in the 1990's tobacco litigation to hold the petro industry accountable in California for some of the harms caused by its products. Section I reviews the historical framework and key events leading to the tobacco tort litigation's recovery of public expenses and attainment of industry accountability. Section II describes some of the damages that petro plaintiffs could allege in similar tort claims brought against the petro industry and identifies public costs that petro plaintiffs might be able to recover. In Section III the feasibility of bringing petro tort …
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Golden Gate University Law Review
For decades, the Anacostia River -- its shoreline, waterfront neighborhoods and watershed -- has been neglected by parties responsible for its stewardship. The river's water is severely polluted; obsolete transportation infrastructure isolates neighborhoods and divides Washington into areas "east" and "west" of the river; public parks are underutilized and suffer from chronic disinvestment; and several communities along the river are among the poorest in the metropolitan Washington region. With the river forming a boundary between race and class and with over 70 percent of the river's lands in public ownership, the need to rethink the management of this urban river …
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
Golden Gate University Law Review
This paper will detail the vision for a transformed Detroit Riverfront, the efforts to realize the vision, and lessons learned to date. Specifically, the article will focus on the creation of the Detroit RiverFront Conservancy, Inc. (DRFC), a non-profit organization that is charged with facilitating the transformation through a strong public-private partnership. Section I will provide the background on the Detroit River, important demographics regarding the riverfront and early work on the vision. Section II and III will highlight the work of the DRFC and the project details. Finally, Section IV covers key success factors and challenges, focusing on important …
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Golden Gate University Law Review
Reversing the flow of the Chicago River is just one of many interventions to the natural system. In section II, the authors trace the historical use of innovative engineering approaches for managing the Chicago River. Then, the article analyzes two current engineering solutions that continue the pattern of human intervention. Section III turns to the tunnel and underground reservoir project, the vast system of deep tunnels designed to manage wastewater and storm water flooding. Section IV reviews the aquatic nuisance species dispersal barrier or electric fence as it is commonly referred to. This barrier is a last ditch effort to …
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Golden Gate University Law Review
This article addresses the background of this historically significant creek, its encapsulation early in the twentieth century, and a modern-day attempt to daylight the creek using legislation originally enacted as part of the Clean Water Act. The article also traces the background leading to the national movement towards the current trend of restoring rivers and streams, which began in the 1970s, and has continued to the present time. The article also looks briefly at the Brownfields Showcase Project which spurred the daylighting. It will also explore in detail the US Army Corps of Engineers' ("USACE") efforts under the ecosystem restoration …
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 Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
Golden Gate University Law Review
This Article emphasizes how the Santa Clara Valley Water District (SCVWD), the Guadalupe-Coyote Resource Conservation District (GCRCD) (as the plaintiff in the several complaints), and other parties developed a joint scientific record as the basis for their negotiations, and how the resulting settlements use adaptive management to assure cost-effective restoration in the face of continuing uncertainty about the impacts of SCVWD's water supply and flood protection facilities. Section I addresses the settlement of a water rights complaint brought against the SCVWD to modify the operation of its water supply system in the upper reach of the river. Section II explores …
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
A New Story Of David And Goliath: The Alien Tort Claims Act Gives Victims Of Environmental Injustice In The Developing World A Viable Claim Against Multinational Corporations, Pauline Abadie
Golden Gate University Law Review
Part I of this Comment provides a general background highlighting the tentacular role that multinational corporations play in our "globalized" world. Part I also stresses the link between extractive industries, environmental destruction and human rights violations, and uses three cases recently brought in U.S. federal courts against multinational corporations to illustrate such linkages. Part II provides general background information regarding the ATCA, its application and circumstances of its passage. Most important, Part II discusses the general opacity surrounding the birth of the ATCA and concludes that such nebulous origins contributed to the confusion practitioners meet today in its application. Part …
Cured Salmon?: An Epa Proposal To Regulate Pollution Produced By Salmon Farms, M. Patrick Williams
Cured Salmon?: An Epa Proposal To Regulate Pollution Produced By Salmon Farms, M. Patrick Williams
Golden Gate University Law Review
This Comment discusses the growth of net pen salmon farming and the ability of the CWA to keep up with this rapidly expanding industry. This Comment also examines the EPA's proposal to establish national effluent limits for salmon net pen farms and strategies that can be used to ensure that these farms do not cause harm to the fragile environment of the coastal seafloor.
World Ocean Public Trust: High Seas Fisheries After Grotiustowards A New Ocean Ethos?, Montserrat Gorina-Ysern
World Ocean Public Trust: High Seas Fisheries After Grotiustowards A New Ocean Ethos?, Montserrat Gorina-Ysern
Golden Gate University Law Review
This article explores the concerns raised by conservation groups and evaluates the concept of a WOPT and its feasibility in light of international law of the sea regimes. Section I outlines the main elements of Orbach's vision for the enclosure of the world ocean, and discusses the concept of a WOPT as embraced by a growing constituency of conservation groups worldwide. Section II provides a summary review of the origin and development of the freedom of fishing as one of the fundamental freedoms of the high seas, with its crystallization under international law through the work of Hugo Grotius, its …
The Promise Of Johannesburg: Fisheries And The World Summit On Sustainable Development, Tim Eichenberg, Mitchell Shapson
The Promise Of Johannesburg: Fisheries And The World Summit On Sustainable Development, Tim Eichenberg, Mitchell Shapson
Golden Gate University Law Review
This article briefly examines the world fish crisis and the factors that drive overuse of ocean resources. It identifies some of the major trends in ocean fishing that have led to over-exploitation and briefly reviews the weaknesses of international fishery arrangements that led to WSSD. It describes and evaluates the outcomes of the WSSD and suggests some measures that can and must be taken to the address the crisis facing world ocean fish stocks.
The Fisheries Subsidies Negotiations In The World Trade Organization: A "Win-Win-Win" For Trade, The Environment And Sustainable Development, Alice L. Mattice
The Fisheries Subsidies Negotiations In The World Trade Organization: A "Win-Win-Win" For Trade, The Environment And Sustainable Development, Alice L. Mattice
Golden Gate University Law Review
This paper provides a brief overview of the fisheries subsidies issue and its history in the WTO. It then reviews the key elements of the United States' position in the WTO negotiations and identifies some of the principal issues WTO Members will have to address in considering improved disciplines on fisheries subsidies.
A Case Study In International Shark Conservation: The Convention On International Trade In Endangered Species And The Spiny Dogfish, Sonja Fordham, Coby Dolan
A Case Study In International Shark Conservation: The Convention On International Trade In Endangered Species And The Spiny Dogfish, Sonja Fordham, Coby Dolan
Golden Gate University Law Review
This article examines whether, in the face of lax or nonexistent domestic and regional management, the Convention on International Trade in Endangered Species and Wild Fauna and Flora ("CITES") can encourage and complement shark conservation efforts around the world. In particular, it focuses on spiny dogfish as a case study of concern. Low reproductive potential, well-documented depletion and persistent markets driving expanding international trade make spiny dogfish an excellent candidate for CITES attention. As discussed in Section II, CITES does not have an extensive history of regulating trade in marine fish species, and yet has given special attention to sharks …
Control Begins At Home: Tackling Flags Of Convenience And Luu Fishing, Deirdre Warner-Kramer
Control Begins At Home: Tackling Flags Of Convenience And Luu Fishing, Deirdre Warner-Kramer
Golden Gate University Law Review
This article looks at the efforts to control fishing by vessels flying flags of convenience from a global, regional, and national perspective. The international community has struggled for decades with notions of flag State control over fishing vessels and what kind of "genuine link" ought to exist between a vessel and its State of registry. Global instruments negotiated in the 1990's looked for ways to elaborate the broad principles laid out in international law up until that time. Regional fisheries management organizations stepped in and developed a broad suite of tools for combating IUU fishing in the fisheries under their …
The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana
The Law On Highly Migratory Fish Stocks: Itlos Jurisprudence In Context, Marcos A. Orellana
Golden Gate University Law Review
This paper discusses some of the relevant principles and substantive obligations that require elucidation in controversies over highly migratory fisheries, with a particular focus on some of the legal issues relevant in the Swordfish case before the ITLOS: The discussion first focuses on the law on high seas fisheries and particularly on the obligations to enact and enforce conservation measures, to produce and share information, and to co-operate in conservation. Subsequently, a focus on international environmental law allows further clarification on the relevance of the principle of common but differentiated responsibilities, the ecosystem approach to the conservation of marine biodiversity, …
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
The High Seas Lowdown: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
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.
To Drill Or Not To Drill: The Arctic National Wildlife Refuge V. The "Need" For U.S. Energy Independence, Sara N. Pasquinelli
To Drill Or Not To Drill: The Arctic National Wildlife Refuge V. The "Need" For U.S. Energy Independence, Sara N. Pasquinelli
Golden Gate University Law Review
This Comment discusses the complexity of the issues surrounding the ANWR debate, from agency positions on drilling to alternative energy sources. Additionally, this Comment proposes the formation of an ANWR Consulting Group to specifically address the uniqueness of ANWR as an amazing wilderness area that should be preserved even though it happens to have oil beneath its surface.