Law Commons^™

How To Regulate Blockchain’S Real-Life Applications: Lessons From The California Blockchain Working Group, Michele Benedetto Neitz

Publications

How should legislators write a law regulating a brand-new technology that they may not yet fully understand? With the advent of blockchain and other advanced computational technologies, this generation of legislators faces more complex questions than their predecessors. Drawing on the author’s experience as a member of California’s Blockchain Work-ing Group, this Article offers guidance to lawmakers, lawyers, and industry leaders seek-ing to draft effective laws regulating real-life applications of blockchain technology. This cutting-edge Article will do two things for its readers: (1) encourage them to be informed participants in conversations relating to federal and state blockchain regulation, and (2) …

If You Give A Mouse A Cookie: California's Section 11135 Fails To Provide Plaintiffs Relief In Darensburg V. Metropolitan Transportation Commission, Kate Baldridge

Golden Gate University Law Review

This Note examines Darensburg and the evidentiary problems faced by plaintiffs entangled in the bus-versus-rail controversy that are inherent to disparate-impact litigation. Part I discusses the factual background of Darensburg and relevant federal and state law concerning claims of both intentional and disparate-impact discrimination. Part II examines disparate-impact jurisprudence in the context of the unequal distribution of municipal services as background to the complexity of the issues presented in Darensburg. Part III analyzes the Darensburg opinion in light of that background and shows that the burden-of-proof issues faced by plaintiffs are illustrative of the lack of effective guidance to …

Modifying Labels, Andy Brunner-Brown

GGU Law Review Blog

No abstract provided.

Epa Shoots Down Lead Shot Regulation: Lead Ammo's Unreasonable Risk To Human Health And The Environment, And The Special Situation Of The California Condor, Rachel Hawkins

Golden Gate University Environmental Law Journal

This Comment argues that the EPA has the authority to ban lead ammunition nationwide under The Toxic Substances Control Act (TSCA), because lead ammunition poses an unreasonable risk to human health and the environment that is not adequately addressed by other laws. Further, the EPA retains the authority to ban lead ammunition nationwide under TSCA because a national ban would not be preempted by other federal laws. Part II of this Comment explores the problematic history of lead regulation as well as the devastating effects of lead poisoning on humans. Part III begins with an in-depth explanation of the harmful …

Farallon Poison Paradox: The U.S. Fish And Wildlife Service's Attempt At Saving One Species While Subjecting Others To Probable Death, Vadim Sidelnikov

Golden Gate University Environmental Law Journal

This Comment examines the failure of the U.S. Environmental Protection Agency (“EPA”) to adequately protect this country’s unique wildlife from highly toxic rodenticides like brodifacoum, and particularly the EPA’s broad exemption for the FWS’s use of brodifacoum in island conservation. Part II explains the problem of non-native mice at the Farallon National Wildlife Refuge and the FWS’s proposed plan to eradicate the mice. Additionally, this Part describes the federal legal framework that governs pesticide application and use within the United States.

Part III evaluates the EPA’s narrow scope in determining to reregister brodifacoum, focusing on the EPA’s decision to allow …

Green Beer: Incentivizing Sustainability In California's Brewing Industry, Timothy R. Sloane

Golden Gate University Environmental Law Journal

Part II of this Article examines the role of alcoholic beverages in human history, paying special attention to alcohol as a motivating factor in large-scale social change. Part III examines the prominence of California’s unique brewing industry and the economic and social ubiquity of Californian beer. As discussed in Parts IV and V, that ubiquity and prominence, as well as California’s historical leadership on environmental issues, make the state an ideal testing ground for sustainable brewing legislation. After an examination of California’s energy use in producing beer, Parts VI and VII break down the brewing process and explain a selection …

A Tale Of Two Water Districts: The Future Of Agriculture In California's San Joaquin Valley Lies In Compromise Over Drainage, Kathleen Nitta

Golden Gate University Environmental Law Journal

This Comment will demonstrate why enforcement of the lower San Joaquin River total maximum daily load (TMDL) for selenium under the Clean Water Act should be postponed by amending the Basin Plan for the lower San Joaquin and Sacramento Rivers to extend the selenium compliance schedule for the Grassland Area Farmers (GAF) until it finishes implementing its drainage management plan. This Comment will also discuss why the GAF’s drainage plan should be used as a model for Westlands and should prompt Congress to amend the San Luis Act to require Westlands’ farmers to provide their own drainage.

Part II will …

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 …

Bargaining In The Dark: Why The California Legislature Should Render “No Damage For Delay” Clauses Void As Against Public Policy In All Construction Contracts, Melinda Sarjapur

Golden Gate University Law Review

The purpose of this Comment is to urge the California legislature to revise section 7102 of the Public Contract Code in order to render an NDFD ("no damage for delay") clause void as against public policy in every construction contract when delay is caused in whole or in part by the acts or omissions of the owner or its agents.

Part I of this Comment provides the reader with a brief explanation of how construction contracts are formed and describes the nature of liability associated with delay in the construction industry. Part II includes a brief overview of the general …

Challenges To California Foreclosures Based On Mers Transfers, Roger Bernhardt

Publications

A review of recent California decisions challenging the validity of mortgage transfers through MERS.

How States Can Affect Federal Deepwater Port Lng Licensing Decisions: A Case Study Involving The Deepwater Port Act And The Coastal Zone Management Act, Linda Krop

Golden Gate University Environmental Law Journal

This Article explores the general role of coastal states in permitting offshore LNG terminals, and the specific role that California played in the licensing process for the proposed Cabrillo Port LNG project. There are many facets of state authority, including the approvals required for the portions of LNG projects located within a coastal state’s jurisdiction (primarily within the first three miles offshore), the application of state laws to proposals to construct offshore LNG facilities under the DWPA, the authority of the governor of the adjacent coastal state to approve or “disapprove” deepwater port projects, and the right of a coastal …

The Not-So-Green Renewable Energy: Preventing Waste Disposal Of Solar Photovoltaic (Pv) Panels, Genevieve Coyle

Golden Gate University Environmental Law Journal

This Comment provides a background on solar power and PV technology, identifies the toxic components of PV products, and explains how disposal of PV waste poses a threat to the environment. Part II also illustrates how poor management of electronic waste (e-waste) in the U.S. has resulted in environmental pollution - a preventable consequence that can be avoided for the PV industry.

Part III advocates a recycling and life-cycle-management approach to regulation because it provides a more sustainable future for the solar industry. Part IV discusses federal and state hazardous waste regulations and demonstrates how these laws are ineffective to …

A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley

Golden Gate University Environmental Law Journal

This Comment argues that the federal and state standards for reducing marine life mortality from power-plant intakes should be applied to a statewide policy for new desalination projects in California. Under this framework, open seawater intakes should not be permitted for new desalination plants. Part II of this Comment provides an overview of the history and technology of desalination as well as environmental impacts of open seawater intakes and alternative intake technologies. Part III surveys existing state and federal laws addressing open seawater intakes and suggests a framework for applying these laws to desalination projects. Part IV argues that new …

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 …

Mixed Messages On Mortgage Foreclosures, Roger Bernhardt

Publications

A review of recent California decisions involving challenges to mortgage foreclosures.

Implementing Environmental Justice: The New Agenda For California State Agencies, Ellen M. Peter

Golden Gate University Law Review

The purpose of this article is to give an account of the commencement of the regulatory process to achieve environmental justice and to highlight some of the issues presented to the Davis administration. Preliminarily, some background is required for context. The achievement of environmental justice does not start on a fresh slate. Federal statutes and federal executive initiatives impose separate legal requirements. These federal mandates both require actions by California state agencies and provide guidance on how to interpret the new California statutes. Thus, this article begins with an account of the legal and historical development of the concept of …

Enforcement Of Pesticide Regulation In California: A Case Study Of The Experience With Methyl Bromide, Victoria Clark

Golden Gate University Law Review

This article will attempt to provide an overview of the pesticide regulatory program ("the Program") and its pitfalls, as well as the track record of the administration of California Governor Gray Davis ("the Davis Administration") regarding pesticide issues. The first section will detail the regulatory agency structure of the Program, particularly the authority and duties of DPR and the CACs. The second section will discuss the pesticide permitting system, its requirements, and some anecdotes to illustrate the public participation process in this system. To present a case study of the Program's implementation, the methyl bromide regulations will be discussed at …

Brownfields And The California Department Of Toxic Substances Control: Key Programs And Challenges, Denise Ferkich Hoffman, Barbara Coler

Golden Gate University Law Review

In order to meet the challenges posed by significant increases in population, the recycling of brownfields is essential. Recycling brownfields can also promote infill development which will, in turn, optimize population densities and can serve to reduce negative aspects of sprawl. Infill development can revitalize existing communities as idle or underutilized properties in urban centers will be used for residential, commercial and public purposes (schools, parks, hospitals). However, there exists a delicate balance in California, where urban density has increased, there is increased competition for buildable sites, particularly for public facilities, i.e., schools. The California Department of Toxic Substances Control …

Regulation Of Logging On Private Land In California Under Governor Gray Davis, Thomas N. Lippe, Kathy Bailey

Golden Gate University Law Review

Few issues in California have been more controversial or engendered more passionate public debate than the damage to the state's environment from logging. The almost complete disappearance of the primeval old-growth redwood forests that once blanketed the north coast of California has been the focal point for much of the debate. Since the redwood forests have for the most part remained in private hands, they are subject to regulation by the state of California. And the fate of the redwoods has brought several waves of litigation, ballot initiatives, new regulations and numerous public acquisitions, all designed to preserve these forests …

Fixing The Delta: The Calfed Bay-Delta Program And Water Policy Under The Davis Administration, Patrick Wright

Golden Gate University Law Review

This article will examine the origins and key elements of the CALFED Record of Decision, the role of the Davis Administration in developing the final plan, and the major challenges ahead in implementing the plan.

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 …

Senate Bill 1413: The Answer To Senate Bill 60 Plebiscite And Its Constitutionality Under The Inherent Powers Doctrine, Tamara Hill

Golden Gate University Law Review

This Comment will examine the evolution of the California State Bar, its intended purpose and the reasons for which its structure is currently under attack. It will also discuss the respective roles of the California Legislature and California Supreme Court in regulating the legal profession under the Inherent Powers Doctrine. Moreover, this Comment will analyze whether the attempt by California Legislature to restructure the State Bar, using SB 1413, is constitutional under the Inherent Powers Doctrine by applying the two-part test established in Brydonjack v. State Bar of California. Finally, this Comment concludes that SB 1413 is constitutional under the …

Survey: Women And California Law, Carol A. King

Golden Gate University Law Review

This survey of California Law, a regular feature of the Women's Law Forum, summarizes recent California Supreme Court and Court of Appeal decisions of special importance to women. A brief analysis of the issues pertinent to women raised in each case is provided.

San Francisco's Neighborhood Commercial Special Use District Ordinance: An Innovative Approach To Commercial Gentrification, Mark Cohen

Golden Gate University Law Review

What follows in this article is a discussion of: (1) the problems that have resulted in ten of San Francisco's neighborhood commercial streets due to economic revitalization that has been rapid and disorganized; (2) the City of San Francisco's attempt to deal with these problems by means of the Neighborhood Commercial Special Use District ordinance currently in effect; (3) how the provisions of the ordinance work; (4) the legal issues involved; and, (5) the planning and sociological principles the ordinance seeks to advance.

How To Reduce Lead Exposures With One Simple Statute: The Experience Of Proposition 65, Clifford Rechtschaffen

Publications

Human exposure to lead is one of the most serious environmental health threats today. Lead causes a variety of adverse health effects and is particularly harmful to children. Unfortunately, the current regulation of lead exposures is fragmented and often unsuccessful. California's Proposition 65, a right-to-know initiative, however, has achieved some noteworthy successes in reducing public exposures to lead. Proposition 65 has spurred faster and more significant lead reductions than federal law by prompting companies to reformulate products and change their manufacturing processes. This Article first discusses the hazards and uses of lead. The author next describes several instances that demonstrate …