Law Commons^™

Bay Area's First Environmental Law Clinic To Open In January

Press Releases

No abstract provided.

The Report Of The California Timberland Task Force, California Timberland Task Force

California Agencies

In 1989, the Legislature passed Assembly Bill 1580, which directed the Resources Agency to improve interagency coordination related to wildlife and forestland management and develop a better understanding of wildlife and forest habitat relationships. This report represents the conclusions of the Resources Agency's subsequent efforts.

Prop. 65 Warnings: Do They Fulfill The Intent Of The Law?, Clifford Rechtschaffen

Publications

It is over three years since regulations amending the Proposition 65 warning regulations were first proposed by the Health and Welfare Agency. After a half dozen drafts and innumerable public workshops, the chances of substantial changes being made to the regulations before the 1994 elections now seem virtually nil.

Impact Of President Clinton's Forest Plan On Local Communities, The Environment, And The Economy Of The North Coast Region And Related Issues - Transcript And Written Statements, Senate Committee On Natural Resources And Wildlife

California Senate

Document includes:

Summary of President Clinton's Forest Plan (revised Sept. 22, 1993).

Environmental Law In The Supreme Court: Highlights From The Marshall Papers, Robert V. Percival

Faculty Scholarship

Justice Marshall served on the Court from 1967 until 1991. During that period, Congress passed all of the major federal environmental statutes and environmental regulation mushroomed. As a result, the Marshall papers reveal how the Court reached decisions that have shaped modern environmental law. The author, a former law clerk to former Justice Byron White and an associate professor of law at the University of Maryland, begins by describing the history of the Court's treatment of environmental disputes. He then discusses the steps the Justices take in deciding whether to accept cases for review; in reaching decisions on the merits …

Resource Law Notes Newsletter, No. 29, Fall Issue, Aug. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

The Federal Superfund Program: Proposals For Strengthening The Federal/State Relationship, David L. Markell

Scholarly Publications

No abstract provided.

Section 6: Environment, Property, Business Regulation, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Impact Of President Clinton's Forest Plan On California's Economy And Environment - Summary And Written Statements, Senate Committee On Natural Resources And Wildlife

California Senate

Document includes:

The Forest Plan For a Sustainable Economy and a Sustainable Environment, President William J. Clinton, Vice President Albert Gore, Jr. (July 1, 1993).

Background Brief on Forests in California, California Research Bureau (July 22, 1992).

New Legislative Approaches, Laird Noh

Water Organizations in a Changing West (Summer Conference, June 14-16)

7 pages.

Organizing From The Ground Up: Watershed Initiatives: The Recent Truckee River Experience, Robert S. Pelcyger

Water Organizations in a Changing West (Summer Conference, June 14-16)

15 pages.

Water Quality Impacts Of The Point Of Diversion, Robert C. Helwick

Water Organizations in a Changing West (Summer Conference, June 14-16)

14 pages.

Contains references.

Providing For Fisheries, Recreation, And Other Instream Benefits, Ron Bishop

Water Organizations in a Changing West (Summer Conference, June 14-16)

10 pages.

From Conflict To Cooperative Water Resource Management: The Chelan Agreement And Water Resources Forum [Outline], Bill Frank, Jr.

Water Organizations in a Changing West (Summer Conference, June 14-16)

8 pages.

Fort Collins And The Cache La Poudre River: An Integrated Greenway Vision, Kari V. Henderson

Water Organizations in a Changing West (Summer Conference, June 14-16)

16 pages.

Contains references.

Supplying Southern California With Dependable Supplies Of Water, Duane L. Georgeson

Water Organizations in a Changing West (Summer Conference, June 14-16)

20 pages (includes 1 map).

Contains references.

The Preemption Of State Hazardous And Solid Waste Regulations: The Dormant Commerce Clause Awakens Once More, Michael P. Healy

Law Faculty Scholarly Articles

Last term, for the first time since its watershed decision in Philadelphia v. New Jersey, the Supreme Court considered the extent to which the Commerce Clause of the United States Constitution constrains a state's ability to regulate the disposal of hazardous and solid waste within its borders. In two cases, Chemical Waste Management, Inc. v. Hunt and Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources, the Supreme Court acted to limit substantially states’ ability to respond independently to the crisis of solid and hazardous waste disposal. The Article describes the harmful impact of the Court's …

Resource Law Notes Newsletter, No. 28, Spring Issue, Apr. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Creating Pollution Prevention Incentives For Small Business: The Erie County Program, Barry Boyer

Other Scholarship

No abstract provided.

Federal Liability For State Water-Adjudication Filing Fees: Has The United States Waived Its Sovereign Immunity?, Robert H. Abrams

Journal Publications

No abstract provided.

Local Protection Of Biodiversity: What Is Its Niche?, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.

Annual Environmental Report Of The Governor 1991 And 1992, Office Of The Governor

California Agencies

The actions taken by my Administration during the past two years to fulfill the public's expectations for a clean, safe, and productive environment are described in the attached Annual Environmental Report and message. This Report and message are prepared pursuant to Government Code section 12805.5, and contain the environmental policies of this Administration, significant events of 1991 and 1992, along with recommendations for improving environmental programs in the coming years.

When States Collide: Allocating The Waters Of The North Platte River, Robert H. Abrams

Journal Publications

No abstract provided.

Judicial Review And Cercla Response Actions: Interpretive Strategies In The Face Of Plain Meaning, Michael P. Healy

Law Faculty Scholarly Articles

This Article examines the role courts play under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) in cleaning up releases of hazardous substances. Congress intended the courts to have an important role in implementing the cleanup process-particularly in defining the scope of liability for CERCLA cleanups. But Congress also included a broadly-worded provision that forecloses federal judicial review of CERCLA cleanups unless the review action falls within several narrowly-defined exceptions.

Notwithstanding the terms of the provision foreclosing review, litigants have turned to the courts, asserting that immediate review should be available in cases beyond those exceptional proceedings. Those asserting …

Reflections On The Jeffersonian Ideal Of An Agrarian Democracy And The Emergence Of An Agricultural And Environmental Ethic In The 1990 Farm Bill, Linda A. Malone

Faculty Publications

No abstract provided.

Does Culpability Matter?: Statutory Construction Under 42 U.S.C. § 6928, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.

The Role Of Local Governments In Environmental Regulation: Shoring Up Our Federal System, David L. Markell

Scholarly Publications

No abstract provided.

Preservation And Allocation Of Fresh Water Resources In International Law Jordan: Special Case Study, Ghada Ibrahim Abu-Raghes

LLM Theses and Essays

This thesis argues for the creation of a comprehensive, developed body of international environmental law, to regulate allocation and protection of freshwater resources. The thesis gives an idea of the substantive duties and obligations of states under the developing international law of the environment in the use of international watercourses and the responsibilities and liabilities of states for breach of those duties. The thesis continues to examination of a special case study of Jordan encompassing the water resources and river disputes.

The Conservation/Free Trade Debate Resurfaces: The Uncertain Intersection Of The 1992 Driftnet Fisheries Act And Gatt, Paul S. Kibel

Publications

This Comment will explore the legal relationship between GATT and United States environmental legislation, employing the 1992 Driftnet Fisheries Act as an analytic focus.

Part I analyzes the 1991 GAIT panel decision, with special attention given to those GATT provisions which were found inconsistent with the MMPA. Part II discusses the international and domestic response to the panel decision. Part III summarizes the 1992 Driftnet Fisheries Act, focusing on the reasons for its adoption and the trade sanctions it contains. Part IV reveals potential inconsistencies between the 1991 GATT panel decision and the Driftnet Fisheries Act. Part V addresses the …

Asean And The Environment, Sompong Sucharitkul

Publications

This is part of a series of studies devoted to the Association of South-East Asian Nations (ASEAN), a dynamic regional organization for social, cultural and economic cooperation. This year marks the coming of age of the process of codification and progressive development of international law in the fields of environmental protection since the United Nations Conference on the Human Environment at Stockholm on June 5-16, 1972.