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Full-Text Articles in Law
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 …
Carbonite Legal Conflict In California, Steven Ferrey
Carbonite Legal Conflict In California, Steven Ferrey
San Diego Journal of Climate & Energy Law
This Article thaws several legal layers of California carbonite, tranche- by-tranche, and examines the legal fabric. First, in Section II we examine federal Constitutional challenges to California’s A.B. 32 and sustainable energy statutes under the Supremacy Clause. Section III analyzes litigation against California carbon control pursuant to the Commerce Clause of the Constitution. Section IV analyzes challenges to the California regulation pursuant to state law violations, distinguishing those which proceed from the California Environmental Quality Act (CEQA) and those which utilize other state administrative laws to challenge California’s carbon choices and implementation. Section V examines the trilogy of litigation set …
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 …