Law Commons^™

2003 - Salinas Valley Sediment Sources

Related Research and Documents

The Salinas River is listed by the Environmental Protection Agency (EPA) under the Clean Water Act’s ‘303d list’ as being impaired due to ‘sedimentation/siltation.' A plan for management of the total maximum daily load of sediment is thus mandated. This plan was to include an assessment of sediment sources in the Salinas Watershed. The study provided the technical basis for this source analysis, to be used by the Central Coast Regional Water Quality Control Board (CCRWQB) in the development of the Salinas Sediment TMDL.

Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various calculations and inputs relied upon when using the EPA’s PRG calculator to assess risk to human health and the environment in its ongoing work to remediate contamination at the shipyard.

Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license.

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …

Judicial Review In An Age Of Hyper-Polarization And Alternative Facts, David A. Dana, Michael Barsa

San Diego Journal of Climate & Energy Law

This Article is organized as follows: Part I reviews the case law and commentary on judicial review of agency shifts in policy or practice, focusing on the technocratic case for deference and how recent political realities call such deference into question. Part II sets forth the background and history regarding fuel economy standards, leading to the Obama Administration’s adoption of standards in 2012 and the “midterm” review of those standards that Obama’s EPA declared final as of January 2017. Part II also reviews the legal issues surrounding Trump’s EPA’s “re-opening” of the midterm review. We suggest how courts could, and …

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.

Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its Draft Fourth Five Year Review. (52 pages)

Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Response from the CA Department of Public Health related to its testing for hazardous materials left at Parcel A.

Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart

Florida State University Journal of Land Use and Environmental Law

No abstract provided.

Balancing Economic Growth And Air Pollution: Prevention Of Significant Deterioration And The Protection Of Florida's Future, Enola R. Tobi

Florida State University Journal of Land Use and Environmental Law

This Article researches the history of the Prevention of Significant Deterioration (PSD) program of the Clean Air Act, which serves to protect air quality in areas of the nation where the air is cleaner than the national ambient air quality standards. The Article also attempts to align the goals of the PSD program with those of the State of Florida, and proposes a system of administration that would accomplish these goals with the fewest restrictions. Finally, the Article analyzes the present methods adopted by other states, as well as those proposed by economists, industry members and environmentalists.

Cercla Cleanup 2018.08.14 Comments To Draft Parcel G Work Plan, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its draft Parcel G Work Plan. Comments categories include requesting: the Navy share all substantive elements of its plan with the public before closing the public comment period; the Navy retest all areas where Tetra Tech worked; adequate oversight to ensure fraud is not repeated; update to remedial plans to reflect facts now in the record including Tetra Tech’s fraud and potential impacts which flow from that fraud; stop improperly modifying remedial goals, and; update plan for establishing radiological background levels. (27 pages)

Cercla Cleanup 2018.08.13 Letter To Request That Navy Release Supporting Documents, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various sampling plans which were referenced in the Draft Parcel G Work Plan, but were not released to the public, thus limiting the ability to evaluate and provide meaningful comments on the Parcel G Work Plan.

Cercla Cleanup 2018.08.01 Letter To Nancy Pelosi, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to Democratic Leader of the U.S. House of Representatives, Nancy Pelosi, listing concerns about the integrity of the ongoing cleanup at Hunters Point and asking her to support transparency in the Navy’s cleanup operations.

California Department Of Public Health Petition To Revoke Tetra Tech's State Radiological License, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license, based on the same evidence submitted to the U.S. Nuclear Regulatory Commission in the petition to revoke Tetra Tech’s federal license and subsequent supplements to the original Petition (June 28, 2017) and supplements to the Petition.

Nrc Petition Supplemental Filing 3 2018.07.23, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including findings from the Navy and EPA reviews of Tetra Tech’s data from the cleanup.

Cercla Cleanup 2018.07.13 Comments To Cdph Parcel A Scanning Plan, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Comment letter to CA Department of Public Health criticizing the adequacy of its plan to scan Parcel A for radiological contaminants. (9 pages)

"I See Genocide" - The Struggles Of The Ponca Nation To Reclaim Their City From Polluters, Douglas Fournet

History Theses

This thesis examines two court cases undertaken by the Ponca Tribe of Oklahoma and residents of Ponca City and the surrounding areas against two polluting corporations on their land: Conoco and Continental Carbon. By analyzing the history of history of the Ponca alongside the history of Native American relations to the petroleum industry and the history of EPA enforcement problems, the paper sets out to demonstrate that the unique position of Native American tribes in the United States allows them to employ what Klyza and Sousa term "alternative pathways" in fighting environmental injustice.

California Department Of Public Health Petition Exhibit 2 - Declaration Of Steven J Castleman, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Steven J. Castleman in support of July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license.

The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof

Golden Gate University Environmental Law Journal

This article will examine two at-risk American rivers through a comparison of the different legal approaches brought by the citizens and conservation groups fighting to protect them. Through analysis of the two lawsuits, this article will highlight the flaws of the traditional approach, and introduce a novel proposal for a shift in the lens under which nature is considered in American jurisprudence.

Part I will survey the Suwannee River and a citizen suit against a poultry-packing plant accused of illegally fouling its waters through repeated violations of an EPA-issued permit governing wastewater discharges. This suit represents the congressionally-created traditional avenue …

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land & Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land & Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.

The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.

The Oil & Gas Industry: Failing To Properly Regulate Hydraulic Fracturing & Placing Profits Over Safety, Ellery Gordon

The Journal of Business, Entrepreneurship & the Law

This Note will evaluate the regulations and environmental implications surrounding hydraulic fracturing, or “fracking,” on state, federal, and Indian lands, focusing on the recent and still undecided case of Wyoming v. United States Dep’t of the Interior. Additionally, it will address the regulatory gap in federal regulations governing hydraulic fracturing, the current issues the industry faces, and advocate for a more stringent set of regulations that ought to be applied on a uniform basis throughout the United States. In the aforementioned case, Wyoming, Colorado, North Dakota, Utah, and the Ute Indian Tribe brought suit against the Bureau of Land Management …

National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack

Public Land & Resources Law Review

In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …

This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh

Sustainable Development Law & Policy

No abstract provided.

Nrc Petition Supplemental Filing 2 2018.02.13, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including reports by the Navy on data by Tetra Tech related to its remediation of soil at parcels C and E.

Nrc Petition Supplemental Filing 1 2018.01.18, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including a report by the Navy on data by Tetra Tech related to its remediation of soil at parcels B and G.

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

This Article makes two core arguments. First, it maintains that the common law of nuisance remains an essential backstop when existing regulatory authorities fail to address significant environmental problems. Second, reconnecting nuisance law to its historical roots, the Article maintains that common law litigation has served as an effective prod to help spur the development and implementation of new pollution control technology and to stimulate regulatory action to require its use, rather than serving as a vehicle for the judiciary to impose its own solutions for environmental problems.

This Article proceeds in four parts. Part I reviews the history of …