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Environmental Law

2003

Chad J McGuire

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Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire Jan 2003

Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.

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Remediating Contaminated Sediments Under California’S Regulatory Regime: Are, Chad J. Mcguire Dec 2002

Remediating Contaminated Sediments Under California’S Regulatory Regime: Are, Chad J. Mcguire

Chad J McGuire

California has a legislative mandate to remedy contaminated sediments under state statutory guidelines contained in the Porter-Cologne Water Quality Act. Implementation of these guidelines is delegated to Regional Water Quality Board’s (RWQB) throughout California. RWQB’s have interpreted requirements for contaminated sediment cleanup to be a “background level” approach. Such an approach is in direct conflict with the specific statutory mandates under Porter-Cologne. Instead of requiring a standard of “background levels”, Porter-Cologne is clear in requiring a cost-benefit analysis akin to review standards in the federal Comprehensive Environmental Response for Contaminated Liability Act (CERCLA), and more importantly, the California Hazardous Substance …

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