Environmental Law Commons^™

The Role Of Esg Rating Agencies And Market Efficiency In Europe’S Climate Policy, Ebbe Rogge, Lara Ohnesorge

UC Law Environmental Journal

The European Union (“EU”) set out an ambitious policy agenda to reduce its impact on climate change. Although the popular image is that economic growth and sustainability are practically incompatible, this policy agenda includes measures enabling reallocation of investment towards sustainable projects and companies. This paper posits that, by adopting measures requiring the disclosure of non-financial and in particular Environmental, Social, and Governance (“ESG”) information, EU policy relies on market efficiency to ensure the desired reallocation of investment.

In order for this market efficiency approach to work properly, non-financial information must be accessible, comparable, and verified. This creates a new …

Green Bonds: Reforming Esg Regulation In The United States To Meet The Requisite Funding Demand For A Decarbonized Economy, Bryant Rivera

UC Law Environmental Journal

At the 2021 United Nations Climate Change Conference (“COP26”) in Glasgow, nations around the world reaffirmed their international commitment to limit average global temperature increases by the end of the century to 1.5 degrees Celsius. This international effort will require a significant amount of funding, one that will demand a substantial restructuring of the U.S. financial market towards a carbon neutral economy. In recent years, green bonds have emerged as the leading financial instrument to finance environmental projects and initiatives. Although the market has seen unprecedented growth, it is nevertheless inhibited by its lack of regulatory structure, with all disclosures …

Radical Legal Change: Moving Toward Earth Law, Tara Pierce

UC Law Environmental Journal

This paper will examine the required paradigm shift in socio-legal philosophical thinking and the shared values between the Public Trust Doctrine and Earth Law. These legal frameworks were born from different social narratives, which greatly impacted their ability to serve the public and the Earth Community. Exploring each legal framework’s origins and current practice will illuminate how the Public Trust Doctrine can bridge the gap between Western legal systems toward Earth Law—a holistic approach to justice in the context of history, society, ecology, and humanity’s relationship with our planet. Earth Law focuses on the roles of beings within their ecosystem, …

Using Federal Power To Compel Fire Prevention And Address Growing Property Insurance Issues In Wildland-Urban Interface, Brandon A. Prince

UC Law Environmental Journal

The Western United States continues to experience devastating wildfire seasons. These severe disasters worsen as climate change lengthens periods of aridity and hotter temperatures. Despite this longstanding and well-documented forecast, wildland-urban interface (“WUI”) development has continued without much restriction over the past thirty years. Insurers who once issued policies in these western WUI regions now experience substantial losses on an annual basis and are reconsidering their approach to market participation in fire-prone areas. In areas with acute fire destruction like California, insurers’ resulting rate increases and non-renewals have forced state government intervention to protect property owners. This tension is emblematic …

Violations Of The Eighth Amendment: How Climate Change Is Creating Cruel And Unusual Punishment, Robert Pistone

UC Law Environmental Journal

As climate change continues to threaten human life on Earth, greenhouse gas emissions are causing more frequent record-setting temperatures and natural disasters. If the current United States prison system does not take steps to address how climate change is affecting the quality of life of its inmates, then imprisonment will be considered cruel and unusual punishment in the near future. In fact, in light of climate change, there is a strong argument that the current treatment of prisoners is already cruel and unusual punishment when other factors are taken into account. This paper focuses on the standards of what conditions …

The Green Police In The Golden State: An Analysis Of The Criminal Enforcement Of Environmental Law In The State Of California, Joshua Ozymy, Melissa Jarrell Ozymy

UC Law Environmental Journal

The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries for every federal criminal investigation undertaken by the U.S. Environmental Protection Agency (EPA) in the State of California that led to criminal prosecution, 1983-2019, we are able to provide a comprehensive account of what laws are violated, how prosecutors charge environmental criminals, and how these criminals are sentenced, illustrating broader themes in …

Tides Of Plastic: Using International Environmental Law To Reduce Marine Plastic Pollution, Mckayla Mcmahon

UC Law Environmental Journal

The oceans are drowning in plastic pollution. Although it is widely accepted that this pollution exists, international law falls short in protecting one of our most valued ecosystems. Countries differ in commitment and accountability, yet the ocean is a shared and valued resource. This paper seeks to differentiate the approaches made by Germany, Australia, and the Philippines to combat marine plastic and microplastic pollution. In the absence of robust international environmental law, individual country’s efforts can expand the customary principles and lead the international community to adopt effective, all-encompassing international policy. By mirroring successes and modifying individual country’s ineffective approaches, …

Centering Environmental Justice In California: Attempts And Opportunities In Ceqa, Lena Freij

UC Law Environmental Journal

Environmental justice communities and advocates have used the California Environmental Quality Act (“CEQA”) as a necessary tool to incorporate their concerns into agency decision-making. However, environmental justice is neither mentioned in the statutory language of CEQA, nor was it intended as a fundamental purpose of CEQA as an environmental review statute. Thus, in order to understand where CEQA reform would be most successful in serving communities that are disproportionately impacted by environmental burdens, CEQA’s history must be evaluated with comprehensive principles of environmental justice. As such, this paper explores why and how environmental justice principles can and should be implemented …

U.S. State-Based Wilderness Law: An Evaluation, Miranda Holeton, David Takacs

UC Law Environmental Journal

No abstract provided.

A Right Of Ethical Consideration For Non-Human Animals, Michael Ray Harris

UC Law Environmental Journal

No abstract provided.

Counting Carbon: Forward-Looking Analysis Of Decarbonization, Ryan Thomas Trahan

UC Law Environmental Journal

Policy analysis primarily looks backward to solve problems of individual and public choice. Analysts often seek to derive and draw marginal curves from existing data to extrapolate observed relationships into the future. Indeed, the White House Council on Environmental Quality recently issued a proposed rule that would, among other things, codify the concepts underlying these tools for environmental matters, i.e., requiring the considered effects of a proposed action to be “reasonably foreseeable” and meet a “reasonably close causal relationship.” That proposal expresses a perspective with a long tradition, yet it presents a curious circumstance. Although marginal and statistical regression tools …

A Forgotten History: How The Asian American Workforce Cultivated Monterey County’S Agricultural Industry, Despite National Anti-Asian Rhetoric, Dominique Marangoni-Simonsen

UC Law Environmental Journal

This paper analyzes the implementation of exclusionary citizenship laws against Chinese and Japanese immigrants from 1880 to 1940. It further analyzes the application of these exclusionary mechanisms to the Asian immigrant populations in Monterey County, California. It identifies how the agricultural industry in Monterey County by-passed these exclusion laws as a result of the favored labor force of Japanese immigrants. The paper compares the acceptance of Japanese laborers to the decimation of the Chinese fishing industry in the county, which caused the eradication of Chinese culture. Finally, the paper analyzes the retroactive effects of these laws to the current Feast …

Enabling Instream Rights In The Mill Creek Zanja, Tyler Fields

UC Law Environmental Journal

The Mill Creek Zanja is a 200-year-old, twelve-mile canal cut from the banks of a nearby stream. The Zanja was built originally as an irrigation canal to serve agriculture and industry in what is now Redlands, California located just outside Los Angeles. Since the Zanja’s construction in the early 19th century, the “rights” to the waters of the Zanja have been intensely litigated, highly sought after, and heavily debated. Today, the Zanja flow is around 40,000 to 50,000 acre feet per year. The water is used primarily by the City of Redlands for drinking water and by Crafton Water Company …

The Special Purpose District Reconsidered: The Fifth Circuit’S Recent Declaration That The Edwards Aquifer Authority Is A Special Purpose District Under The Voting Rights Act, And The Tortured History That Led To That Decision, Christopher Brown

UC Law Environmental Journal

No abstract provided.

Protecting Cultural Heritage By Recourse To International Environmental Law: Chinese Stances On Faultless State Liability, Riccardo Vecellio Segate

UC Law Environmental Journal

Several international policy documents define the environment as made of “natural heritage” and “cultural heritage” together, along the lines of concepts such as “biosphere” or “ecosystem” which have been introduced relatively recently to define the complexity of humanenvironment interactions. Nevertheless, distinguishing natural heritage from the cultural one helps analyse situations where damage inflicted to the former negatively impacts the latter. In fact, cultural heritage sits under siege worldwide due to polluting activities and environmental degradation, which are causing irreparable damage to—or even the disappearance of— valuable expressions of civilisations’ legacy. Most damages are transboundary, thereby calling into question bilateral forms …

Examining The Ethics Of Environmental Offsets: A Response To Biocentric Objections To Biodiversity Offsetting, Meredyth Merrow

UC Law Environmental Journal

No abstract provided.

The Right To A Clean Environment In Nigeria: A Fundamental Right?, Ayodele Babalola

UC Law Environmental Journal

In most common law systems, environmental liability has developed from actions under tort to fundamental rights actions. In between this development, legislatures in common law countries have enacted and amended statutes that stipulate environmental liability and enforcement.1 It is logical to imagine that an unhealthy environment will have negative impacts on lives and property, which are protected fundamental rights in most countries. It is also desirable for a system to have multiple avenues available for the enforcement of sound environmental practices and processes. This Article examines whether environmental rights can be enforced via fundamental rights action under Chapter IV of …

Legal Rights For Nature: How The Idea Of Recognizing Nature As A Legal Entity Can Spread And Make A Difference Globally, Kaitlin Sheber

UC Law Environmental Journal

In recent years, a growing number of States have granted legal status to natural entities. First, this paper looks at case studies to determine how this trend has emerged in individual Nations, be it through extensive litigation as seen in New Zealand, a court decision as seen in India, or through the restructuring of a legal system as seen in Ecuador. Next follows a discussion of legal tools that have been used and their accomplishments, especially through lawsuits in Ecuador, as well as legal work that could be accomplished in New Zealand. After, this essay looks at how the idea …

A Solution To Plastic Pollution? Using International Law To Shape Plastic Regulation In The United States, Allyssa Rose

UC Law Environmental Journal

The single-use plastic bag has become a prolific symbol of plastic pollution across the world. These convenient, lightweight bags may clog drainage systems or become a lethal snack for animals when not recycled properly. Due to the social and environmental harms caused by these bags, countries across the world have implemented legislation to tax plastic bags, or in some cases, ban their use all together. This paper seeks to identify the difference in approaches used by the Global North and Global South to determine the best approach for the United States to implement. Zealous advocacy on behalf of the plastics …

Shining A Light On High Seas Transhipment: The Need To Strengthen Observer Reporting Of Transhipments In The Western And Central Pacific Fisheries Commission, Chris Wold, Alfred “Bubba” Cook

UC Law Environmental Journal

No abstract provided.

Use Of Force In Crisis: A Comparative Look At The Domestic And International Laws Governing The Use Of U.S. Military Force To Respond To Mass Climate Refugee Migration, Holly Locke

UC Law Environmental Journal

Since the late 20th century, nations increasingly task their militaries with managing and responding to the influx of migration and refugees into sovereign nations. As a result, the U.S. military identified climate change to be a major security concern as the Department of Defense dedicates more resources to responding to this new class of refugee, among other climate related concerns. This paper explores the current scope of mass climate refugee migration and the role the U.S. military plays in responding to that migration. Specifically, this paper will explore the various legal frameworks, or lack thereof, of both domestic and international …

Non-Legislative Rules Need Scrutiny Too: The Curious Case Of The Appropriate Care Standard, Ryan Mitchell

UC Law Environmental Journal

No abstract provided.

A Tale Of Two Portlands: How Port Cities Can Survive Dormant Commerce Clause Challenges To Fossil Fuel Shipping Restrictions, Kayla Race

UC Law Environmental Journal

Five port cities—Portland, Oregon; South Portland, Maine; Oakland, California; Longview, Washington; and Salt Lake City, Utah—have something in common: they all restricted the handling of fossil fuels at their shipping terminals. Moreover, impacted industries have responded with nearly identical dormant Commerce Clause-based lawsuits against the first four of those localities. This Article examines how much latitude cities have under the dormant Commerce Clause to restrict the handling of fossil fuels at their ports, using as case studies two recent court decisions upholding the ordinances of Portland, Oregon and South Portland, Maine under the dormant Commerce Clause. In addition, because the …

Governing The Salish Sea, Kyla Wilson

UC Law Environmental Journal

No abstract provided.

Asian Carp, The Chicago Area Water System, And Aquatic Invasive Species Management In The Great Lakes, Charles Lyons

UC Law Environmental Journal

Aquatic Invasive Species (AIS) management is an essential component to the health, integrity, and conservation of the Great Lakes as a whole. Asian carp is the most recent AIS threat to the region. While litigation and interstate agreements have not stemmed the fear of the potential effects of the introduction of Asian carp to the Great Lakes, it has encouraged agency action to address the issue. However, the success of implementing proposed measures requires funding and congressional approval with questions regarding their efficacy remaining unknown. Due to the lack of a comprehensive overarching federal statute addressing AIS management in its …

Wildlife Is Not Crying Wolf: How Fish & Wildlife Service Can Utilize The Endangered Species Act To Mitigate Hybridization Threats To Listed Species, Kimberly Willis

UC Law Environmental Journal

As humans modify Earth’s landscapes and climate change fundamentally alters ecosystems, separately evolving wildlife populations may once again meet and interbreed with one another. This hybridization process may ultimately drive the less prolific of the two populations into extinction. U.S. Fish & Wildlife Service (“FWS”) has failed to fully utilize the tools within the Endangered Species Act (“ESA”) to adequately address the unique problems of species hybridization. Although FWS has resisted attempts to delist species undergoing hybridization, their recovery plans and critical habitat designations fall short of maximizing the potential for species recovery. This paper first explores the current regulatory …

The Growing Problem Of Space Debris, Sophie Kaineg

UC Law Environmental Journal

No abstract provided.

Easements, Exchanges, And Equity: Models For California’S Climate And Housing Crises, Chase Stone

UC Law Environmental Journal

No abstract provided.

Embracing Global Warmth And Climate Resilience Through Green Chemistry Legislation, Oladele A. Ogunseitan

UC Law Environmental Journal

No abstract provided.

Clean Water Act Section 401: Balancing States’ Rights And The Nation’S Need For Energy Infrastructure, Deidre Duncan, Clare Ellis

UC Law Environmental Journal

No abstract provided.