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The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections, Edward J. Larson 2016 Duke Law

The Red Dawn Of Geoengineering: First Step Toward An Effective Governance For Stratospheric Injections, Edward J. Larson

Duke Law & Technology Review

A landmark report by the National Academy of Sciences (NAS) issued in 2015 is the latest in a series of scientific studies to assess the feasibility of geoengineering with stratospheric aerosols to offset anthropogenic global warming and to conclude that they offer a possibly viable supplement or back-up alternative to reducing carbon dioxide emissions. The known past effect of major explosive volcanic eruptions temporarily moderating average worldwide temperatures provides evidence in support of this once taboo form of climate intervention. In the most extensive study to date, an elite NAS committee now suggests that such processes for adjusting global temperature ...


The Golden Rule* Of Water Management, Russell M. McGlothlin, Jena Shoaf Acos 2016 Brownstein Hyatt Farber Schreck, LLP

The Golden Rule* Of Water Management, Russell M. Mcglothlin, Jena Shoaf Acos

Golden Gate University Environmental Law Journal

California follows a “Golden Rule” of water management, which requires management of the state’s water for maximum beneficial use. This principle is codified at Article X, Section 2 of California’s Constitution. However, the Golden Rule has a qualifier—an asterisk—which requires that water management “preserve water right priorities to the extent those priorities do not lead to unreasonable use.” We call this qualifier the Mojave Rule, named after the California Supreme Court’s decision in City of Barstow v. Mojave Water Agency. The Golden Rule* is the foundation of water management in California and the Mojave Rule ...


Not All Water Stored Underground Is Groundwater: Aquifer Privatization And California's 2014 Groundwater Sustainable Management Act, Adam Keats, Chelsea Tu 2016 Center for Food Safety

Not All Water Stored Underground Is Groundwater: Aquifer Privatization And California's 2014 Groundwater Sustainable Management Act, Adam Keats, Chelsea Tu

Golden Gate University Environmental Law Journal

California’s Sustainable Groundwater Management Act of 2014 (“Act”) has been heralded as a “once-in-a-century achievement.” While some have criticized the Act’s relatively modest regulatory goals, long compliance deadlines, and weak enforcement powers, others have hailed the mere accomplishment of the state passing some form of groundwater legislation and celebrated the Act’s stated goals of protecting existing water rights and local control of groundwater supplies. Some groundwater basins may prove to be well-suited for the regulatory scheme imposed by the Act, but equitable regulation of other groundwater basins may be challenged by current and future efforts to privatize ...


A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs 2016 Somach Simmons & Dunn

A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs

Golden Gate University Environmental Law Journal

This Article will discuss the Light case from the perspective of my firm’s vineyardist clients—including our understanding of the Reasonable Use Doctrine and its application to the frost protection regulation.

The underlying premise of the frost protection regulation is the theory that reductions in streamflow caused by frost protection diversions cause or contribute to stranding of juvenile salmonids in the exposed gravel banks of the rivers and streams in the Russian River watershed. One of the key issues in Light was whether good science supports this theory. From the perspective of my vineyardist clients, the State Board relied ...


Reasonable Use On The Russian River: A Brief History Of The Frost Protection Rule, Brian J. Johnson 2016 Trout Unlimited

Reasonable Use On The Russian River: A Brief History Of The Frost Protection Rule, Brian J. Johnson

Golden Gate University Environmental Law Journal

The Russian River Frost Protection Regulation (“Frost Protection Rule”) states that “any diversion of water from the Russian River stream system, including the pumping of hydraulically connected groundwater, for purposes of frost protection” must be diverted in accordance with an approved “water demand management program” (WDMP), or the diversion “is an unreasonable method of diversion and use and a violation of Water Code section 100.” The California State Water Resources Control Board (“State Water Board”) adopted the Frost Protection Rule on September 20, 2011.

Litigation over the rule culminated in the decision in Light et al. v. State Water Res ...


Desperate Times Call For Sensible Measures: The Making Of The California Sustainable Groundwater Management Act, Tina Cannon Leahy 2016 Golden Gate University School of Law

Desperate Times Call For Sensible Measures: The Making Of The California Sustainable Groundwater Management Act, Tina Cannon Leahy

Golden Gate University Environmental Law Journal

The story of how California passed the Sustainable Groundwater Management Act (SGMA)—popularly pronounced as “Sigma”—is an example of how what occurs “overnight” can be a century in the making.

California is frequently the United States’ leader in sustainability and progressive regulation. Sections of the State’s Porter-Cologne Water Quality Control Act were models for the modern federal Clean Water Act. The federal Clean Air Act provided California a preemption waiver that not only allowed it to set its own automobile emissions standards but empowered other states to choose between the stricter California standard and the federal standard. With ...


In This Edition, Phoebe Moshfegh, Joseph Baskin 2016 Golden Gate University School of Law

In This Edition, Phoebe Moshfegh, Joseph Baskin

Golden Gate University Environmental Law Journal

No abstract provided.


Table Of Contents, 2016 Golden Gate University School of Law

Table Of Contents

Golden Gate University Environmental Law Journal

No abstract provided.


Masthead, 2016 Golden Gate University School of Law

Masthead

Golden Gate University Environmental Law Journal

No abstract provided.


Green Ethics For Lawyers, Tom Lininger 2016 University of Oregon School of Law

Green Ethics For Lawyers, Tom Lininger

Boston College Law Review

The ethical rules for lawyers encourage zealous advocacy on behalf of clients, but do not incentivize lawyers to take steps that could minimize harm to the environment. This Article proposes a comprehensive set of amendments to the American Bar Association (“ABA”) Model Rules of Professional Conduct. The goal is to establish not only opportunities, but also obligations, for lawyers to promote environmental health. Certain proposals in this Article represent only a small extension of the present rules, and deserve consideration for immediate adoption, including a proposed liberalization of confidentiality rules to permit disclosures in the case of imminent environmental harm ...


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi 2016 St. Thomas University

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


2016 California Water Law Symposium, Golden Gate University School of Law 2016 Golden Gate University School of Law

2016 California Water Law Symposium, Golden Gate University School Of Law

Environmental Law Symposia

This award-winning event is produced by law students from McGeorge School of Law, UC Berkeley School of Law, UC Hastings College of Law, Golden Gate University School of Law, University of San Francisco School of Law, and UC Davis School of Law. This year we will explore innovations needed to address periodic drought as the new normal in California water via six exciting panels. The panels will examine the importance of “thinking globally, acting locally” in the context of key emerging issues.

Conference proceedings attached.

PROGRAM

Registration & Continental Breakfast 8:00 a.m. - 9:00 a.m.

Introduction 9:00 ...


Battery And Deprivation Of Liberty: How To Begin To Compensate Flint Residents For Their Drinking Water Fiasco, John G. Culhane 2016

Battery And Deprivation Of Liberty: How To Begin To Compensate Flint Residents For Their Drinking Water Fiasco, John G. Culhane

John G. Culhane

How to Begin to Compensate Flint Residents for Their Drinking Water Fiasco


Asking The Right Questions About The Future Of Shale Gas, John C. Dernbach 2016

Asking The Right Questions About The Future Of Shale Gas, John C. Dernbach

John C. Dernbach

This Article argues that the questions that have guided U.S. energy policy for decades — about how to assure cheap, plentiful, and secure energy with basic environmental and public health protection — are no longer the only relevant questions. This is particularly true after the December 2015 Paris Agreement on climate change Shale, in which countries unanimously agreed to progressively reduce their greenhouse gas emissions until there are net zero greenhouse gas emissions in the second half of this century. Shale gas is used as a case in point. Shale gas development is justified on the basis that it contributes to ...


Fortalecimiento De La Fiscalización Ambiental En El Perú, Jorge R Llanos 2016

Fortalecimiento De La Fiscalización Ambiental En El Perú, Jorge R Llanos

Jorge Rolando Llanos García

 El Organismo de Evaluación y Fiscalización Ambiental (OEFA),mediante Resolución de Consejo Directivo Nº 049-2015-OEFA/CD (18.12.15), aprobó el "Modelo de Reglamento de Supervisión Ambiental". Se trata de una iniciativa normativa que establece el marco de la supervisión ambiental de las Entidades de Fiscalización Ambiental (EFA), con la finalidad de prevenir daños ambientales y promover la subsanación voluntaria de los presuntos incumplimientos, para garantizar una adecuada protección ambiental.


The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds 2016 Belfer Center for Science and International Affairs, Harvard Kennedy School, Harvard University, USA

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

An emerging set of proposed technologies to reduce risks from climate change stands to dramatically alter the international politics of climate change and potentially much more. These large-scale intentional interventions in natural systems, typically called ‘climate engineering’ or ‘geoengineering’, may be able to break through the collective action problem of greenhouse gas emissions cuts and greatly reduce climate risks rapidly and at low cost. At the same time, they pose their own environmental and social risks while potentially turning international climate politics ‘upside down’. Tensions brought about by climate engineering could conceivably lead to international conflict and pose a threat ...


Taking The Oceanfront Lot, Josh Eagle 2016 University of South Carolina

Taking The Oceanfront Lot, Josh Eagle

Josh Eagle

Oceanfront landowners and states share a property boundary that runs between the wet and dry parts of the shore. This legal coastline is different from an ordinary land boundary. First, on sandy beaches, the line is constantly in flux, and it cannot be marked except momentarily. Without the help of a surveyor and a court, neither the landowner nor a citizen walking down the beach has the ability to know exactly where the line lies. This uncertainty means that, as a practical matter, ownership of some part of the beach is effectively shared. Second, the common law establishes that the ...


Climate Change And Federal Crop Insurance, Chad G. Marzen, Grant Ballard 2016 Florida State University

Climate Change And Federal Crop Insurance, Chad G. Marzen, Grant Ballard

Chad G. Marzen

The federal crop insurance program is well-positioned today to promote resilient agricultural practices which mitigate the future impact of climate change. In light of climate change risk, this article examines issues relating to climate change and the federal crop insurance program. As a government-administered program, the federal crop insurance program is in a position where it can implement policies and standards to reduce climate change risk. The first substantive section of this article examines the present risk of climate change in agriculture, discusses recent steps taken to address climate change in agriculture by the Obama administration, and generally discusses the ...


The Natech: Right-To-Know As Space-Time Puzzle, Gregg P. Macey 2016 Brooklyn Law School

The Natech: Right-To-Know As Space-Time Puzzle, Gregg P. Macey

Gregg P. Macey

Federal environmental law began with a plea: that agencies and other parties consider, and mitigate, the environmental impacts of their work. The task remains unfulfilled given the nature of those impacts: They feature system effects, nonlinear interactions, feedback loops, discontinuous and threshold dynamics, and uncertain boundaries. The administrative state has limited means to address them. It relies on artificial constructs to assess and respond to impacts, such as worst-case scenarios, reasonable foreseeability, and scales that are either inappropriately narrow (“linked” projects) or large and vague (“program-level”). Right-to-know laws share this shortcoming, a product of the disasters that led to their ...


“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana 2016 Chapman University, Fowler School of Law

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving ...


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