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Taking A Breath: Lessons For The Port Of Oakland From The Clean Trucks Program At The Ports Of Los Angeles And Long Beach, Julia Chernova 2018 Golden Gate University School of Law

Taking A Breath: Lessons For The Port Of Oakland From The Clean Trucks Program At The Ports Of Los Angeles And Long Beach, Julia Chernova

Golden Gate University Environmental Law Journal

This article first discusses and explains the laws that govern air quality at the major California ports. Then, it explores the Clean Truck Program (CTP) implemented by the ports of Los Angeles and Long Beach to improve port-related air quality and address public health issues in low-income areas caused by drayage trucks emissions. Next, it discusses a comparison of truck air pollution regulations at the ports of Los Angeles, Long Beach, and Oakland. Finally, this article argues that it is necessary for the port of Oakland to adopt measures used by the ports of Los Angeles and Long Beach to ...


Powering Mary Jane: Marijuana And Electric Public Utilities, Ryan Dadgari 2018 Golden Gate University School of Law

Powering Mary Jane: Marijuana And Electric Public Utilities, Ryan Dadgari

Golden Gate University Environmental Law Journal

The discourse surrounding legalizing marijuana use and cultivation is full of political, legal, and economic voices. While some discussions address the high electricity consumption of marijuana grow operations and their effects on the energy grid, few—if any—discuss whether or not public utilities could be held federally liable for supplying power to marijuana grows and incentivizing growers to use more energy efficient methods. Just as banks, doctors and lawyers could be at risk for providing their services to this emerging industry, so too could public utilities. In some cases, utilities that refuse to provide service to state-legal marijuana grow ...


A Battle Over Oysters: Drakes Bay Oyster Co. V. Jewell And Its Aftermath, Elena Idell 2018 Golden Gate University School of Law

A Battle Over Oysters: Drakes Bay Oyster Co. V. Jewell And Its Aftermath, Elena Idell

Golden Gate University Environmental Law Journal

This comment summarizes the saga of Drakes Bay Oyster Company (DBOC), located in Point Reyes National Seashore (Seashore) in Marin County, California, just north of San Francisco. Owned and operated by the Lunny family, DBOC battled the National Park Service (NPS) in an attempt to compel the NPS to renew its special use permit (SUP). The SUP allowed DBOC to operate within Point Reyes National Seashore. This conflict pitted environmentalists against each other. Supporters of local, sustainable agriculture were on one side of the environmental debate. Traditional environmentalists, representing the other side, advocated for returning uninhabited areas to an untouched ...


Cherishing The Coast: California Goes Long, Ariel Rubissow Okamoto, Nate Seltenrich, Lisa Owens Viani, Jonathon Gurish 2018 Golden Gate University School of Law

Cherishing The Coast: California Goes Long, Ariel Rubissow Okamoto, Nate Seltenrich, Lisa Owens Viani, Jonathon Gurish

Golden Gate University Environmental Law Journal

This article focuses on the California Coastal Conservancy. It explores the Conservancy’s uniquely proactive approach to coastal zone management through both oral history (collected via telephone interviews) and literature research. In general, being proactive has involved the Conservancy in activities such as identifying coastal areas or wildlife habitats in need of protection; developing plans and priorities for acquisition or restoration; assembling and supporting local stewards and partners; leading and shepherding collaborative projects to fruition; and often providing significant funding.


Front Matter, 2018 Golden Gate University School of Law

Front Matter

Golden Gate University Environmental Law Journal

Front Matter includes Masthead, list of faculty and staff, and Table of Contents.


The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark 2018 University of Notre Dame Law School

The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark

Notre Dame Journal of International & Comparative Law

The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I ...


One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney 2018 University of Miami Law School

One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney

University of Miami Inter-American Law Review

No abstract provided.


Balancing Marine Mammal Protection Against Commercial Fishing: The Zero Mortality Goal, Quotas And The Gulf Of Maine Harbor Porpoise, Mary M. Sauer 2018 University of Maine School of Law

Balancing Marine Mammal Protection Against Commercial Fishing: The Zero Mortality Goal, Quotas And The Gulf Of Maine Harbor Porpoise, Mary M. Sauer

Maine Law Review

Marine mammals and commercial fishermen come into direct conflict when marine mammals become entangled in commercial fishing nets. Since marine mammals must come up to the water surface in order to breathe, they will die if they cannot break free of an underwater net. This conflict is exemplified by the plight of the harbor porpoise in the Gulf of Maine. The federal regulatory framework that attempts to balance the competing interests of commercial fishermen and marine mammals is currently in flux, and its final form may determine the fate of species like the harbor porpoise. This Comment will examine the ...


Love Of Landfill: Trashing The Maine Constitution To Solve A Garbage Problem, Donald Maurice Kreis 2018 University of Maine School of Law

Love Of Landfill: Trashing The Maine Constitution To Solve A Garbage Problem, Donald Maurice Kreis

Maine Law Review

The human family is engaged in a noble struggle against the law of entropy, seeking to turn back or at least retard the inexorable process by which all matter in the known universe passes from useful to useless form. The political and legal system generally refers to useless matter as solid waste; in Maine the Legislature has chosen to wage this struggle against entropy and discourage production of entropical by-products through the enactment of the state's first comprehensive waste management law, "An Act to Promote Reduction, Recycling and Integrated Management of Solid Waste and Sound Environmental Regulation" (hereinafter "the ...


Native Ecosystems Council V. Marten, Rebecca A. Newsom 2018 Alexander Blewett III School of Law at the University of Montana

Native Ecosystems Council V. Marten, Rebecca A. Newsom

Public Land and Resources Law Review

In Native Ecosystems Council v. Marten, the Ninth Circuit found that the United States Forest Service did not violate the Endangered Species Act, National Forest Management Act, or National Environmental Policy Act, when it proposed the Lonesome Wood Vegetation Management 2 Project in the Gallatin National Forest of Montana, even though the decision was inconsistent with the United States Forest Service’s reports. The Ninth Circuit’s holding demonstrated the wide amount of deference the courts will give the Forest Service when determining the best available scientific data.


Toward A National Conservation Network Act: Transforming Landscape Conservation On The Public Lands Into Law, Robert B. Keiter 2018 S.J. Quinney College of Law, University of Utah

Toward A National Conservation Network Act: Transforming Landscape Conservation On The Public Lands Into Law, Robert B. Keiter

Utah Law Faculty Scholarship

The United States has made a remarkable commitment to nature conservation on the federal public lands. The country’s existing array of national parks, wilderness areas, national monuments, wildlife refuges, and other protective designations encompasses roughly 150 million acres, or nearly 40 percent of the “lower 48” federal estate. A robust land trust movement has protected another 56 million acres of privately owned lands. Advances in scientific knowledge reveal that these protected enclaves, standing alone, are insufficient to protect native ecosystems and at-risk wildlife from climate change impacts and unrelenting development pressures. Abetted by existing law, conservation policy is now ...


Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan 2018 WildEarth Guardians

Wilderness, Luck & Love: A Memoir And A Tribute, Neil Kagan

Michigan Journal of Environmental & Administrative Law

In 1983, I brought two lawsuits, my first in federal court. Together, these lawsuits were the catalyst responsible for breaking a years-long impasse over the fate of pristine wildlands under the supervision of the U.S. Forest Service. The lawsuits also pushed Congress to preserve more wildlands as wilderness than it would have otherwise. Congress preserved more than 8.2 million acres of land in eighteen states in 1984 all told.

Many forces and people were responsible for protecting wildlands in the United States as wilderness. I tell this story to recognize the one person who has never received any ...


Tiny Things With A Huge Impact: The International Regulation Of Nanomaterials, Dario Picecchi 2018 University of Lucerne

Tiny Things With A Huge Impact: The International Regulation Of Nanomaterials, Dario Picecchi

Michigan Journal of Environmental & Administrative Law

Mounting evidence demonstrates that nanotechnology and nanomaterials impose severe environmental risks. To minimize these risks, the usage and handling of certain nanomaterials could be addressed under existing treaties such as the Rotterdam Convention, the Stockholm Convention, and the Basel Convention. However, even if existing treaties govern the handling of certain nanomaterials, no treaty effectively regulates all the specific challenges that nanomaterials pose to the global environment. Consequently, a completely new regulatory instrument is required. An international organization could take responsibility for developing and promoting such a nanospecific international legal framework. By incorporating the precautionary principle, a technology transfer, research cooperation ...


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore III 2018 St. Mary's University School of Law

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig 2018 S.J. Quinney College of Law, University of Utah

Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig

Utah Law Faculty Scholarship

This amicus brief discusses how, under domestic law, the President can establish national monuments, pursuant to the Antiquities Act, in the ocean. It focuses on the seabed's status as "land owned or controlled by the federal government" under U.S. law, as the Antiquities Act requires, and on the President's authority to regulate fishing within marine national monuments.


The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel 2018 Northwestern University Law School

The Rise Of Rights-Based Climate Litigation And Germany's Susceptibility To Suit, Marc A. R. Zemel

Fordham Environmental Law Review

No abstract provided.


The Lights Are On: Shining A Spotlight On The Retail Energy Market Reveals The Need For Enhanced Consumer Protections, Carrie A. Scrufari 2018 Vermont Law School

The Lights Are On: Shining A Spotlight On The Retail Energy Market Reveals The Need For Enhanced Consumer Protections, Carrie A. Scrufari

Fordham Environmental Law Review

No abstract provided.


Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas 2018 University of Utah S.J. Quinney College of Law

Protecting Cultural Rights In The South Pacific Islands: Using Unesco And Marine Protected Areas To Plan For Climate Change, Elizabeth Thomas

Fordham Environmental Law Review

No abstract provided.


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey 2018 Alexander Blewett III School of Law at the University of Montana

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

Public Land and 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 actions ...


California Needs An Environmental Lawyer Like Him, Darryl Gruen 2018 California Public Utilities Commission

California Needs An Environmental Lawyer Like Him, Darryl Gruen

Golden Gate University Law Review

Interview of Darryl Gruen by George Emmons, Executive Articles Editor, Golden Gate University Law Review, in San Francisco, Cal. (Jan. 19, 2018). This article represents the commentary of Darryl Gruen and does not necessarily represent opinions of the California Public Utilities Commission.


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