Law Commons^™

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 …

The Cost Of The Bright Red Strawberry: The Dangerous Failure Of Pesticide Regulations To Account For Child Farmworkers, Luthien L. Niland

Golden Gate University Environmental Law Journal

Agriculture is the most dangerous industry for child workers, yet the laws that regulate the work of children in the fields are among the least protective of worker health and safety. This Article examines the failure of U.S. laws and international obligations to protect children from the devastating effects of pesticide exposure. Part II of this Article will explain the presence of children in fields and their heightened vulnerability to pesticides compared to adult farmworkers. In addition, it will discuss the deficiencies in current pesticide laws that result in inadequate protection for child farmworkers. Part III will examine the United …

Endless Exemptions: An Environmental Justice Critique Of The Ongoing Use Of Methyl Bromide, Laura Kent-Monning

Golden Gate University Environmental Law Journal

This Comment is an environmental justice critique of the ongoing use of methyl bromide. Part I provides an overview of methyl bromide, the Montreal Protocol, the CAA, and the Executive Order on Environmental Justice. Part II critiques the system of CUEs by arguing that the ongoing use of methyl bromide, facilitated by the Environmental Protection Agency (EPA), places an undue burden on minority and low income communities and, therefore, violates the Executive Order on Environmental Justice. In addition, Part II illustrates other instances in which the EPA has violated the Executive Order; argues that the CUE system violates the environmental …