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The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light
The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light
Golden Gate University Environmental Law Journal
Two months after the April 2010 Deepwater Horizon explosion, BP and the Obama White House announced the creation of the $20 billion Deepwater Horizon Oil Spill Trust (“the Trust”) to pay individuals and businesses suffering losses arising from the disaster. Although BP initially paid certain claimants, Kenneth R. Feinberg, a Washington lawyer who previously administered the 9/11 Compensation Fund, opened the Gulf Coast Claims Facility (“the Facility” or GCCF) in August to “independently” resolve disaster claims against BP. As publicly advertised, the Facility and the $20 billion Trust, to which it has access to pay claims, are designed to address …
Holding The "Responsible Corporate Officer" Responsible: Addressing The Need For Expansion Of Criminal Liability For Corporate Environmental Violators, Nancy Mullikin
Golden Gate University Environmental Law Journal
This comment argues that the responsible corporate officer (RCO) doctrine, as written into the CWA and the CAA, was intended to impose an affirmative duty on corporate officers based on their position and should be interpreted to expand criminal liability in the prosecution of substantive corporate environmental crimes. This comment also argues that the courts should expand criminal liability based on the RCO doctrine instead of limiting its application. Part II provides an overview of criminal prosecution of environmental crimes: its history, procedures, and purposes, in order to provide a context for understanding how the RCO doctrine appropriately expands criminal …
Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel
Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel
Golden Gate University Environmental Law Journal
Part II of this Comment provides an overview of the debris found in the Patch and the associated health impacts. Part III reviews the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters (the London Convention) with its corresponding international and U.S. laws, and then separately examines the U.S. Marine Debris Research, Prevention, and Reduction Act (MDRPRA). Part IV argues that the laws identified in Part III can be applied to provide a means to clean up the portion of the Patch affecting U.S. territory. Part V briefly surveys the United Nations Framework Convention on …