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Full-Text Articles in Law

Smoke Before Oil: Modeling A Suit Against The Auto And Oil Industry On The Tobacco Tort Litigation Is Feasible, Angela Lipanovich Oct 2010

Smoke Before Oil: Modeling A Suit Against The Auto And Oil Industry On The Tobacco Tort Litigation Is Feasible, Angela Lipanovich

Golden Gate University Law Review

This Comment explores the viability of using the same legal theories employed in the 1990's tobacco litigation to hold the petro industry accountable in California for some of the harms caused by its products. Section I reviews the historical framework and key events leading to the tobacco tort litigation's recovery of public expenses and attainment of industry accountability. Section II describes some of the damages that petro plaintiffs could allege in similar tort claims brought against the petro industry and identifies public costs that petro plaintiffs might be able to recover. In Section III the feasibility of bringing petro tort …


Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus Aug 2010

Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus

Golden Gate University Environmental Law Journal

This Comment will examine the development of arranger liability under Ninth Circuit jurisprudence, specifically looking at the impact of Ninth Circuit‟s decision in Burlington Northern and the impact of the Supreme Court‟s reversal. Section II of this Comment will briefly examine the mechanisms for triggering CERCLA liability, specifically the definition of arranger liability under CERCLA. Next, Section III will address arranger liability in the Ninth Circuit. Specifically, this discussion will consider “direct” arranger liability considered in Cadillac Fairview/California, Inc. v. United States, which examined when transactions constitute “arrangements for disposal,” as contrasted with Burlington Northern, which expanded and applied a …


Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson Aug 2010

Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson

Golden Gate University Environmental Law Journal

This Article explores the legacy of the U.S. environmental justice movement for the U.S.-Mexico border region. Part I introduces the case of Metales y Derivados, an abandoned, U.S.-owned maquiladora factory in Tijuana, Mexico, and the community’s struggle to compel cleanup of toxic waste at the site. In the context of environmental justice, Metales y Derivados illustrates a complex intersection of histories and cultures, international trade policy, and movement building. Part II discusses how racism, a defining element of the environmental justice movement, is often minimized and even denied in Latin America, despite studies documenting its persistence. Part III examines obstacles …


Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview~Hunters Point Community, Clifford Rechtschaffen Jan 2008

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview~Hunters Point Community, Clifford Rechtschaffen

Publications

Although the environmental justice movement catapulted into national consciousness during the 1990s, as reflected most notably in President Clinton's 1994 Executive Order on Environmental Justice, communities of color still face an uphill struggle fighting specific siting decisions. One community in the midst of such a battle is Bayview-Hunters Point, a low and middle-income community in San Francisco, overwhelmingly comprised of people of color. It is home to San Francisco's two existing power plants, and is burdened with a very high concentration of the City's dirty industries. In 1994, the San Francisco Energy Company proposed siting yet another power plant in …


Assessment Of California's Largest Hazardous Waste Generators' Source Reduction Planning Efforts, California Environmental Protection Agency Sep 1998

Assessment Of California's Largest Hazardous Waste Generators' Source Reduction Planning Efforts, California Environmental Protection Agency

California Agencies

No abstract provided.


Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview~Hunters Point Community, Clifford Rechtschaffen Apr 1996

Fighting Back Against A Power Plant: Some Lessons From The Legal And Organizing Efforts Of The Bayview~Hunters Point Community, Clifford Rechtschaffen

Publications

Although the environmental justice movement catapulted into national consciousness during the 1990s, as reflected most notably in President Clinton's 1994 Executive Order on Environmental Justice, communities of color still face an uphill struggle fighting specific siting decisions. One community in the midst of such a battle is Bayview-Hunters Point, a low and middle-income community in San FrancIsco, overwhelmingly comprised of people of color. It is home to San Francisco's two existing power plants, and is burdened with a very high concentration of the City's dirty industries. In 1994, the San Francisco Energy Company proposed siting yet another power plant in …


California's Environment And The International Agenda, Senate Committee On Toxics And Public Safety Management Dec 1989

California's Environment And The International Agenda, Senate Committee On Toxics And Public Safety Management

California Senate

This paper presents background information on California, identifies environmental threats, describes current efforts to protect the environment, and suggests further steps which are needed to avoid environmental deterioration.