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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
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
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
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
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
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
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
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.