Law Commons^™

Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various calculations and inputs relied upon when using the EPA’s PRG calculator to assess risk to human health and the environment in its ongoing work to remediate contamination at the shipyard.

Nrc Petition Supplemental Filing: Reply To Tetra Tech Response, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter responding to Tetra Tech’s written response to the petition to revoke its radiological materials license, and supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license.

Cercla Cleanup 2018.09.07 Comments To Fourth Five-Year Review, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its Draft Fourth Five Year Review. (52 pages)

Cercla Cleanup 2018.09.06 Response From Ca Dept Of Public Health, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Response from the CA Department of Public Health related to its testing for hazardous materials left at Parcel A.

Cercla Cleanup 2018.08.14 Comments To Draft Parcel G Work Plan, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to the Navy providing specific, critical comments on its draft Parcel G Work Plan. Comments categories include requesting: the Navy share all substantive elements of its plan with the public before closing the public comment period; the Navy retest all areas where Tetra Tech worked; adequate oversight to ensure fraud is not repeated; update to remedial plans to reflect facts now in the record including Tetra Tech’s fraud and potential impacts which flow from that fraud; stop improperly modifying remedial goals, and; update plan for establishing radiological background levels. (27 pages)

Cercla Cleanup 2018.08.13 Letter To Request That Navy Release Supporting Documents, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Request to the Navy to release various sampling plans which were referenced in the Draft Parcel G Work Plan, but were not released to the public, thus limiting the ability to evaluate and provide meaningful comments on the Parcel G Work Plan.

Cercla Cleanup 2018.08.01 Letter To Nancy Pelosi, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter to Democratic Leader of the U.S. House of Representatives, Nancy Pelosi, listing concerns about the integrity of the ongoing cleanup at Hunters Point and asking her to support transparency in the Navy’s cleanup operations.

California Department Of Public Health Petition To Revoke Tetra Tech's State Radiological License, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license, based on the same evidence submitted to the U.S. Nuclear Regulatory Commission in the petition to revoke Tetra Tech’s federal license and subsequent supplements to the original Petition (June 28, 2017) and supplements to the Petition.

Nrc Petition Supplemental Filing 3 2018.07.23, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including findings from the Navy and EPA reviews of Tetra Tech’s data from the cleanup.

Cercla Cleanup 2018.07.13 Comments To Cdph Parcel A Scanning Plan, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Comment letter to CA Department of Public Health criticizing the adequacy of its plan to scan Parcel A for radiological contaminants. (9 pages)

California Department Of Public Health Petition Exhibit 2 - Declaration Of Steven J Castleman, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Steven J. Castleman in support of July 26, 2018 petition to the California Department of Public Health to revoke Tetra Tech’s state radiological materials license.

The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.

Nrc Petition Supplemental Filing 2 2018.02.13, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including reports by the Navy on data by Tetra Tech related to its remediation of soil at parcels C and E.

Nrc Petition Supplemental Filing 1 2018.01.18, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Letter supplementing Greenaction’s petition with additional information supporting the revocation of Tetra Tech’s license, including a report by the Navy on data by Tetra Tech related to its remediation of soil at parcels B and G.

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

This Article makes two core arguments. First, it maintains that the common law of nuisance remains an essential backstop when existing regulatory authorities fail to address significant environmental problems. Second, reconnecting nuisance law to its historical roots, the Article maintains that common law litigation has served as an effective prod to help spur the development and implementation of new pollution control technology and to stimulate regulatory action to require its use, rather than serving as a vehicle for the judiciary to impose its own solutions for environmental problems.

This Article proceeds in four parts. Part I reviews the history of …

Cercla Cleanup 2017.12.21: Response From Navy, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Navy responding to Greenaction’s concerns with the ongoing cleanup provided in a letter to the Navy on August 22, 2017.

Do Not Forget To Wear A Hat, Michael Herz

Faculty Online Publications

President Trump’s tweets get all the attention, but those from others in the federal government can also be pretty striking. Consider how the U.S. Environmental Protection Agency’s (EPA) Twitter feed is taking on global and local environmental threats.

Cercla Cleanup 2017.08.22: Navy Not To Rely On Tetra Tech Data And Technical Grant, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Comment letter asking the Navy to investigate the impact of Tetra Tech’s fraud by retesting surface and subsurface soils, and by interviewing witnesses and other relevant individuals related to the known fraud to uncover further instances and root causes of the fraud.

Nrc Petition To Revoke The License Of Tetra Tech Ec, Inc., Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Greenaction’s petition to the U.S. Nuclear Regulatory Commission to revoke Tetra Tech, EC, Inc.’s radiological materials license, dated June 28, 2017. A radiological materials license is required when a company or individual handles regulated radiological material. Based on testimony provided in attached declarations, the Petition provides evidence that Tetra Tech employees engaged in deliberate falsification of radiological remediation at the Shipyard. The Petition argues that Tetra Tech’s behavior violates NRC regulations and the only appropriate consequence is for the NRC to revoke its license.

Nrc Petition Exhibit N Declaration Of Robert Mclean, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Robert McLean in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit D Declaration Of Archie Jackson, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Archie Jackson in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit A – Declaration Of Elbert Bowers And Attachments, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Bert Bowers in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit E Declaration Of Arthur Jahr, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Art Jahr in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit C Declaration Of Susan Andrews, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Susan Andrews in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit G Declaration Of Richard Stoney, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Richard Stoney in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Nrc Petition Exhibit B Declaration Of Anthony Smith, Golden Gate University School Of Law

Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents

Declaration of Anthony Smith in support of Greenaction’s NRC Petition to Revoke Tetra Tech’s license.

Behavioral Public Choice And The Carbon Tax, Gary M. Lucas Jr

Faculty Scholarship

In response to the historic Paris Agreement on climate change and to the Environmental Protection Agency’s recently finalized Clean Power Plan, economists and other climate policy experts have renewed the call for the United States to adopt a carbon tax. Opposition among the public presents a major obstacle. While a majority of the public supports government action on climate change, most people favor the use of “green” subsidies and command-and-control regulations—a fact that frustrates economists of all political stripes who contend that a carbon tax would be much cheaper and more effective. This Article argues that a cognitive bias known …

Scientists & Librarians Turn To “End Of Presidential Term” Web Archive To Safeguard Climate Change Data, Alyssa S. Rosen

Elisabeth Haub School of Law Faculty Publications

In anticipation of president-elect Donald Trump’s taking office, scientists have been working round the clock to safeguard federal government climate change data. Many academics and librarians share the concern that federal .gov climate data and information, for example from the EPA and NOAA websites, will be lost or become unavailable with the transition to the new administration. Fact is, a large percentage of information on federal government servers, including digital federal records, reports, and research, is not protected by any law or agency mandate, and can vanish within days of the arrival of a new president.

The Production Function Of The Regulatory State, J.B. Ruhl, Jonathan R. Nash, James Salzman

Vanderbilt Law School Faculty Publications

How much will our budget be cut be this year? This question has loomed ominously over regulatory agencies for over three decades. After the 2016 presidential election, it now stands front and center in federal policy, with the Trump administration pledging over $50 billion in cuts. Yet very little is known about the fundamental relationship between regulatory agencies budgets and the social welfare outcomes they are charged to produce. Indeed, the question is scarcely studied in scholarship from law, economics, or political science. This article lays the groundwork for a new field of theoretical and empirical research, using what we …

The Lautenberg Act: Chemical Safety Overhaul Of The Toxic Substances Control Act, Alyssa S. Rosen

Elisabeth Haub School of Law Faculty Publications

On June 22, 2016, President Obama signed the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), a landmark bipartisan compromise legislation designed to overhaul the Toxic Substances Control Act (TSCA). The Lautenberg Act makes it easier for the U.S. Environmental Protection Agency (EPA) to regulate toxic substances while providing the chemical industry with regulatory clarity and certainty. Law Librarians, practicing lawyers, and academics have taken note of this groundbreaking law that most likely will set the template for the next generation of environmental reform by tackling issues such as preemption of state law, protection of vulnerable populations, …