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Full-Text Articles in Law
Indigenous Influence On The Rights Of Nature Movement, Vanessa Racehorse
Indigenous Influence On The Rights Of Nature Movement, Vanessa Racehorse
Faculty Scholarship
The growing recognition of the rights of nature is a blend of both modern conservation efforts and principles reflected in traditional Indigenous stewardship that should be an essential component of the discourse around environmental justice. This article provides an overview of the laws that invoke the rights of nature that Indigenous perspectives and practices regarding environmental preservation have influenced. This discussion pays particular attention to the White Earth Band of Ojibwe's "Rights of Manoomin" law and Manoomin v. Minnesota Department of Natural Resources (White Earth Band of Ojibwe Tribal Ct. 2021), the first rights of nature case filed in a …
Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty
Climate Chauvinism: Rethinking Loss & Damage, Nadia B. Ahmad, Victoria Beatty
Faculty Scholarship
No abstract provided.
Thirsty Places, Priya Baskaran
Thirsty Places, Priya Baskaran
Articles in Law Reviews & Other Academic Journals
The United States, among the wealthiest and most prosperous nations in the world, regularly fails to provide clean, potable water to many of its citizens. Recent water crises occur within communities categorized as Geographically Disadvantaged Spaces ("GDS'), which often encompass urban and rural areas. What is more, people of color and economically vulnerable populations are often located within GDS, disproportionately burdening these groups with the economic and public health consequences of failing water infrastructure. This article provides a novel, comparative analysis of communities lacking potable water in Flint, Michigan, and southern West Virginia. This analysis highlights entrenched structural problems present …
Using New York Law To Advance Equity In The Transportation & Climate Initiative Program, Hillary Aidun, Ama Francis, Michael B. Gerrard
Using New York Law To Advance Equity In The Transportation & Climate Initiative Program, Hillary Aidun, Ama Francis, Michael B. Gerrard
Faculty Scholarship
Reducing pollution from the transportation sector is one of the most important steps to sustaining a livable climate. The transportation sector is the leading source of greenhouse gas (GHG) emissions in both the United States and New York. Cars, trucks and buses also emit other harmful air pollutants that more immediately contribute to public health threats such as asthma, heart disease, and premature death.
Cercla Cleanup 2020.04.09 Response From Epa To Eljc Letter Dated Dec. 2019, United States Environmental Protection Agency
Cercla Cleanup 2020.04.09 Response From Epa To Eljc Letter Dated Dec. 2019, United States Environmental Protection Agency
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
ELJC’s Dec. 13, 2019 letter commented on EPA’s November 15 letter to the Navy regarding the Navy's draft evaluation of radiological soil remediation goals at HPNS. This is EPA’s response to the four concerns identified in that letter: consideration of the risk posed by homegrown produce; lack of health based support for remediation goal for radium-226; retesting’s use of methods to adequately detect pollution; and, the Navy’s repeated unfounded statements to the public that the remediation goals are protective.
Remaking Environmental Justice, Clifford Villa
Remaking Environmental Justice, Clifford Villa
Faculty Scholarship
From movements for civil rights in the 1960s and environmental protection in the 1970s, the environmental justice movement emerged in the 1980s and 1990s to highlight the disparate impacts of pollution, principally upon people of color and low-income communities. Over time, the scope of environmental justice expanded to address concerns for other dimensions of diversity. New and continuing challenges tell us that we need to reframe our understanding of environmental justice to ensure better protection for people going forward. One way to reframe this understanding may be to apply the heuristic of vulnerability analysis as proposed by legal theorist Martha …
Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law
Cercla Cleanup 2019.12.13 Letter To Epa On Its November Comments To The Draft Fyr Addendum For Soil, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
December 13, 2019 letter to EPA providing additional comments on the Fourth Five Year Review and related documents which must analyze whether the cleanup is protective of human health and the environment: the Navy’s risk assessment should consider consumption of produce grown on the former shipyard; the Navy must provide rationale for the remedial goal used for radium-223; the retesting must use adequate sensitivity to detect radioactivity far below the current remedial goals which are not protective, and; the Navy continues to make unfounded assertions about the protectiveness of the remedy. (6 pages)
Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law
Cercla Cleanup 2019.11.07 Letter To Navy - Draft Addendum For Buildings, Golden Gate University School Of Law, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
November 7, 2019 letter to the Navy commenting on its Draft Addendum to the Five Year Review (evaluating radiological remedial goals for buildings), noting that the Navy’s process for calculating risk was inconsistent with EPA guidance in numerous instances, and resulted in underestimating risk to human health and the environment. Even so, the resulting risk was outside what EPA considers protective. (14 pages)
Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law
Cercla Cleanup 2019.10.14 Letter To Epa Re Concurrence With Fyr Protectiveness, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
October 14, 2019 letter to Angeles Herrera, EPA Region 9, Assistant Director, Superfund Division, Federal Facilities and Site Cleanup Branch, commenting that the Navy's protectiveness determinations are inconsistent with EPA's guidance and unsupported by the facts. (32 pages)
Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law
Cercla Cleanup 2019.09.06 Comment On Navy Fyr Addendum On Soil, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
September 6, 2019 letter to Derek J. Robinson, Navy BRAC Environmental Coordinator, providing comments from Greenaction regarding Navy' s Draft Addendum to Five-Year Review (Evaluation of Radiological Remedial Goals for Soil, Hunters Point Naval Shipyard). (25 pages)
Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law
Cercla Cleanup 2019.08.22 Response From Navy Re Remedial Goals And Prg Vs. Resrad, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
August 22, 2019 response from the Navy to Greenaction’s June 28 letter pointing to various inadequacies in the Navy’s review of protectiveness in the remedial design for the cleanup at the Shipyard. (2 pages)
California Department Of Public Health: Petition Cdph Response, Golden Gate University School Of Law
California Department Of Public Health: Petition Cdph Response, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
July 31, 2019 letter from Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, responding to Greenaction’s July 23 inquiry, noting that CDPH is tracking the NRC and other proceedings related to Tetra Tech’s fraud, and that Tetra Tech's last radiological work in California pre-dated Greenaction’s challenge.
California Department Of Public Health: Petition Request For Action On Petition, Golden Gate University School Of Law
California Department Of Public Health: Petition Request For Action On Petition, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
July 23, 2019 letter to Gonzalo Perez, Environmental Program Manager at the Radiological Health Branch of the CA Department of Public Health, asking for a response or action related to Greenaction’s petition to revoke Tetra Tech’s California Radiological Materials License.
Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law
Cercla Cleanup 2019.06.28 Navy Use Of Prg Vs. Resrad, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
June 28, 2019 letter to Laura Duchnack, BRAC PMO, requesting meaningful public participation and challenging the use of RESRAD. (18 pages)
Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing 4 Exhibit 2 - Bowers 2nd Nrc Declaration, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Bert Bowers in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Nrc Petition: Supplemental Filing No. 4, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing No. 4, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
June 21, 2019 filing to NRC: Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Nrc Petition: Supplemental Filing 4 Exhibit 7 - Declaration Of Steven J Castleman, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing 4 Exhibit 7 - 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 June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Nrc Petition: Supplemental Filing 4 Exhibit 4 - Mclaughlin Declaration, Golden Gate University School Of Law
Nrc Petition: Supplemental Filing 4 Exhibit 4 - Mclaughlin Declaration, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
Declaration of Kevin McLaughlin in support of June 21, 2019 Supplemental Filing No. 4 and Supplemental Prayer For Relief.
Cercla Cleanup 2019.03.15 Parcel G Plan Supplemental Comments, Golden Gate University School Of Law
Cercla Cleanup 2019.03.15 Parcel G Plan Supplemental Comments, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
March 15, 2019 letter to Derek Robinson, HPNS Navy BRAC Environmental, providing comments to the Draft Final Parcel G Removal Site Evaluation Work Plan, Former Hunters Point Naval Shipyard, San Francisco, California, November 2018. (26 pages)
Cercla Cleanup 2019.02.05 Navy Prg Calculations, Golden Gate University School Of Law
Cercla Cleanup 2019.02.05 Navy Prg Calculations, Golden Gate University School Of Law
Environmental Law and Justice Clinic - Hunters Point Naval Shipyard Documents
February 5, 2019 letter to Thomas A. Macchiarella, BRAC PMO, requesting that the Navy release its Preliminary Remediation Goal calculations to the public related to the Parcel G Work Plan and Five Year Review and reopen public comment on these documents. (4 pages)
Determining Climate Responsibility: Government Liability For Hurricane Katrina?, Teresa Chan, Michael Burger, Vincent Colatriano, John Echeverria
Determining Climate Responsibility: Government Liability For Hurricane Katrina?, Teresa Chan, Michael Burger, Vincent Colatriano, John Echeverria
Sabin Center for Climate Change Law
In St. Bernard Parish Government v. United States, Louisiana property owners argued that the U.S. government was liable under takings law for flood damage to their properties caused by Hurricane Katrina and other hurricanes. The U.S. Court of Appeals for the Federal Circuit disagreed, however, noting that the government cannot be liable on a takings theory for inaction, and that the government action was not shown to have been the cause of the flooding. On September 6, 2018, the Environmental Law Institute hosted an expert panel to explore this ruling and its potential implications for future litigation in a …
Cercla Cleanup 2018.11.20 Request Release Of Prg Data, Golden Gate University School Of Law
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
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
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
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
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
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
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
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
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.