Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in 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
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)
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.
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)
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Indiana Law Journal
Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …
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)
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.
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
This Land Is Your Land, This Land Is Mined Land: Expanding Governmental Ownership Liability Under Cercla, Kiersten E. Holms
Washington and Lee Law Review
Part II of this Note begins by providing a brief overview of the background and goals of CERCLA. Part II also provides an examination of the issue of ownership liability under CERCLA and recounts the federal courts’ difficulty in applying ownership liability. Part II then describes how the federal government’s “bare legal title” argument arose out of the confusion surrounding ownership liability in CERCLA litigation. Part III moves on to examine the recent trend in CERCLA litigation rejecting the federal government’s bare legal title argument, thus holding the federal government liable as an owner based on its possession of legal …
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Prosecutorial Discretion And Environmental Crime Redux: Charging Trends, Aggravating Factors, And Individual Outcome Data For 2005-2014, David M. Uhlmann
Law & Economics Working Papers
In a 2014 article entitled “Prosecutorial Discretion and Environmental Crime,” I presented empirical data developed by student researchers participating in the Environmental Crimes Project at the University of Michigan Law School. My 2014 article reported that 96 percent of defendants investigated by the United States Environmental Protection Agency and charged with federal environmental crimes from 2005 through 2010 engaged in conduct that involved at least one of the aggravating factors identified in my previous scholarship, namely significant harm, deceptive or misleading conduct, operating outside the regulatory system, and repetitive violations. On that basis, I concluded that prosecutors charged violations that …
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Public Land & Resources Law Review
In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.
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.
States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio
States Rise To The Front Of Climate Legislation, But Can A State-Level Carbon Tax Work?, Katelyn Nicasio
Indiana Law Journal
This Note uses two recent Massachusetts carbon tax proposals to discuss the costs and benefits of such state-level climate change legislation but discusses similar regional proposals as well. Although a state carbon tax poses some limitations and concern for the increased tax burden relative to other states that have not imposed a tax, the adoption of state carbon taxes represents an important advancement in climate policy. Part I overviews legislative tactics used to combat climate change thus far, including common policy responses, and the current attitude of federal legislators toward the global climate crisis. Part II introduces the advantages and …
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)
Visibility Protection Under The Clean Air Act, Arnold W. Reitze Jr.
Visibility Protection Under The Clean Air Act, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
The Clean Air Act’s (CAAs) visibility protection program was created in 1977 and expanded in 1990. It applies to states with sources of air emissions that impact 156 Federal Class I areas, which include national parks and wilderness areas. Such states are required to develop haze implementation plans (SIPs) to control emissions in order to restore natural visibility in Class I areas. Initially, large stationary sources that began operating between 1962 and 1977 were to install the Best Available Retrofit Technology (BART) based on regulations issued by EPA. This process resulted in complex rules, litigation, and political maneuvering. Subsequently, the …