Law Commons^™

Environmental Tax Incentives: What The United States Can Learn From The Netherlands And Japan, Kali Waller

Golden Gate University Environmental Law Journal

This Comment explores policy developments in the United States, Netherlands, and Japan, and identifies elements possessed by the most successful environmental tax schemes: simplicity, cost-effectiveness, and culture-specificity. These countries offer a diverse view of Western and Eastern culture and tax paradigms. Each country has a distinct way of managing taxes while implementing programs that encourage environmental reform. Additionally, the culture in each country is unique, making tax implementations and management particular to each.

In Part II, this Comment addresses the historical development of Green Building and Energy efficiency globally and in the United States, the Netherlands, and Japan. Part III …

Taming The West: Senate Bill 4 And California's Struggle To Regulate Fracking, Justin Hedemark

Golden Gate University Environmental Law Journal

This Comment begins with a history of fracking, the current impact of the practice, and why it has become such a highly contested issue. It will explain how fracking is being done in California and present the current landscape of federal and state regulations. Specifically, California fracking regulations are currently in a state of flux due to the recent enactment of California State Senate Bill 4 ("SB 4"). The Argument section of this Comment posits that SB 4 may have some beneficial effects regarding increased environmental protection and regulatory oversight, but there remain weak spots in the current regulations that …

An Unfulfilled Promise: How National Security Deference Erodes Environmental Justice, Mccall Baugh

Golden Gate University Environmental Law Journal

This Comment focuses on two main issues: environmental justice's procedural limitations following Alexander v. Sandoval, and the loopholes within existing environmental legislation as they apply to military activities. In this respect, Richard Armour's famous idiom "hindsight is 20/20" is telling. As long as the military has carte blanche to ignore environmental laws, environmental justice will continue to remain a legal mirage beholden to the government's pecking order of judicial deference. Vague notions of national security and deference to the military wrinkle the fabric of environmental laws that are intended to create safe and healthy communities. Legislators must close loopholes …

Creating Middle Harbor Shoreline Park, Jim Mcgrath

Golden Gate University Environmental Law Journal

This Article is a remembrance of the collaborative planning efforts that led to the creation of Middle Harbor Shoreline Park in Oakland.7 As the Article proceeds, it will shift between a third-person account and a first-person narrative recorded by the author, who served as manager of the Port of Oakland's Environmental Department and led the planning efforts that resulted in the creation of Middle Harbor Shoreline Park. The author believes that to tell the story of the park's creation, it is necessary to explain the controversies that surrounded its creation and to discuss the values and techniques that led to …

The M/V Cosco Busan Oil Spill: Turning The Tide - A Model Of Successful Collaboration, Lgnacia S. Moreno, Bradley R. O'Brien

Golden Gate University Environmental Law Journal

There are numerous federal and state statutes that allow for the recovery of natural-resource damages and other relief in the event of an oil spill. This Article provides a practical overview of the federal laws that were utilized in the aftermath of the M/V Cosco Busan Oil Spill; discusses the natural resource injury and damage evaluation; and describes how the settlement funded projects that restore, rehabilitate, or replace natural resources injured, destroyed, or lost as a result of the Oil Spill.

Environmental Resistance: Defying Capitalism's Structure Of False Rebellion, Laura A. Cisneros

Golden Gate University Environmental Law Journal

This Article analyzes a collection of landmark environmental protection laws and mainstream ecological strategies to point out their concessions to the overarching capitalist paradigm and to begin thinking about resistance as a distinctive experience that has the ability to move environmentalism beyond the constraints currently imposed on it by capitalist structures, language, and psychology. Part II examines the theories of and arguments for market-based environmental protection strategies, concluding with a critique of those strategies. Part III explores the false antinomy between capitalism and environmentalism as it is currently expressed within United States environmental law. Part IV discusses how the false …

In This Volume, Owen P. Stephens

Golden Gate University Environmental Law Journal

No abstract provided.

Volume 8, No. 1 Table Of Contents

Golden Gate University Environmental Law Journal

No abstract provided.

Volume 8, No. 1 Masthead

Golden Gate University Environmental Law Journal

No abstract provided.