Law Commons^™

Farallon Poison Paradox: The U.S. Fish And Wildlife Service's Attempt At Saving One Species While Subjecting Others To Probable Death, Vadim Sidelnikov

Golden Gate University Environmental Law Journal

This Comment examines the failure of the U.S. Environmental Protection Agency (“EPA”) to adequately protect this country’s unique wildlife from highly toxic rodenticides like brodifacoum, and particularly the EPA’s broad exemption for the FWS’s use of brodifacoum in island conservation. Part II explains the problem of non-native mice at the Farallon National Wildlife Refuge and the FWS’s proposed plan to eradicate the mice. Additionally, this Part describes the federal legal framework that governs pesticide application and use within the United States.

Part III evaluates the EPA’s narrow scope in determining to reregister brodifacoum, focusing on the EPA’s decision to allow …

Green Beer: Incentivizing Sustainability In California's Brewing Industry, Timothy R. Sloane

Golden Gate University Environmental Law Journal

Part II of this Article examines the role of alcoholic beverages in human history, paying special attention to alcohol as a motivating factor in large-scale social change. Part III examines the prominence of California’s unique brewing industry and the economic and social ubiquity of Californian beer. As discussed in Parts IV and V, that ubiquity and prominence, as well as California’s historical leadership on environmental issues, make the state an ideal testing ground for sustainable brewing legislation. After an examination of California’s energy use in producing beer, Parts VI and VII break down the brewing process and explain a selection …

A Wolf In Sheep's Clothing: The Plastics Industry's "Public Interest" Role In Legislation And Litigation Of Plastic Bag Laws In California, Jennie R. Romer, Shanna Foley

Golden Gate University Environmental Law Journal

In recent years, single-use plastic bag reduction ordinances have emerged as a lasting icon for the environmental movement. Despite fierce resistance from the plastics industry, premised primarily on the argument that such ordinances could potentially have harmful effects on the environment, the momentum to pass these ordinances remains strong. The plastics industry has spent millions lobbying against local ordinances and for statewide preemption of local ordinances, engaged in epic public relations campaigns, and sued or threatened to sue virtually every California municipality that has recently taken steps to adopt a plastic bag ordinance. Plastic bag manufacturers also sued a reusable …

Siting Offshore Hydrokinetic Energy Projects: A Comparative Look At Wave Energy Regulation In The Pacific Northwest, Rachael Salcido

Golden Gate University Environmental Law Journal

This Article considers the approaches that Oregon, California, and Washington have taken to address the need for additional renewable energy while also undertaking a shift to comprehensive ocean management. Discussion of offshore federalism, a component of the opportunities and challenges of this nascent industry, is highlighted at various points. The Memoranda of Understanding that these coastal states have entered into with the Federal Energy Regulatory Commission have been central to facilitating hydrokinetic energy development. While each state has taken a slightly different approach to folding wave energy into its alternative energy and marine management agendas, the progress made is encouraging …

The Promise Of Wave Energy, Laura Koch

Golden Gate University Environmental Law Journal

Part I is an overview of wave energy and the reasons we should be pursuing its sustainable development. Part II provides background on the legal framework for offshore energy and coastal protection. Part III addresses jurisdictional and regulatory issues. It begins with an explanation of the statutory basis for regulatory authority over wave energy and the jurisdictional dispute between two federal agencies. It then explores in detail the regulatory scheme of the Federal Energy Regulatory Commission (FERC), which stands in contrast to the coordinated, well-planned approach required for sustainable wave energy development. Part IV then argues that although FERC’s approach …

The Old And The New: Evaluating Existing And Proposed Dams In California, Jonas Minton

Golden Gate University Environmental Law Journal

This article suggests criteria for determining when existing dams should be removed and for evaluating proposals for new dams. Section II offers a historical overview of dam building in California. Section III discusses current issues concerning evaluation of removal, repair, and expansion proposals for existing dams in the state. Section IV outlines issues, including funding and impacts, related to recent proposals for the construction of additional dams and reservoirs.

An Environmental Remedy To Paralyzed Negotiations For A Multilateral Foreign Direct Investment Agreement, Benjamin Martin

Golden Gate University Environmental Law Journal

Section I of this comment defines FDI and outlines the environmental implications on capital-receiving nations. Section II discusses bilateral investment treaties’ (BITs’) potential contributions to comprehensive multilateral investment system and surveys failed negotiation attempts for a global set of investment rules. Section III expounds the framework outlined in this introduction, with section IV dedicated to explaining parties’ incentives to enter into this mode of negotiations.

Warren County's Legacy For Federal And State Environmental Impact Assessment Laws, Anhthu Hoang

Golden Gate University Environmental Law Journal

The first part of this article discusses the modern environmental-quality review process at the federal and state levels, starting with a summary of the National Environmental Policy Act and then California’s and New York’s approaches. This is followed by a brief discussion of how each entity addresses environmental justice. The second part describes one community’s difficulties in meeting the required evidentiary showing to demonstrate environmental injustice.