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Full-Text Articles in Law
The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light
The Deepwater Horizon Oil Spill Trust And The Gulf Coast Claims Facility: The “Superfund” Myth And The Law Of Unintended Consequences, Alfred R. Light
Golden Gate University Environmental Law Journal
Two months after the April 2010 Deepwater Horizon explosion, BP and the Obama White House announced the creation of the $20 billion Deepwater Horizon Oil Spill Trust (“the Trust”) to pay individuals and businesses suffering losses arising from the disaster. Although BP initially paid certain claimants, Kenneth R. Feinberg, a Washington lawyer who previously administered the 9/11 Compensation Fund, opened the Gulf Coast Claims Facility (“the Facility” or GCCF) in August to “independently” resolve disaster claims against BP. As publicly advertised, the Facility and the $20 billion Trust, to which it has access to pay claims, are designed to address …
Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus
Lyon's Roar, Then A Whimper: The Demise Of Broad Arranger Liability In The Ninth Circuit After The Supreme Court's Decision In Burlington Northern, Jon-Erik W. Magnus
Golden Gate University Environmental Law Journal
This Comment will examine the development of arranger liability under Ninth Circuit jurisprudence, specifically looking at the impact of Ninth Circuit‟s decision in Burlington Northern and the impact of the Supreme Court‟s reversal. Section II of this Comment will briefly examine the mechanisms for triggering CERCLA liability, specifically the definition of arranger liability under CERCLA. Next, Section III will address arranger liability in the Ninth Circuit. Specifically, this discussion will consider “direct” arranger liability considered in Cadillac Fairview/California, Inc. v. United States, which examined when transactions constitute “arrangements for disposal,” as contrasted with Burlington Northern, which expanded and applied a …
Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel
Transoceanic Trash: International And United States Strategies For The Great Pacific Garbage Patch, Susan L. Dautel
Golden Gate University Environmental Law Journal
Part II of this Comment provides an overview of the debris found in the Patch and the associated health impacts. Part III reviews the Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matters (the London Convention) with its corresponding international and U.S. laws, and then separately examines the U.S. Marine Debris Research, Prevention, and Reduction Act (MDRPRA). Part IV argues that the laws identified in Part III can be applied to provide a means to clean up the portion of the Patch affecting U.S. territory. Part V briefly surveys the United Nations Framework Convention on …
Fighting Uncertainty: Municipal Partnerships With Redevelopment Agencies Can Mitigate Uncertainty To Encourage Brownfield Redevelopment, Michael J. Minkus
Fighting Uncertainty: Municipal Partnerships With Redevelopment Agencies Can Mitigate Uncertainty To Encourage Brownfield Redevelopment, Michael J. Minkus
Golden Gate University Environmental Law Journal
Section I of this Comment surveys the brownfield problem and provides background. It notes the conflicting views of environmentalists and developers toward brownfield remediation and outlines the federal and California laws that govern cleanup of contaminated properties. Section II of this Comment examines the effect of uncertainty on liability risk and investment risk, proposing that brownfield developments be municipally led in partnership with redevelopment agencies. It also notes that municipal control of land use, eminent domain, and tax incentives make municipal public-sector leadership of brownfield projects effective. The section notes national concern over property rights, suggesting that condemnation of contaminated …
Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson
Warren County's Legacy For Mexico's Border Maquiladoras, Amelia Simpson
Golden Gate University Environmental Law Journal
This Article explores the legacy of the U.S. environmental justice movement for the U.S.-Mexico border region. Part I introduces the case of Metales y Derivados, an abandoned, U.S.-owned maquiladora factory in Tijuana, Mexico, and the community’s struggle to compel cleanup of toxic waste at the site. In the context of environmental justice, Metales y Derivados illustrates a complex intersection of histories and cultures, international trade policy, and movement building. Part II discusses how racism, a defining element of the environmental justice movement, is often minimized and even denied in Latin America, despite studies documenting its persistence. Part III examines obstacles …
Environmental Justice Comes Full Circle: Warren County Before And After, Dollie Burwell, Luke W. Cole
Environmental Justice Comes Full Circle: Warren County Before And After, Dollie Burwell, Luke W. Cole
Golden Gate University Environmental Law Journal
This article/remembrance chronicles the Warren County struggle. It begins before the protests that thrust it into the national spotlight, examining the factors that led to the struggle in the first place. It touches on the protests themselves, and then recounts part of the Warren County story that is not well known: the ultimate detoxification of the polychlorinated biphenyls (“PCBs”) site. Finally, it examines the legacy of the Warren County struggle, both nationally and locally in the county itself. In places, it self-consciously departs from the third person to describe in first person narrative (presented in the italicized portions of the …