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Full-Text Articles in Law
Vertical Consistency In The Climate Change Context, Susan M. Bradford
Vertical Consistency In The Climate Change Context, Susan M. Bradford
Golden Gate University Environmental Law Journal
This paper explores the role of general plan consistency in the context of climate change. As California’s statewide response to global warming continues to evolve, new statutory and regulatory requirements are changing the scope of local land use planning, both directly and indirectly. The San Diego case provides one example of how this changing legal framework has led to new kinds of land use conflicts over competing strategies for climate mitigation. The growing imperative for local governments to rethink land uses in response to climate change could signal a larger role for general plan consistency as a lever for enforcing …
Greenhouse Gas Regulation And Border Tax Adjustments: The Carrot And The Stick, M. Benjamin Eichenberg
Greenhouse Gas Regulation And Border Tax Adjustments: The Carrot And The Stick, M. Benjamin Eichenberg
Golden Gate University Environmental Law Journal
Global climate change due to the emission of anthropogenic, or manmade, greenhouse gases (GHGs) has the most widely dispersed costs of any transboundary environmental problem that the international community has yet faced. In other words, it is a global public problem and thus provides few incentives for unilateral or individual mitigation. This makes finding solutions difficult because international coalitions must face the problem of free-riders who benefit from reduced GHG concentrations at zero cost—those who make the economically rational decision to let others reduce atmospheric GHG concentrations while they continue to build GHG-intensive economies. Three of the primary complaints raised …
Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn
Climate Change And The Public Trust Doctrine: Using An Ancient Doctrine To Adapt To Rising Sea Levels In San Francisco Bay, Tim Eichenberg, Sean Bothwell, Darcy Vaughn
Golden Gate University Environmental Law Journal
The predicament faced in San Francisco Bay is confronted in bays and estuaries throughout the nation. Using BCDC as a case study, this Article examines the threats posed by climate change to San Francisco Bay, the relationship between the public trust doctrine and the Takings Clause, and how the public trust doctrine can help public agencies address the impacts of climate change and sea level rise by: enhancing limited permit authority; requiring fees to mitigate the impacts of climate change; addressing the impacts of shoreline armoring; utilizing rolling easements and other legal mechanisms; protecting wetlands, marshes, and salt ponds; implementing …