Law Commons^™

Does Ceqa Need A Rewrite Or Just A Better Public Relations Manager?, Brian Gillis

GGU Law Review Blog

I’ve recently been tempted to blame my existential climate-change-induced dread on a 50-year-old environmental law that may be exacerbating California’s contributions to the climate crisis. The impacts of climate change are here and will only grow more severe. I’m angry, and I am scared for the future because we aren’t doing nearly enough to mitigate the worst impacts of climate change. The climate action pledges taken by many countries are insufficient, and we aren’t even on track to meet these pledges. The calls-to-action are all about urgency: “we need to act yesterday to avoid a climate catastrophe.” So, an environmental …

Fast Fashion: A Price The Planet Has To Pay, Abby Gager

Environmental Law Journal blog

With fashion trends rapidly changing, the fashion industry is placed under pressure to produce new styles quickly and for a cheap price. Although consumers enjoy having the latest trends at their fingertips with the convenience of online shopping, the rise of fast fashion will have a long-lasting detrimental impact on the environment. Fashion is considered “fast” for a variety of reasons; the constant change in trends is fast, the rate of production is fast, the consumer’s decision and methods of buying are fast, delivery is fast, and articles of clothing are worn fast before they are tossed and to never …

Climate Change And Social Vulnerability In The United States A Focus On Six Impacts, Us Environmental Protection Agency

Federal Documents

Climate change affects all Americans—regardless of socioeconomic status—and many impacts are projected to worsen as temperatures and sea levels continue to rise, snow and rainfall patterns shift, and some extreme weather events become more common. A growing body of literature focuses on the disproportionate and unequal risks that climate change is projected to have on communities that are least able to anticipate, cope with, and recover from adverse impacts. Many studies have discussed climate change impacts on socially vulnerable populations, but few have quantified disproportionate risks to socially vulnerable groups across multiple impacts and levels of global warming.

This report …

The Future Of The Safe Rule And Achieving More Climate-Friendly Cafe Regulations, Maximo Lacerca-Desrosiers

Golden Gate University Environmental Law Journal

On April 30, 2020, the Environmental Protection Agency (“EPA”) and the National Highway Traffic Safety Administration (“NHTSA”) issued a final rule called the “Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021-2026 Passenger and Light Trucks” (“SAFE Rule”) to amend the Corporate Average Fuel Economy (“CAFE”) ratings. CAFE standards are regulations first enacted nearly fifty years ago to promote greater fuel efficiency in car manufacturing through a system of incentives and penalties. While the CAFE standards have been revised many times over the years, the SAFE Rule rolled back the more stringent 2012 CAFE standards that sought to align fuel …

Trade And Environment In Nafta’S Replacement: An Old Gas Guzzler Gets A Paint Job, Geoffrey Garver

Golden Gate University Environmental Law Journal

The North American Free Trade Agreement (NAFTA)2 is now history, and, depending on where you are, as of July 1, 2020, the Canada- United States-Mexico Agreement (CUSMA) in Canada, the United- States-Mexico-Canada (USMCA) in the United States, or the Tratado entre M´exico, Estados Unidos y Canad´a (T-MEC) is in force. The renegotiation of NAFTA fulfilled candidate Donald Trump’s promise to scrap or renegotiate NAFTA in order to protect and restore United States jobs and industrial capacity and increase economic growth, themes that consistently helped define his trade agenda politically as President. But what about the environment? When NAFTA was finalized …

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 …

The 2020-21 Budget: Climate Change Proposals, Legislative Analyst's Office

California Agencies

In this report, we assess the Governor’s major 2020-21 budget proposals related to climate change. The four proposals we evaluate are:

• Cap-and-Trade Expenditure Plan ($965 Million). The budget includes a $965 million (Greenhouse Gas Reduction Fund [GGRF]) discretionary cap-and-trade expenditure plan. Funding would mostly go to a variety of existing environmental programs, including programs related to low carbon transportation, local air quality improvements, and forestry.

• Expanded Climate Adaptation Research and Technical Assistance ($25 Million). As part of the cap-and-trade expenditure plan, the Governor proposes $25 million (GGRF) ongoing for several new and expanded climate adaptation research and technical …

Sea Level Rise And Storm Surge Projections For The National Park Service, M. A., R. L. Beavers Caffrey, C. H. Hoffman

Federal Documents

Over one quarter of the units of the National Park System occur along ocean coastlines. Ongoing changes in relative sea levels and the potential for increasing storm surges due to anthropogenic climate change and other factors present challenges to national park managers. This report summarizes work done by the University of Colorado in partnership with the National Park Service (NPS) to provide sea level rise and storm surge projections to coastal area national parks using information from the United Nations Intergovernmental Panel on Climate Change (IPCC) and storm surge scenarios from National Oceanic and Atmospheric Administration (NOAA) models. This research …

Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos

Golden Gate University Environmental Law Journal

Over the last ten years, two separate water management planning efforts in California—integrated regional water management and climate change planning—have come together in a way that provides similar lessons to help different interests find common ground for water management solutions. This planning synthesis has resulted in a significant change in the way California now addresses issues of water management.

After a brief background discussion (Part II), Part III of this Article examines the history of the merger of these two initiatives. Part IV explores an approach for water management based on the experience gained from this history. This approach is …

A Flaw In California's Cap-And-Trade Plan, Alan Ramo, Janet Redman

Publications

California has made clear its intention to reduce greenhouse gas emissions. But is it taking the right steps to do so? The state has set a goal of returning to 1990 emissions levels by 2020. It has adopted renewable energy standards, driven the national trend in controlling automobile emissions and instituted a cap-and-trade program aimed at curbing climate pollution from power plants, refineries and other "stationary sources" of emissions. But a low-profile bill scheduled for consideration by the Legislature next year has exposed that, at least as far as its cap-and-trade program is concerned, California may be off-track. As it …

Lawyers Write Treaties, Engineers Build Dikes, Gods Of Weather Ignore Both: Making Transboundary Waters Agreements Relevant, Flexible, And Resilient In A Time Of Global Climate Chanage, Glen Hearns, Richard Kyle Paisley

Golden Gate University Environmental Law Journal

This Article identifies and critically reviews the importance of adaptability and flexibility in treaties and institutional arrangements by providing resilience in the face of the anticipated impact of climate change on the good governance of international waters. Building greater resilience and adaptability into international waters agreements is essential to address the uncertainties in hydrological and ocean processes associated with climate change. There is also growing consensus that conflict over natural resources can be linked to extreme events and climate change, and this is receiving increased attention in foreign policy development. Surface water resources are especially vulnerable to the anticipated consequences …

From Dirty To Green: Increasing Energy Efficiency And Renewable Energy In Environmental Justice Communities, Deborah N. Behles

Publications

The stifling summer heat that raged across the nation was difficult for everyone, but one group had a more difficult time than others—those who could not afford to cool their homes. Disparities like these will likely only get worse. Poor communities of color that are already vulnerable and disproportionately impacted by pollution will shoulder a larger burden of climate change impacts. These neighborhoods, often called environmental justice communities, have fewer resources to adapt to the effects of climate change. More measures should be taken to increase the development of renewable energy and energy efficiency in environmental justice communities before the …

Recognizing The Link Among Climate Change, Food, And Poverty, Helen H. Kang

Publications

The United States must begin to meet in earnest the challenges that climate change poses to adequate nutrition for the poor and the hungry. Climate change is profoundly affecting agriculture and is expected to continue to do so, resulting in sometimes-sharp food-price fluctuations to which our government at all levels is unprepared to respond. While those with resources may be able to cope with price volatility, those who are already undernourished are less able without government programs nimbly responding to fluctuations in food prices. Compounding the problem for U.S. households, the predicted cost increases of other necessities such as energy …

A Renewable Future: Jerry Brown's Environmental Agenda, Clifford Rechtschaffen, Ken Alex

Publications

The Environmental Law Section was honored to welcome Cliff Rechtschaffen and Ken Alex, two prominent Senior Advisors to Governor Jerry Brown, as its featured speakers for the first plenary session at the 2011 Environmental Law Conference at Yosemite® last October. Messrs. Rechtschaffen and Alex led a lively discussion of energy and environmental issues in the Brown administration, which touched on topics ranging from the Governor's agenda for addressing climate change to the Office of Planning and Research's approaches to CEQA to the administration's vision for a California with 50 million people, among others. They have adapted the following article from …

Future Force Sustainability: Department Of Defense And Energy Efficiency In A Changing Climate, Laura Horton

Golden Gate University Environmental Law Journal

Part I of this discussion will begin with background information on the United States military’s contribution to GHG emissions and climate change. It will also look at some examples of exemptions the military has received from federal environmental laws, particularly during times of conflict. Next, it will focus on energy efficiency standards and exemptions, some of which the military has stated it will comply with voluntarily. Part II of this discussion will then survey some of the ways the military has begun to meet energy efficiency standards, including renewable fuel programs and solar installations. That Part will look at these …

Kyoto's So-Called "Fatal Flaws": A Potential Springboard For Domestic Greenhouse Gas Regulation, Denee A. Diluigi

Golden Gate University Law Review

This Comment discusses the United States' capability to initiate a new domestic program to confront climate change in the wake of the current political stance on environmental issues. Additionally, this Comment proposes a program premised on market-based incentives that will serve as a compromise between industry and the environment to ensure that the United States takes affirmative action to reduce and limit domestic GHG emissions. Section II of this comment discusses the various factors that contribute to the scientific phenomenon of global warming. It also addresses the scientific community's divergent positions with respect to the causes of global warming and …

Ratification Resisted: Understanding America's Response To The Convention On Biological Diversity, 1989-2002, Robert F. Blomquist

Golden Gate University Law Review

This Article undertakes a broad, synoptic evaluation of America's complex response to the Convention. It paints an intricate picture of American legal and policy initiatives, on multiple levels, for enhanced domestic and international protection of biodiversity juxtaposed with concomitant legal and policy footdragging. Part I limns, in bold lines, the basic structure of the matter: initially it provides a brief overview of the genesis and contents of the CBD; then,' it sketches a chronological synopsis of America's formal and informal response to the CBD. Part II adds some detailed brushwork: it attempts to deepen understanding of the various tensions, concerns, …

U.S. Climate Change Policy Under G.W. Bush, Armin Rosencranz

Golden Gate University Law Review

In this short article, I review the development of U.S. climate change and energy policy under President George W. Bush, describe various executive branch initiatives to address the issue of global climate change, and assess the prospects for progressive U.S. action to address climate change over the remainder of the Bush Presidency. This is a short article because the repudiation of Kyoto speaks for itself and the domestic initiatives that could arguably influence greenhouse gas abatement seem extraordinarily modest in scope and cost.

U.S. Climate Change Policy Under President Clinton: A Look Back, Amy Royden

Golden Gate University Law Review

This article describes the evolution of the Clinton Administration's policy on climate change and point to factors that influenced its deliberations. It focuses on the U.S. positions in international negotiations, international reaction to these positions, and domestic policies and politics that influenced these positions. More detailed analyses of certain issues - such as full descriptions of all the climate change-related activities undertaken by the federal government, both abroad and at home - are beyond the scope of this article.

Consensus Among Many Voices: Articulating The European Union's Position On Climate Change, Nuno S. Lacasta, Suraje Dessai, Eva Powroslo

Golden Gate University Law Review

This article attempts to provide an overview of key policy elements of the European Union's climate policy since the adoption of the UNFCCC in 1992. Section II discusses the main features of the EU as an actor vis-a-vis its Member States and the international community at large. Section III identifies the key actors at play in the EU context; Section IV analyzes the EU's track record on domestic policies and measures. Section V, in turn, debates selected key topics in the international climate change negotiations from a EU perspective. Finally, section VI debates the prospects of continued international EU leadership …

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 Adaptation Policy At The Continental Level: Natural Resources In North America And Europe, Paul Stanton Kibel

Publications

This article assesses the extent to which the concepts of climate proofing and climate policy coherence have found expression in continental natural resource regimes established in North America and Europe. The article first examines the recognition of these concepts within three North American crossborder regimes directly impacted by climate change: the Waters Treaty between Mexico and the United States; the Pacific Salmon Treaty between Canada and the United States; and the North American Waterfowl Management Plan between Canada, Mexico and the United States. Next it considers the extent to which these concepts are reflected in recent European initiatives related to …

Pursuing Environmental Justice: Obstacles And Opportunities - Lessons From The Field, Helen H. Kang

Publications

This article argues that the clinic‘s clients and similarly situated grassroots groups pursue litigation because the laws do not adequately protect them from pollution at the neighborhood level. Environmental lawsuits filed by such groups result from the conclusion that there is "too much" pollution in the neighborhood—there is elevated background pollution, violations of environmental laws contribute to excess pollution, and litigation is one of the few ways to redress the distributive injustice resulting from pollution created by multiple sources.

The Greenhouse Effect And Global Climate Change: Doing Something About The Weather, Senate Office Of Research

California Senate

No abstract provided.