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Golden Gate University School of Law

Environmental law

Publications

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Full-Text Articles in Law

The California Offset Game: Who Wins And Who Loses?, Alan Ramo Jan 2014

The California Offset Game: Who Wins And Who Loses?, Alan Ramo

Publications

California is implementing the most comprehensive global warming regulatory program in the United States. A key part of this program is its cap-and-trade system. Integral to the cap-and-trade requirements are provisions for offsets, whereby companies, to meet their caps, can purchase credits from certain unregulated entities whose activities are deemed to have resulted in real and additional emission reductions. California has attempted to avoid the Kyoto Protocol's project-by-project lengthy and problematic review of offsets with a performance standard approach for domestic offsets and a sector approach for international offsets. Offsets, even if done right. raise serious environmental justice questions as …


Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategies, Clifford Rechtschaffen, David L. Markell Jan 2003

Improving State Environmental Enforcement Performance Through Enhanced Government Accountability And Other Strategies, Clifford Rechtschaffen, David L. Markell

Publications

This Article discusses a number of options for EPA to strengthen state performance and bring it more in line with EPA's expectations. First, EPA must play a stricter gate-keeping function in initially authorizing state programs, and more regularly reassess and report the adequacy of state enforcement authorities and state capacity. Second, EPA must stop delivering a mixed message to the states about the enforcement practices it expects the states to follow. Instead, it must establish clear expectations for performance. Third, in terms of the substance of those expectations, EPA should revise its criteria for evaluating whether state enforcement programs work. …


The Paper Tiger Awakens: North American Environmental Law After The Cozumel Reef Case, Paul Stanton Kibel Jan 2001

The Paper Tiger Awakens: North American Environmental Law After The Cozumel Reef Case, Paul Stanton Kibel

Publications

This Article examines the citizen submission process created under the North American Agreement on Environmental Cooperation ("NAAEC"), which, along with the North American Free Trade Agreement ("NAFTA "), was adopted by Canada, Mexico, and the United States in 1993. The Article details the historical evolution of North American environmental law and diplomacy in the hundred years prior to the adoption of NAAEC. It proceeds to analyze the environmental provisions of NAAEC and the citizen submissions that have been filed since NAAEC went into effect, and undertakes an in-depth case study of the citizen submission relating to coral reefs in Cozumel, …


California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo May 1994

California Comparative Risk Project (1994). Toward The 21st Century: Planning For The Protection Of California's Environment, Alan Ramo

Publications

Participants in the California Comparative Risk Project were charged with identifying environmental threats of the greatest ecological, human health, and societal concern using the risk ranking model. However, agreeing that risk is not the only factor that should be considered, our project also examined how economics, pollution prevention, environmental justice, education, and public participation contribute to environmental decision-making. The unique inclusion of this aspect in our project was in response to a growing debate nationally and in California about the limitations of a risk-ranking model for setting environmental priorities. The findings and recommendations of the California Comparative Risk Project are …