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Articles 151 - 169 of 169
Full-Text Articles in Environmental Law
State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee
State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee
San Diego Journal of Climate & Energy Law
This Article starts in Part II by reviewing the basic anticipated design elements of federal climate legislation, then it reviews the substantial regulatory failure risks inherent in such climate change legislation. It then turns in Part III to analysis of preemption choices. The Article follows in Part IV by examining preemption jurisprudence, especially the growing risk of broad preemptive reads of federal law, and demonstrating how statutory uncertainties regarding preemption could result in subsequent interpretations substantially expanding the law's preemptive impact. ... Furthermore, as discussed in Part V, overlap and interaction of concurrent federal, state, and local climate change laws …
First Annual Climate And Energy Law Symposium: Federal Preemption Or State Prerogative: California In The Face Of National Climate Policy: An Introduction, Richard J. Lazarus
First Annual Climate And Energy Law Symposium: Federal Preemption Or State Prerogative: California In The Face Of National Climate Policy: An Introduction, Richard J. Lazarus
San Diego Journal of Climate & Energy Law
The University of San Diego School of Law's decision to create a new scholarly law journal dedicated to climate and energy issues could hardly come at a better time. ...
... The resulting debate and discussion, reflected in the following papers that the speakers produced, should be required reading for those lawmakers both in Washington, DC and in state capitals such as Sacramento, as they craft federal and state laws that seek to address this "most pressing environmental challenge."
Climate Adaptation And Federalism: Mapping The Issues, Daniel F. Farber
Climate Adaptation And Federalism: Mapping The Issues, Daniel F. Farber
San Diego Journal of Climate & Energy Law
There is a vigorous debate about the appropriate roles of the state and federal governments in reducing greenhouse gases and mitigating climate change. ...
...
This Article is a first step in mapping this new terrain. Part I provides a short introduction to climate adaptation. The United States will face significant climate impacts in the next few decades, and governmental responses will be required. Part II discusses the role of the federal government in setting adaptation standards, while Part III analyzes the appropriateness of state versus federal funding for adaptation. States are likely to play the leading role in funding …
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh
San Diego International Law Journal
Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of the U.S. government, …
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon
San Diego International Law Journal
In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …
Sand Mining In Baja And Alta California, Harold Magistrale
Sand Mining In Baja And Alta California, Harold Magistrale
San Diego International Law Journal
This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.
Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen
Marine Ecosystem Management & (And) A Post-Sovereign Transboundary Governance, Bradley Karkkainen
San Diego International Law Journal
This paper argues that for purposes of managing transboundary environment problems in general, and marine ecosystems in particular, the role of international law as traditionally understood is somewhat overrated. Binding international legal obligations owed by states to other states often turn out to be a good deal less important in environmental problem solving than is commonly supposed by many international lawyers, legal scholars, and environmental NGOs (non-governmental organizations). Specifically, this paper argues that emphasis on binding multilateral environmental agreements among sovereign states is often misplaced and possibly even counterproductive, insofar as it threatens to divert attention from more promising strategies …
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
San Diego International Law Journal
The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
San Diego International Law Journal
There are several theories why the Mexican government has refused to enforce the stringent laws enumerated in the Mexican Constitution. For example, the North American Social Dumping Theory and Mexico's desire to retain foreign direct investment from foreign countries as a source of revenue and employment. This Comment seeks to analyze and expound on these theories and to develop two additional theories that have only been discussed in passing. Part II begins with a brief look at the history of Mexican labor, including pre- and post-Revolution working conditions. Part III discusses Mexico's encouragement and protection of foreign direct investment and …
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
Towards A Solution To The Problem Of The Common Anadromous Stocks Of The North Pacific, Christian C. Polychron
San Diego International Law Journal
The problem of the common anadromous stocks of the North Pacific is currently addressed through a legal regime operating within the framework established by the UNCLOS. This legal regime operates on two distinct fronts, but the externalities and incentives that define a problem of the commons continue to exist on both fronts. On the high seas, inadequate enforcement enables vessels and nations to violate the ban against high seas salmon harvests and to externalize the costs of doing so. Within EEZs, ineffectual bi-national treaties enable nations to which salmon stocks migrate to over exploit salmon stocks that originate in other …
Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel
Regulating Foreign Vessels Under The Clean Air Act: The Case For A Permissible Administrative Interpretation, Dan Lickel
San Diego International Law Journal
This Comment will argue that the EPA may regulate the emissions of large sea-going vessels flying foreign flags that enter the territorial sea, contiguous zone, or Exclusive Economic Zone (EEZ) of the United States, under Section 213 of the CAA, notwithstanding conventional and customary Law of the Sea and other international treaties governing vessel source pollution. Part II of the comment presents background material that explains the provisions of the CAA, which mandate the EPA to regulate international shipping vessels. This section also presents the regulatory schemes developed by the IMO and the EPA. Part III evaluates whether the EPA …
Nafta & The Environmental Side Agreement: Fusing Economic Development With Ecological Responsibility, Reid A. Middleton
Nafta & The Environmental Side Agreement: Fusing Economic Development With Ecological Responsibility, Reid A. Middleton
San Diego Law Review
This Comment presents a substantive analysis of the North American Free Trade Agreement and its Environmental Side Agreement. It addresses the environmental questions surrounding the agreement and recognized the agreement's capacity to provide both economic and ecological enrichment in the U.S.- Mexican environment. The Comment analyzes the environmental criticisms of NAFTA, and illustrates why these criticisms are inaccurate. Through examination of the enforcement mechanisms of the Environmental Side Agreement, this Comment illustrates how Mexico's capacity and desire to fulfill its own environmental obligations, coupled with the necessary financing, will allow Mexico to independently put an end to decades of ecological …
The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer
The Canadian Environmental Legal Regime: A Road Map For The Foreign Investor, Roger Cotton, John S. Zimmer
San Diego Law Review
This Article provides potential foreign investors and general readers with a broad overview of the Canadian environmental legal regime. It attempts to inform investors in Canadian businesses of the relevant environmental laws in order for the investor to assure that the project in which he has invested significant time, energy, and money is in compliance with all applicable laws. The constitutional basis for environmental legislation in Canada is analyzed. Also, the principal pieces of federal and provincial legislation are canvassed in an attempt to show the wide variety of activities that are regulated. The authors also review the principal bases …
By-Products Of Prosperity: Transborder Hazardous Waste Issues Confronting The Maquiladora Industry, Victoria L. Engfer, Gilbert A. Partida, Thomas C. Vernon, Alejandro Toulet, David A. Renas
By-Products Of Prosperity: Transborder Hazardous Waste Issues Confronting The Maquiladora Industry, Victoria L. Engfer, Gilbert A. Partida, Thomas C. Vernon, Alejandro Toulet, David A. Renas
San Diego Law Review
The maquiladora program allows Mexican laborers to work in American factories operating in Mexico. This program was specifically designed to generate employment and stimulate industry in Mexico. After a brief discussion of the current status and significance of the maquiladora industry, this Article explains the procedures for the transborder shipment of hazardous waste from Mexico to the United States, a hallmark of the maquiladora program. The authors analyze these procedures in light of anticipated regulatory and economic trends in the region. The analysis includes a discussion of the issue of commingled waste, as well as how NAFTA (North American Free …
A Guide To The Environmental Legal Regime Of Singapore For Foreign Investors, Deborah L. Blum
A Guide To The Environmental Legal Regime Of Singapore For Foreign Investors, Deborah L. Blum
San Diego Law Review
This Article provides an overview of the environmental legal regime in Singapore, with an emphasis on statutes, subsidiary legislation, and policies directed to the control and protection of the environment. The discussion includes legislation and policies specifically applicable to toxic waste disposal and working conditions and examines them in the context of Singapore's economic climate and political structure. Special attention is given to the concerns of foreign investors. The Article concludes with a consideration of Singapore's more immediate environmental challenges and examines the successes of its environmental protection policies.
A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters
A Guide For Foreign Investors To Environmental Laws In The United States, Scott H. Peters
San Diego Law Review
This Article introduces, in some detail, the primary environmental rules and laws that are of special interest to potential foreign investors in the United States. The discussion includes examination of the Clean Air Act of 1988, The Federal Water Pollution and Control Act of 1972, and The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The author also discusses specific laws that may apply to foreign investors, such as the regulation of underground storage tanks and asbestos laws. The author concludes that two types of costs exist for foreign investors in the United States: the cost of compliance …
A Foreign Investor's Guide To The Environmental Legal Regime Of Hong Kong, Ferheen Mahomed
A Foreign Investor's Guide To The Environmental Legal Regime Of Hong Kong, Ferheen Mahomed
San Diego Law Review
This Article discusses the existing environmental legal regime of Hong Kong. It attempts to provide the foreign investor with a brief background to Hong Kong's political, legal, and economic structure. It also examines in some detail the four major areas of pollution control legislation in Hong Kong: air, water, noise, and waste disposal. It gives a general overview of both environmental legislation currently in force, and that which is expected to be enacted in the future. The author suggests that the increasing prominence of environmental issues in the commercial and legal fields in Hong Kong will allow for a wide …