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A Perfect Storm for Michigan’s Renewable Portfolio Standard?

ELQ Journal

November 4th 2015

Sarah Stellberg Sarah Stellberg is a 3L at the University of Michigan Law School, where she is Editor-in-Chief of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. In his ...

A Leading Cause of Everything: One Industry That Is Destroying Our Planet and Our Ability to Thrive on It

ELQ Journal

October 30th 2015

Christopher Hyner Christopher Hyner is a 3L at Georgetown University Law Center, where he is a Managing Editor for the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. Click here to see the original post and leave a comment. Climate change. Ocean dead zones. Fisheries depletion. Species extinction. Deforestation. World hunger. ...

Enhancing biodiversity on working agricultural lands through environmental mitigation and offsets: Opportunities in Australia and the United States

ELQ Journal

October 18th 2015

Matthew Roach* [ Click Here to Comment ][ Download PDF ] Australian agencies have extensive experience managing working agricultural lands to enhance biodiversity. State and Commonwealth agencies are increasingly using environmental offsets as a tool to manage the impacts of development. However, working agricultural lands are generally not considered a ...

Applying Stakeholder Theory to Utility Regulation

ELQ Journal

January 26th 2015

Inara Scott* [ Click Here to Comment ][  Download PDF ] Many in the energy sector have called for a transformation of the traditional utility model to accommodate developments in distributed generation, address declining utility financial returns, and facilitate a transition to a low-carbon future.[1] These proponents envision this transformation ...

Preservation Is a Flawed Mitigation Strategy

ELQ Journal

January 16th 2015

Jessica Owley* [ Click Here to Comment ][   Download PDF ]   Introduction The objective of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of the nation’s waters. To help achieve that objective, the Act limits the ability to dredge or fill a ...

Celebrating the Many Contributions of Joe Sax

ELQ Journal

December 5th 2014

With the passing of Joseph L. Sax this past spring, Berkeley Law and the global environmental community lost a beloved colleague, friend, mentor, and hero. At the time, we offered some words in his honor on Legal Planet. (link: https://legal-planet.org/2014/03/10/in-memoriam-joseph-l-sax-gentleman-scholar-giant-of-environmental-law/) We are very pleased to have another occasion to celebrate ...

Damages from Pesticide Spray Drift under Trespass Law

ELQ Journal

March 21st 2014

Terence J. Centner* [ Click Here to Comment ][ download PDF ] Introduction In today’s world, millions of people lack access to sufficient quantities of food to meet recommended dietary needs.[1] As the world’s population grows, global demand only increases for food and fiber.[2] These shortages are occurring despite significant ...

The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship

ELQ Journal

January 27th 2014

The Berkeley Exchange: Celebrating Berkeley’s Contribution to Environmental Law Scholarship Friday, February 7, 2014Symposium 8am-5:30pmAll-Alumni Reception 6pm-8pm [Download the Berkeley Exchange event flyer] On Friday, February 7th, Berkeley Law’s Ecology Law Quarterly and Center for Law, Energy, and the Environment are proud to host their symposium, The Berkeley Exchange: Celebrating ...

California’s Precarious Path to Climate Change Mitigation

ELQ Journal

December 6th 2013

By Penni Takade* [ Click Here to Comment ][ download PDF ] California’s ambitious cap and trade program for greenhouse gases (GHG) began operations in 2013. The program is one of the centerpieces of the state’s climate mitigation plans. As with any major initiative, there are obstacles and weaknesses that can ...

The Obsolescence of Environmental Common Law

ELQ Journal

May 9th 2013

by R. Trent Taylor* [ Click Here to Comment ] [ download PDF ] Obsolescence, the process of becoming obsolete, is a staple of our lives in the twenty-first century. As new and better technologies develop at a faster and faster pace, our existing technologies—smartphones, televisions, computers—become obsolete almost as ...

Sulfuric Acid Mist: Regulating Uncertainties

ELQ Journal

December 7th 2012

Matthew Thurlow* [ Click Here to Comment ][ download PDF ] <<< See Update, January 2, 2013, below >>> Sulfuric acid mist, also known as H2SO4 or SO3,[1] is one of the least publicized air pollutants associated with emissions from coal-fired power plants. Long overshadowed by nitrogen oxides, sulfur dioxide, ...

Geographic Indications as a Tool to Promote Sustainability? Café de Colombia and Tequila Compared

ELQ Journal

October 29th 2012

Jennifer Barnette* [ Click Here to Comment ][ download PDF ] Geographical indications (GIs) are a type of intellectual property right associated with place-based names. GIs are used to identify products that come from certain regions and have particular characteristics that indicate the product’s quality or reputation (e.g. “Champagne,” “Roquefort”).[1] ...

Will the Wilderness Act Be Diluted in Drakes Estero?

ELQ Journal

August 27th 2012

Nell Green Nylen, Elisabeth Long, Mary Loum, Heather Welles, Dan Carlin, Brynn Cook, and Sage Adams* [ Click Here to Comment ][ download PDF ] <<< See Update 1, November 29, 2012, Below >>> <<< See Update 2, December 10, 2012, Below >>> Introduction and Background Drakes Bay Oyster Company ...

Hydraulic Fracturing and Groundwater Contamination: Can Disclosure Rules Clarify What’s In Our Groundwater?

ELQ Journal

July 31st 2012

Rachel Degenhardt* [ Click Here to Comment ][ download PDF ] Hydraulic fracturing is a process whereby chemical additives, sand, and water are pumped into underground source rocks at high pressures in order to release natural gas and oil for fuel production.[1] There are a number of potential environmental impacts ...

China’s Regulatory Response to the Looming Energy Crisis

ELQ Journal

June 20th 2012

                                                                   Yuwa Wei*                                 ...

Student Review of Selected Panels at the 2012 Water Law Symposium “Water and Growth: The Imperative for Sustainable Approaches to Uncertainty”

ELQ Journal

March 22nd 2012

[ Click Here to Comment ][ download PDF ]   Click here for videos of all sessions or on each session for its video. All review authors attended the 2012 Water Law Symposium hosted at the University of California, Berkeley, School of Law on January 21, 2012. The panel reviews ...

Aviation and Emissions Trading in the European Union: Pie in the Sky or Compatible with International Law?

ELQ Journal

February 15th 2012

Stephanie Switzer* [ Click Here to Comment ][ download PDF ] In 2003, the then European Community[1] adopted Directive 2003/87/EC, establishing a scheme for trading allowances of greenhouse gas (GHG) emissions.[2] Directive 2003/87/EC mandated the establishment of an emissions trading scheme (ETS) within the European Community “to promote reductions of ...

Seawater Desalination: Climate Change Adaptation Strategy or Contributor?

ELQ Journal

December 4th 2011

Angela Haren Kelley* [ Click Here to Comment ][ download PDF ] While droughts and water supply challenges have plagued California for decades, climate change will increase the strain on California’s water management system.[1] Seawater desalination—the process of removing salt and other minerals from seawater—is often hailed as the solution ...

Clean Water Act Liability for Stormwater Discharge Regardless of Who Muddied the Waters

ELQ Journal

July 19th 2011

Yana Welinder[*] [ Click Here to Comment ][ download PDF ] Introduction Regulating pollution from stormwater that flows over structures and paved surfaces, collecting waste and sediments and ultimately spilling into rivers and oceans, can be a true “administrative nightmare.”[1] However, on March 10, 2011, the Ninth Circuit clarified that, ...

Acceptability of the Deschutes Groundwater Mitigation Program

ELQ Journal

June 7th 2011

Eva Lieberherr* [ Click Here to Comment ][ download PDF ] “We can’t create water or increase the supply. We can only hold back and redistribute what there is.”[1] In the last decade, the Deschutes River Basin in Central Oregon has faced growing urbanization, shifting water uses, and increasing ecosystem ...

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