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CERCLA’s Unrecoverable Natural Resource Damages: Injuries to Cultural Resources and Services

ELQ Journal

March 3rd 2011

Sarah Peterman* [ Click Here to Comment ][ download PDF ] Introduction Confusion over what damages are recoverable as natural resource damages (NRD) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and other federal statutes abounds, giving credence to the oft-repeated phrase that “CERCLA is not ...

7th Annual EJ Symposium — Hungry for Justice: Growing an Equitable Food System

ELQ Journal

February 27th 2011

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A National Injustice: The Federal Government’s Systematic Removal and Eradication of an American Icon

ELQ Journal

February 17th 2011

Bruce Wagman[*] & Lisa McCurdy[**] [ Click Here to Comment ] [ download PDF ] Brutal captures and deaths of American wild horses are occurring on the range. This is not a fictional western gone bad but federal policy. The government tries to justify this cruelty with junk science and ...

Student Review of Selected Panels at the Thelton E. Henderson Center for Social Justice 2010 Symposium “Empowered Partnerships: Participatory Action Research for Environmental Justice”

ELQ Journal

January 21st 2011

Anna Lund, Michelle Ben-David, and Ubaldo Fernandez* [ Click Here to Comment ][ download PDF ]  The following articles are student responses and observations of a selected few panels at Berkeley Law’s 2010 Symposium “Empowered Partnerships: Participatory Action Research for Environmental Justice” hosted by the Thelton E. Henderson Center for ...

BP’s Well Evaded Environmental Review: Categorical Exclusion Policy Remains Unchanged

ELQ Journal

November 3rd 2010

Jaclyn Lopez* [ Clck Here to Comment ][ download PDF ] Introduction Sea snot, tar balls, and designated oiled carcass holding locations are just a few of the many appalling and lingering consequences of the failure of BP’s Macondo well in the deep waters of the Gulf of Mexico. The ...

Preliminary Injunctive Relief in the Ninth Circuit after Winter v. Natural Resources Defense Council

ELQ Journal

October 12th 2010

Susan Jane Brown* & Rachel Fazio** [ Click Here to Comment ][ download PDF ] <<< See Update, January 25, 2011, Below >>> Introduction On November 12, 2008, the U.S. Supreme Court issued a ruling on Winter v. Natural Resources Defense Council (Winter).[1] The Winter case originated in March of ...

Promoting the Urban Homestead: Reform of Local Land Use Laws to Allow Microlivestock on Residential Lots

ELQ Journal

September 9th 2010

Mary Wood, Jeremy Pyle, Naomi Rowden, & Katy Irwin* [ Click Here to Comment ] [ download PDF ] Introduction Over the past several decades, Americans have divorced themselves from the ages-old endeavor of growing and harvesting their own food. During this era, the food system has undergone a radical ...

Whale of an Opportunity: Coast Guard Study of Los Angeles/Long Beach Port Access Routes Holds Great Potential for Reducing Ship Strikes within Santa Barbara Channel

ELQ Journal

August 17th 2010

Brian P. Segee* [ Click Here to Comment ] [ download PDF ] Introduction As global whale populations slowly recover from historic hunting that brought numerous species to the brink of extinction, the increasing number of whales killed by collisions with ships threatens to slow or even reverse this recovery ...

Implementing SB 375: Promises and Pitfalls

ELQ Journal

June 9th 2010

Heather Haney* [ Click Here to Comment ][ download PDF ] Introduction On September 30, 2008, California passed the Sustainable Communities and Climate Protection Act, or SB 375. The legislation was the first in the country to link land use, transportation, and housing planning with global warming. The nation’s attention ...

Lessons Already Learned: An Analysis of Waxman-Markey under Current WTO Case Law

ELQ Journal

May 19th 2010

Gregory E. Wannier* [ Clck Here to Comment ][ download PDF ] Introduction In 2009, the House of Representatives, responding to rising concerns over anthropogenic contributions to climate change, passed the first major piece of climate legislation in U.S. history.[1] This bill, the “American Clean Energy and Security Act of ...

Student Review of Selected Panels at the Berkeley Law 2010 Environmental Justice Symposium

ELQ Journal

April 24th 2010

Kara Cook, Maria Stamas, and Meredith Wilensky* [ Clck Here to Comment ][ download PDF ]    The Role of the Environmental Justice Lawyer PANELISTS: Kara Brodfehrer, Attorney, California Rural Legal Assistance, Inc.;Alegria De La Cruz, Directing Attorney, Center on Race, Poverty, and the Environment;Helen Kang, Director, Golden Gate University, ...

A New Dawn for the Sacramento-San Joaquin Delta? Assessing the 2009 California Delta/Water Legislation

ELQ Journal

March 19th 2010

Richard M. Frank* [ Click Here to Comment ][ download PDF ] Introduction The California legislature’s major, substantive achievement of 2009 was the passage of a five-bill package designed to address the multiple ills that have befallen the California Delta[1] and compromised statewide water policy. The bills were signed into ...

Levine v. Vilsack: When “Likely” Actually Means “Definitely”

ELQ Journal

March 8th 2010

Bruce Wagman & Lisa McCurdy* [ Click Here to Comment! ] [ download PDF ] Sometimes procedural rulings allow courts to avoid important decisions that would otherwise make social and ethical declarations about the duality of American values with respect to animals. Stark evidence of that comes with the recent ...

Avoiding Carbon Myopia: Three Considerations for Policy Makers Concerning Manmade Carbon Dioxide

ELQ Journal

February 28th 2010

Willie Soon* and David R. Legates** [ Click Here to Comment ][ download PDF ] Towards a Global Carbon Regulatory Trading Scheme In December 2009, lawmakers and representatives from around the world, along with scientists, numerous journalists, and various celebrities flew to Copenhagen, Denmark. For the most part, their goal ...

Is It Really a Huge Mistake? Choosing Between Carbon Fees and Cap-and-Trade

ELQ Journal

December 28th 2009

A Commentary on “The Huge Mistake – Climate Change Solutions 2009” Juan Arturo Iluminado C. de Castro* [ jump to end/comments ][ download PDF ] In the video, “The Huge Mistake – Climate Change Solutions 2009,”[1] Laurie Williams and Allan Zabel (two highly experienced attorneys from the Environmental Protection Agency) ...

Harnessing the Potential of the Clean Water Act to Address Ocean Acidification

ELQ Journal

December 5th 2009

Miyoko Sakashita* [ jump to end/comments ][ download PDF ] In the halls of Congress and at the climate conference in Copenhagen, the question of how we can agree to reduce greenhouse gas pollution looms large. Under the sea’s surface, the question is whether the carbon dioxide (CO2) reductions will ...

Student Review of Selected Panels at the California State Bar’s 2009 Environmental Law Conference at Yosemite

ELQ Journal

December 1st 2009

    Jessica Intrator, Lala Wu, Holly Wagenet, Sarah Barker-Ball, Camille Pannu, & Emily Jeffers* [ jump to end/comments ][ download PDF ] Weed in the Wild: Environmental Consequences of Marijuana Cultivation on Public LandsSpeaker: Chief Ranger Steve Shackelton, Yosemite National Park Yosemite Chief Ranger Steve Shackelton has a lot ...

Colorado, Centennial State at the Headwaters*

ELQ Journal

September 8th 2009

Justice Greg Hobbs, Colorado Supreme Court** [ jump to end/comments ][ download PDF ] Circumference We gather here to learn and celebrate, to greet dear friends and meet new ones, to recognize those among us who have gained our admiration for the circumference of their views and the bounty of ...

A Framework for Energy Independence via Solar Hosting Farms

ELQ Journal

August 12th 2009

Raymond Marshall* [ jump to end/comments ][ download PDF ] Introduction Imagine for a moment that you live in an apartment building, rent commercial space in a shopping center, lease office space in a building, own a house in a densely wooded area, or manage a government agency in a ...

Fishing for Justice or Just Fishing?

ELQ Journal

August 12th 2009

Fraser M. Shilling* [ jump to end/comments ][ download PDF ] California is not unique among states by virtue of having both a sizable urban fishing population and environmental pollution leading to fish contamination. Nor is it alone when it comes to having both highly diverse communities actively engaged in ...

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