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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 ...
February 27th 2011
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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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, ...
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 ...
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 ...
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 ...
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) ...
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 ...
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 ...
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 ...
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 ...
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 ...