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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 ...

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 ...

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 ...

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 ...

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 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 ...

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 ...

Why 350? Climate Policy Must Aim to Stabilize Greenhouse Gases at the Level Necessary to Minimize the Risk of Catastrophic Outcomes

ELQ Journal

April 24th 2009

Matt Vespa * [ jump to end/comments ][ download PDF ][ download Errata ] Introduction After years of inaction, the possibility of substantive federal and international climate policy is finally in sight. With so much time already squandered, insufficient action today will foreclose the ability to prevent catastrophe tomorrow. If ...

The First One Hundred Days: Ten Things President-Elect Obama Should Do to Confront the Climate Crisis

ELQ Journal

December 21st 2008

Patrick Parenteau * [ jump to end/comments ][ download PDF ] In a recent speech, former Vice President and Nobel laureate Al Gore challenged the nation to produce 100 percent of its electricity from non-carbon sources within ten years.[1] Linking the issues of climate, energy, economy and national security, Mr. ...

Building Energy Efficiency in China

ELQ Journal

October 30th 2008

Ruidong Jin and Fan Rui * [ jump to end/comments ][ download PDF ] I. Yesterday: Was Building Energy Efficiency Needed in China? This was the question asked by Natural Resources Defense Council (NRDC) when we first entered China early in 1998. To our surprise, we found few people interested ...

Licensing the Rebirth of Nuclear Power: A Primer

ELQ Journal

April 11th 2008

Tyson Smith * [ jump to end/comments ][ download PDF ] Introduction In 2007, the nuclear industry took the first steps toward a second generation of nuclear construction in the United States. Starting with a partial application in July 2007 for a new unit in Maryland, and followed by complete ...

Resolving the Spent Fuel Issue for New Nuclear Power Plants

ELQ Journal

April 11th 2008

Fred Bosselman * [ jump to end/comments ][ download PDF ] In the United States, opponents of new nuclear power plants argue that no new plants should be built until we are prepared to bury the spent fuel from power plants in a permanent storage facility.[1] In my opinion, it ...

The Externalities of Nuclear Power:First, Assume We Have a Can Opener . . .

ELQ Journal

April 11th 2008

Karl S. Coplan * [ jump to end/comments ][ download PDF ] Introduction The nuclear power industry has latched on to global warming as an argument for its renaissance. Although even industry proponents acknowledge that the problem of disposing of spent nuclear fuel remains unsolved, the industry routinely assumes this ...

Relative Risk: Global Warming and Imported Fossil Fuels vs. Nuclear Power

ELQ Journal

April 11th 2008

California State Assemblyman Chuck DeVore * [ jump to end/comments ][ download PDF ] Understanding relative risk is at the heart of America’s current debate over a revival of nuclear power. “Nuclear power is dangerous,” say the critics. “Dangerous compared to what?” should be the reply. Commenting in early 2007, ...

Greenhouse Gas Emissions under CEQA – Costs and Opportunities

ELQ Journal

April 11th 2008

Peter V. Allen * [ jump to end/comments ][ download PDF ] The recent enactment of SB 97[1] has codified the California Attorney General’s argument that increased greenhouse gas emissions and their effects constitute an environmental impact that must be considered by a permitting agency under the California Environmental Quality ...

Would it be Unethical to Dump Radioactive Wastes in the Ocean? The Surprising Implications of the Person-Altering Consequences of Policies

ELQ Journal

April 11th 2008

Gregory Scott Crespi * [ jump to end/comments ][ download PDF ] Introduction Should we put all of our high-level radioactive wastes into ordinary steel barrels that have perhaps 200-year expected containment capabilities in salt water, and then dump them all into the depths of the Pacific Ocean and forget ...

Myths of the Nuclear Renaissance

ELQ Journal

April 11th 2008

Jim Harding * [ jump to end/comments ][ download PDF ] More than thirty years ago, my now-deceased colleague David Comey was asked to make a presentation before the annual meeting of the Atomic Industrial Forum, then the major trade association backing expansion of nuclear power worldwide.[1] He was asked ...

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