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Ethical Convergence and the Endangered Species Act

ELQ Journal

April 25th 2016

Caitlin Troyer Busch Caitlin Troyer Busch is a 2L at Stanford Law School. This post is part of the Environmental Law Review Syndicate. Introduction The Endangered Species Act (ESA) is both lauded and criticized as one of the most powerful environmental laws ever enacted. Proponents of the law praise it ...

Adapting the Paris Agreement

ELQ Journal

April 18th 2016

Bonnie Smith Bonnie Smith is the Staff Editor at the Vermont Journal of Environmental Law. This post is part of the Environmental Law Review Syndicate. Introduction For the first time in the history of international climate negotiations, adaptation has its own article in a legal text. Even more striking is ...

It is Time for Oregon to Define its Public Trust Duties

ELQ Journal

April 10th 2016

Olivier Jamin Olivier Jamin is a 2L at Louis & Clark Law School and is the Online Journal Editor of Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction The public trust doctrine (PTD) is a concept under which states have the duty to preserve ...

Towards a Middle Path: Loss & Damage in the 2015 Paris Agreement

ELQ Journal

April 4th 2016

Maryam Al-Dabbagh Maryam Al-Dabbagh is an L.L.M student in Environment & Energy Law at New York University School of Law and is the Graduate Editor of the NYU Environmental Law Journal. This post is part of the Environmental Law Review Syndicate. Introduction In the lead-up to the Paris talks, the ...

When a Disaster Is Not a “Disaster” and Why that Title Matters for Flint

ELQ Journal

March 31st 2016

Helen Marie Berg  Helen Marie Berg is a student at The University of Michigan Law School and is a general member of the Michigan Journal of Environmental & Administrative Law. This post is part of the Environmental Law Review Syndicate. In January 2016, Michigan Governor Rick Snyder appealed to the ...

Clean Power Planning: Unlike with Obamacare, States are Preparing for Clean Power Plan Compliance Even as they Fight it in the Courts

ELQ Journal

February 11th 2016

Jennifer Golinsky Jennifer Golinsky is on the Georgetown Environmental Law Review. This post is part of the Environmental Law Review Syndicate. When the EPA released its draft of the Clean Power Plan (CPP) in June 2014,[1] commentators were quick to draw comparisons[2] to Obamacare (i.e., the Patient Protection and Affordable ...

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 ...

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 ...

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 ...

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 ...

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 ...

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

ELQ Journal

February 27th 2011

[ Clck Here to Comment ]  

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 ...

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