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A California Environmental Court to Adjudicate Climate Change

Climate change creates mitigation and adaptation needs across the country, especially in California, which faces flooding, erosion, fire, and extreme weather. To armor against the rising tide of climate change and its accompanying flood of litigation, California should create a specialized environmental court to adjudicate state climate issues. (read more)

Closing the Ocean Fracking Gap: EPA Leadership Is Needed to Regulate Aging Rigs and Evolving Risks Offshore

This Note explores how fracking has slipped through the cracks in a closely regulated industry. Examining the root of the problem, this Note outlines how we might design an administrative apparatus to address emerging environmental harms in the context of aging oil and gas infrastructure. (read more)

Protecting Species and Timber Communities from Extinction: A Case Study on Spotted Owls, Logging, and Cooperative Management in Western Lane County, Oregon

This Note uses western Lane County as a case study to diagnose sticking points in conservation under the ESA and prescribe characteristics of management strategies more likely to sustain both resource extraction-dependent communities and populations of listed specie (read more)

What's New

Practitioner Tips 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 ...

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

ELQ Journal

February 27th 2011

[ Clck Here to Comment ]  

Animal Law 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 ...

Berkeley Law Symposia 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 ...

Energy 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 ...

Practitioner Tips 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 ...

Animal Law 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 ...

Animal Law 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 ...

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