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Aviation and Emissions Trading in the European Union: Pie in the Sky or Compatible with International Law?

ELQ Journal

February 15th 2012

Stephanie Switzer* [ Click Here to Comment ][ download PDF ] In 2003, the then European Community[1] adopted Directive 2003/87/EC, establishing a scheme for trading allowances of greenhouse gas (GHG) emissions.[2] Directive 2003/87/EC mandated the establishment of an emissions trading scheme (ETS) within the European Community “to promote reductions of ...

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 ...

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, ...

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) ...

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 ...

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. ...

Trains Deliver the Goods

ELQ Journal

December 8th 2008

Lawrence B. Landman * [ jump to end/comments ][ download PDF ] Trucks Pollute, Trains Don’t Trains carry goods 94 percent more efficiently than do trucks. California should therefore encourage firms to ship goods on trains, not trucks. Yet the California Air Resources Board (CARB), in its draft Scoping Plan, ignores ...

Land Use and Climate Change: Is it Time for a National Land Use Policy?

ELQ Journal

November 24th 2008

Catherine J. LaCroix * [ jump to end/comments ][ download PDF ] The immediate and short answer to the question in the title is no. It will never be time for an articulated federal land use policy; the tradition of local control of land use is simply too strong. But ...

Global Warming Tort Litigation: The Real “Public Nuisance”

ELQ Journal

September 15th 2008

Theodore J. Boutrous, Jr. and Dominic Lanza * [ jump to end/comments ][ download PDF ] Climate change litigation is booming. The past five years have witnessed a proliferation of global warming lawsuits brought under an array of novel legal theories. This article focuses on the subset of global warming ...

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 ...

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