Environmental Law News

The Official Publication of the State Bar of California's Environmental Law Section

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Below are the tables of contents of recent issues. Section members can request copies of articles from back issues in our Members Only Area.

Contents of Back Issues:

Vol. 21, No. 3, 2012-2013 Vol. 21, No. 2, 2012 Vol. 21, No. 1, 2012 Yosemite Issue, October 2011 Volume 20, No. 1, 2011 Volume 19, No. 1, 2010 Volume 18, No. 1, 2009 Volume 17, No. 1, 2008 Volume 16, No. 1, 2007 Volume 15, No. 1, 2006 Volume 14, No. 1, 2005 Volume 13, No. 1, 2004

Volume 12, No. 3, 2003 Volume 12, No. 1, 2003 Volume 10, No. 2, 2001 Volume 9, No. 3, 2001 Volume 9, No. 2, 2000 Volume 9, No.1, 2000 Volume 8, No. 2, 1999

Vol. 21, No. 3, Winter 2012-2013

Editor’s Note
by Alexander “Sandy” Crocket

Message From the Chair
by Robert “Perl” Perlmutter

Local Renewable Power for a Clean Energy Future
by Kevin M. Barker, Heather Raitt, and Robert B. Weisenmiller, Ph.D.

EPIC v. Department of Forestry & Fire Protection: Is the California Supreme Court Putting the Public Trust Genie Back Into the Bottle?
by Jan Stevens

Navigating Water Use and Fracking in a Water-Scarce World
by Julia E. Stein

Proposition 65 and Foods: Are Warnings Really Required?
by Carol J. Monahan-Cummings

Vol. 21, No. 2, Spring 2012

Editor’s Note
by Alexander “Sandy” Crockett

A Renewable Future: Jerry Brown’s Environmental Agenda
by Cliff Rechtschaffen & Ken Alex

Regulatory Takings: Looking Back, Looking Forward
by Daniel L. Siegel & Professor Joseph L. Sax

CEQA and Infill Development: Can We Be Smarter in Our Approach to Smart Growth?
by Chris Calfee & Meea Kang

Implementing "Best Available Control Technology" Requirements For Greenhouse Gas Emissions Under the Clean Air Act: What Have We Achieved, What More Can We Expect?
by Alexander “Sandy” Crockett, Kevin Poloncar & Joanne Spalding

Salt of the Earth: Will California Go the Way of Ancient Sumeria Without Salt and Nutrient Regulation in Surface and Groundwater?
by Frances Spivy-Weber, Adán Ortega, Jr. & Tracy J. Egoscue

The California Coastal Commission: An Insider’s Guide
by Jamee Jordan Patterson

Vol. 21, No. 1, Winter 2012

Editor’s Note
by William D. Wick

Exacting Conservation Easements in California
by Jessica Owley

Whale of an Opportunity: Using the Coast Guard Port Access Route Study as a Tool to Reduce Ship Strikes within Santa Barbara Channel
by Brian P. Segee

The Ninth Circuit Provides Guidance on Managing Complex Multi-Party Toxic Tort Litigation
by Pedram Mazgani

The History of Reducing Toxic Air Emissions and Exposures in California Through Proposition 65 Enforcement
by Michael Freund

October 2011 -- Special Yosemite Commemorative Issue

Editor’s Note
by Alexander “Sandy” Crockett

Message from the Chair
by Marilee Hanson

Law to the Rescue!
by David Brower

The Making of Environmental Law
by Richard Lazarus

Civic Law and Natural Value: Enforcing Environmental Ethics
by Dr. Holmes Rolston III

Reflections on Environmental Law
by the Honorable Edmund G. “Jerry” Brown, Jr.

On the Importance of Pursuing Environmental Justice
by Margie Eugene-Richard

Dropping the “S” Word
by Mark Dowie

Shades of Green: Buying and Selling Environmental Protection
by Peter M. Douglas

Joseph Sax, Lucas, and the Economy of Nature
by Michael Hingerty

The 25-Year Legacy of Friends of Mammoth
by Antonio Rossman

A New Water Ethic
by John Garamendi

The Power of Place
by Tom Stienstra

Thoughts from Epitaph for a Peach
by David Mas Masumoto

Volume 20, No. 1 2011

Editor’s Note
by William D. Wick

Message from the Chair
by Marilee Hanson

Consumer Products Face Extensive Green Chemistry Regulation
by Eric R. Newman

Recollections on the Birth of CEQA
by Justice Ronald B. Robe

CEQA Turns 40: The More Things Change, The More They Remain the Same
by Lisabeth D. Rothman

Pioneering Approaches to Citizen Enforcement
by Jamee Jordan Patterson

What We Should Learn From the BP Spill
by Jaclyn Lopez

Apportionment at the Burlington Northern Trial and Implications of the Case for Demonstrating a Reasonable Basis to Apportion CERCLA Liability
by Marc A. Zeppetello

Volume 19, No. 1 2010

Editor’s Note
(page 1)
by William D. Wick

Message from the Chair
(page 1)
by Dana P. Palmer

Capturing Cost-Effective GHG Emission Reductions under AB 32
(page 4)
by Kristin Eberhard

Another Hot Year: Analyzing Greenhouse Gas Impacts under CEQA
(page 7)
by Alexander “Sandy” Crockett, Beth Collins-Burgard and Matt Vespa

Opportunities and Challenges Await Implementation of California’s Green Chemistry Initiative
(page 21)
by Edward L. Quevedo and John R. Till

Who’s Regulating Emissions from California Trains and Railyards?
(page 24)
by Gideon Kracov

Does Save Tara Clarify When a Public Agency Must Start the CEQA Process?
(page 28)
by Cyndy Day-Wilson

How Save Tara Affects the Standard of Review in CEQA Lawsuits
(page 32)
by Arthur Pugsley

Environmental Mediation: In a League of Its Own
(page 34)
by David Nawi, Catherine Yanni, Bret Stone and Maureen Dear

Superstrict Superfund and the Supremes: The Impact of Burlington Northern
(page 36)
A Panel Discussion with David Buente, Bruce Gelber and David Jung; Moderated by Michael Hingerty

Volume 18, No. 1 2009

Editor’s Note
by William D. Wick

Message from the Chair
by Kristen Castaños

The One-Cleanup Program – Faster, Cheaper, Better
by Richard G. Opper

California Case Triggers Supreme Court Ruling on Joint and Several Liability and Arranger Liability Under CERCLA
by Michael Johnson

The Benefits of a Risk-Based Approach to Selecting Vapor Intrusion Mitigation Measures
by Sigrida Reinis

What to Do When the Economy Calls Your Hand
by Bret A. Stone

Buyer Beware: Recent California Decision Limits the Type of Damages You May Recover for Contaminated Property
by Annette Stella

Volume 17, No. 1 2008

Editor’s Note
by William D. Wick

Message from the Chair
by Jodi Smith

Time to Measure This Social Experiment’s Results
by David Roe

Prop. 65—Still an Agent for Change?
by Pamela King Palitz, JD

Ten Things I Think I’ve Learned About Proposition 65
by Edward G. Weil

A Perspective on the First 20 Years of Proposition 65: A Long, Strange Trip Indeed
by Jeffrey B. Margulies

Volume 16, No. 1 2007

Message from the Chair
by Sean B. Hecht

Climate Change, Greenhouse Gas Emissions, and Related Air Pollution Issues
by William W. Carter Esq. and K. Ryan Hiete, Esq.

California’s First Step to Limit Emissions of Greenhouse Gases: Implementation fo SB 1368 by the Public Utilities Commission
by William Westerfield

The Design of a Carbon Market for California: Challenges and Opportunities of Climate Leadership
by Michael W. Wara

Tax Implications of the CSI. Go Solar this Year!
by Kimberly Chew

Global Warming I: Developing Cap and Trade Programs to Reduce Greenhouse Gas Emissions

Global Warming II: Climate Change—Scenarios for Survival Climate Change Links
by Monica A Schwebs

Volume 15, No. 1 2006

Message from the Chair
(page 1)
by Sherri M. Kirk

Plenary Session Address (2005): The Making of Environmental Law
(page 5)
by Richard Lazarus

Plenary Session Address (2004)
(page 13)
by District Attorney Paul Gallegos

Plenary Session Address (2004): Civic Law and Natural Value - Enforcing Environmental Ethics
(page 18)
by Holmes Rolston III

Keynote Address (2004)
(page 23)
by Margie Eugene-Richard

Plenary Session Address (2004)
(page 28)
by Mayor Jerry Brown

Volume 14, No. 1 2005

Editor’s Introduction
(page 1)
by JoAnne L. Dunec

The Endless Quest: Pursuing the Elusive Administrative Record in CEQA and Related Mandamus Proceedings
(page 5)
by Tim Taylor and Daniel Kelly

CEQA and Urban Aesthetics: Need There be an Ocean View?
(page 13)
by Susan Brandt-Hawley

Preservation as Mitigation Under CEQA: Ho Hum or Uh-Oh?
(page 18)
by David C. Levy and Jessica Owley Lippman

Judicial and Public Enforcement CEQA Remedies: Are NGOs Working with a Statutory Lion King or a Toothless Tiger?
(page 25)
by Stephen M. Miles

Volume 13, No. 1 2004

Message from the Chair
(page 1)
by Jane B. Kroesche

Plenary Session Address
(page 5)
by Wayne Nastri

Plenary Session Address
(page 9)
by Tal Finney

Keynote Address
(page 13)
by Tom Stienstra

Plenary Session Address
(page 15)
by Professor Thomas O. McGarity

Smart Growth: Whither Goest California?
(page 23)

Volume 12, No. 3 2003

Message from the Chair
(page 1)
by JoAnne L. Dunec

The Evidence of Environmental Injustice
(page 3)
by Clifford Rechtschaffen

Environmental Justice Grows Up
(page 15)
by Antonette Benita Cordero and Carol J. Monahan

Environmental Justice in California Power Plant Siting
(page 19)
by Jonathan P. Scoll

Patrick O’Hern Memoriam
(page 27)
by Marc Mihaly

Volume 12, No. 2 2003

Message from the Chair
(page 1)
By Richard M. Frank

Plenary Session Address
(page 5)
By John C. Cruden

Shades of Green: Buying and Selling Environmental Protection
(page 11)
By Peter M. Douglas

Keynote Address
(page 19)
By David Mas Masumoto

Plenary Session Address
(page 25)
Craig Manson

2003 Student Environmental Negotiations Competition
(page 29)
By Brett Morris

Michael H. Remy Memoriam
(page 31)

Volume 12, No. 1 2003

Sprawl and “Paper Water”
(page 3)
by Barry H. Epstein & Paul S. Kibel

Show Me the Water
(page 11)
by Randele Kanouse

SB 221: Panacea or Pandora’s Box?
(page 15)
by R. Clark Morrison & Daniel D. Doporto

Whose Water Is It?
(page 21)
by John H. Minan

Sewage Happens
(page 27)
(a panel discussion)

Volume 11, No. 2 2001

Defense of the Commons
(page 4)
By Mark Dowie

Thoughts from the 2001 Environmental Law Conference
(page 8)
By Bill Lockyer

Water in the 21st Century
(page 10)
By Peter H. Gleick

Readers Forum
(page 16)

Volume 11, No. 1 2001

The Power Plant Building Boom: Will Quick Fixes Make Big Problems?
(page 3)
By Anne E. Simon

2001: A Spaced Oddity
(page 7)
By Kathleen Walsh and George T. Poppic Jr.

Time for Real Energy Policy
(page 13)
By Daniel M. Kammen

Readers Forum
(page 17)

Volume 10, No. 2 2001

“Critical Habitat” Under the Endangered Species Act: Meaningless Designation or Effective Regulation?
(page 3)
By David E. Moser and Peter Morrisette

NWF v. Babbitt: Victory for Smart Growth and Imperiled Wildlife
(page 7)
By John Kostyack

Endangered Species and Natural Resource Management:Proposed ESA Listings Drive Ecosystem Planning in Sierra National Forests
(page 15)
By Erin Noel

Imposing Significant Consequences for Inflicting Significant Impacts
(page 22)
By Brett J. Morris

Members on the Move
(page 24)

Volume 10, No.1 2001

Message from the Chair
(page 2)
By Bruce S. Klafter

Plenary Session Address
(page 3)
By Philip Angelides

Plenary Session Address
(page 8)
By Barry E. Hill

Plenary Session Address
(page 13)
By David Hayes

Members on the Move
(page 17)

Volume 9, No. 3 2001

Greetings from the Editors
(page 3)
by Jane B. Kroesche and Marta J. Burg

Message from the Chair Emeritus
(page 5)
by Peter Hsiaor

The Emergence of Smart Growth
( page 7)
by Matthew D. Francois

Members on the Move
(page 11)

A Different Approach to Resolving Environmental Contamination Litigation
by Thomas P. Guarino
(page 13)

The Newhall Ranch Decision and Its Implications
by Antonette Benita Cordero
(page 18)

Volume 9, No. 2 2000

Private Enforcement of Environmental Law: Introduction
(page 4)
by Tara Mueller & Margarita Padilla

Message from the Chair
(page 6)

Citizen Suits in the Federal Courts: Pre-Litigation Considerations
(page 7)
by Helen Kang

Standing in the Wake of Laidlaw
(page 12)
by Rick R. Rothman and Michael J. Stiles

Using Proposition 65 to Battle Water Pollution
(page 18 )
by Frederic Evenson

Defense Strategies in Proposition 65 Litigation
(page 23)
by William Funderburk, Jr.and Peter Muthig

California' Unfair Competition Law: The Biggest Hammer in the Tool Box?
(page 38)
by James Wheaton

Attorneys' Fees from the Natural Resource User Perspective
(page 52)
by Gregory K. Wilkinson

Members on the Move
(page 60)

Sections Environmental Negotiations Competition Draws Students from Across the State
(page 61)

Volume 9, No.1 2000

Editors' Introduction: Highlights from Yosemite 1999
(page 3)

Message from the Chair
(page 5)
by Peter Hsiao

Address of the California Attorney General
(page 7)
by the Honourable Bill Lockyer

The Commission for Environmental Cooperation in the Era of Globalization
(page 12)
by Greg Block

Sea Change: Selected Excerpts
(page 19)
by Dr. Sylvia Earle

upcoming Events
(page 24)

Announcements
(page 27)

Members on the Move
(page 28)

Sponsors of the Environmental Law Conference at Yosemite Earn the Gratitude of Their Colleagues
(page 30)

Vol. 8, No. 2 Summer 1999

Message from the Chair
(page 3)
by Mark Spalding

Guest Editor's Introduction: Current Environmental Issues in California Indian Country
(page 5)
by Marta J. Burg

Map: Indian Trust Land and Unterminated Rancherias
(Revised Version from Vol. 9, No. 1)
(page 8)

Environmental Regulation and California Indian Gaming
(page 10)
by Joanne Willis Newton and Lawrence R. Stidham

Tribal Environmental Protection Activity Under EPA-Administered Programs
(page 18)
by Daniel J. Pingaro

Tribal Water Issues
(page 22)
by James B. Cooney

Socioeconomic Inequity in California Indian Country
(page 28)
by Michael Connolly

Members on the Move
(page 35)