Environmental Law News

The Official Publication of the Environmental Law Section of the California Lawyers Association.

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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. 26., No. 1, 2017 Vol. 25, No. 2, 2016 Vol. 25, No. 1, 2016 Vol. 24, No. 2, 2015 Vol. 24, No. 1, 2015 Vol. 23, No. 2, 2014 Vol. 23, No. 1, 2014 Vol. 22, No. 2, 2013 Vol. 22, No. 1, 2013 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

Volume 26, No. 1, Spring 2017

Editor’s Note
By Julia Stein

California WaterFix: A Snapshot of the SWRCB Water Rights Change Hearings
By Austin C. Cho

Public Interest Standing Under CEQA: Will We Ever Know What Types Of “Urgent Considerations”
Outweigh a Petitioner’s Standing?
By Jonathan E. Shardlow and Martin P. Stratte

Waves of Contentious Issues Still Batter the California Coastal Act at 40
Bby Angela Howe, Jana Zimmer, Jennifer Lucchesi, and John Erskine

Lessons on Regulatory Reporting in California
By Sedina L. Banks and Brian E. Moskal

What Institutional Investors, Energy Companies, and You Should Know About Carbon Reporting
By Aaron Ezroj

Deciphering the New CEQA Rules for Modified Projects After San Mateo Gardens
By Marina Cassio

The 2016 Environmental Legislative Recap: An Unconventional Election Year Defending a Legacy
by Gary Lucks

Volume 25, No. 2, Fall 2016

Editor's Note
By Scott B. Birkey

California Groundwater Management: Laboratories of Local Implementation or State Command and Control?
By David R.E. Aladjem and Meredith E. Nikkel

New Standards for CEQA Analysis of Greenhouse Gas Impacts
By Dean Wallraff and Aruna Prabhala

Powering Down Chevron? Chevron Deference and the Clean Power Plan Litigation
By Julia E. Stein

California Chemicals Regulation After TSCA Reform
By Claudia Polsky

The Evolving Regulation of TCE Vapor
Intrusion Issues
By Ben Clapp, Don J. Frost Jr. and Stacy E. Kray

Regulating Groundwater in California: How the Landscape Is Changing with SGMA
By Wesley A. Miliband

Volume 25, No. 1, Spring 2016

Editor’s Note...
by Scott B. Birkey

Reprise of Fireside Chat, Yosemite Environmental Law Conference, October 24, 2015
By E. Clement (Clem) Shute, Jr.

CEQA’s “Unusual Circumstances Exception” in the Wake of Berkeley Hillside
By Nicole H. Gordon & Lauren K. Chang

The Clean Power Plan: Friend or Foe of California’s Climate Policy?
By Elena Saxonhouse

How to Ethically and Effectively Talk to Reporters
By Matthew Preusch

Environmental Streamlining Measures in Title 41 of the FAST Act: What Will They Mean for Infrastructure Project Developers?
By Laura Zagar, William Malley, and Stephanie Regenold

The New Federal Clean Water Rule
By David Pettit

The 2015 Legislative Recap: Settling in and Taking a Breath
By Gary Lucks

Volume 24, No. 2, Fall 2015

Editor’s Note...
by Scott B. Birkey

A Tribute to Joseph L. Sax
by Antonio Rossmann

In Honor Of Joe Sax: Appreciating His Takings Scholarship
by Holly Doremus

Appellate Confirmation of State Water Board Administrative Jurisdiction to Prevent Illegal or Unreasonable Water Diversion and Use: Young, Millview, and Light
by Rebecca R. Akroyd and Andrew J. Ramos

Data Drought: Could Better Information Help
Resolve Longstanding Conflicts Over Delta Water?
by Colleen Flannery

Regulating Groundwater in California: Will the Landscape Change with GSA Formation?
by Wesley A. Miliband

AB 32’s Pollution Markets: A Technology-Driven Solution or a Step Backward for Climate Change?
by Suma Peesapati

While the Project May Change, the Standard of Review Should Remain the Same
by Linda C. Klein

The Desert Renewable Energy Conservation Plan: An Impossible Task?
by Arielle Harris and David Cameron

Vol. 24, No. 1. Summer 2015

Editor's Note...
by Scott B. Birkey

California's Efforts to Solve Its Water Shortage: Can They Succeed?
by Edgar B. Washburn

Where the Rubber Meets the Road: Implementing the Low-Carbon Fuel Standard and Cap-and-Trade for Transportation Fuels to Reduce Carbon Emissions
by William Westerfield and Anna Leonenko

Solar Energy and the Williamson Act: Legal Developments and Recent Trends
by Bradley Brownlow

Redevelopment Rewind: a Look at the Current Status of Public and Private Brownfields Redevelopment
by Mark E. Elliott and Amy E. Gaylord

The Increasingly Steep Climb to Regulatory Closure for Contaminated Sites
by Keith B. Walker

Is the Endangered Species Act Constitutional? How the Utah Prairie Dog Case May Impact California
by Eric Biber and Elise O'Dea

A New Era: Consultation with California Native American Tribes and Consideration of Tribal Cultural Resources under CEQA
by Andee Leisy

The 2014 Environmental Legislative Recap: An Election Year Drought
by Gary A. Lucks

Vol. 23, No. 2. Fall 2014

Editor’s Note...
by Scott B. Birkey

California Modernizes Transportation Impacts Analysis under CEQA: Senate Bill 743 (Steinberg, 2013)
by Christopher H. Calfee

Swing, Pendulum, Swing: California’s Historic Drought and Unprecedented Responses
by Paeter E. Garcia and Sarah Christopher Foley

Local Control of Oil and Gas Operations: Getting a Handle on Fracking and Cyclic Steaming Through Land Use Prohibitions, Moratoria, Discretionary Permits, and Citizen Initiatives
by Heather Minner and Peter Broderick

California High Speed Rail: An Update for 2013-2014.
by Kathryn Phelan and John Fox

The Temperature Rises: A Hot Summer in Greenhouse Gas Regulation
by Julia E. Stein

Status of Stormwater Regulation in California
by Melissa A. Thorme

Scope of Materials, Including E-mails, in Administrative Records for CEQA Cases
by Holly O. Whatley

Vol. 23, No. 1 •Spring 2014

As Jurisdictions Like California Sort Out Regulation of Hydraulic Fracturing, NIMBY Approaches Pop Up in Other Jurisdictions
By Shannon S. Broome and Julia A. Miller

California Supreme Court Decision Expands Public's Right to Access Government-Held Digitally-Formatted Data
By Sabrina Venskus

Big Things Come In Small Packages: Ninth Circuit Issues Nation's First Decision on Nanotechnology
By Peter Hsiao and Andrew Stanley

Alternatives to Litigation to Address Climate Change
By Kiran Sahdev

California's "Magic" Number: Nine Goals for 2020 and Where We May Go From There
By Ryan Waterman and Parissa Ebrahimzadeh

Articles from the 2013 Environmental Law Conference at Yosemite Panel "Dire Gyre: Is the Problem of Ocean Plastic Pollution Insoluble?
By Angela T. Howe, Leila Monroe, Steven Moore, and Saskia Van Gendt

The 2013 Environmental Legislative Recap: A Break in the Perpetual Gridlock
By Gary A. Lucks

Vol. 22, No. 2, 2013 -- A Special Joint Issue from the Environmental Law and Real Property Law Sections

MCLE Self-Study Article: Fracking: Expected Lawsuits
By Jean L. Bertrand and Lindsey N. Berg

Low Impact Development's Supersized Stamp on California Storm Water Regulation
By David M. Metres

The Tidal Shifts of the QSA
By Mark J. Hattam and Kathryn D. Horning

Conservation Easements
By Alicia Guerra and David Ivester

Piercing Armor: Using Legal Theories to Prevent Harm from Seawalls to the Coastal Environment
By Angela T. Howe

Vol. 22, No. 1, 2013

Editor’s Note...
by Alexander "Sandy" Crockett

Cry Me a Reservoir: Water Management and Climate Change Adaption
by Roger B. Moore, Katherine A. Spanos, Robert Wilkinson, Ph.D., and Paul Stanton Kibel

Indian Energy Development and the Law
by Darcie L. Houck

Transportation Fuels, Greenhouse Gases, and the Dormant Commerce Clause
by Mark W. Poole

California's Marine Life Protection Act Initiative: A Public Marine Protected Area Planning Process
by Cindy Gustafson, Melissa Miller-Henson, Sarah Abramson Sikich, Hawk Rosales, and Thomas Gibson

The Emergence of Multi-Party Toxic Tort and Property Damage Litigation
by Gary A. Meyer

The Art of the Deal: Strategies for Successful Negotiation in Environmental Cases
by Danielle Teeters, Thomas M. Donnelly, Letitia Moore, Robert "Perl" Perlmutter, and Don Person

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)