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Stanford Law School Case Studies Collection

Case Studies Abstracts

Case Number: SLS No. 98-024
Title: The Balcones Canyonlands Conservation Plan
Case Files:
Teaching Note: SLS No. 98-025 (forthcoming)
Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: In the late 1980s and early 1990s, two species of birds and six species of cave invertebrates, all residing in Travis County, Texas, were listed as endangered under the Endangered Species Act. Various interest groups, including federal and local governmental entities, conservation organizations, developers, and business groups, began working together in an effort to create a regional Habitat Conservation Plan that would protect the listed species while allowing some growth and development to proceed. As a consultant to the Mayor of Austin, a local attorney has been assigned to analyze the various ways in which this plan—which requires acquisition and management of large land areas—could be financed.
Key Words: Endangered Species Act, endangered species, black-capped vireo, golden-cheeked warbler, Karst invertebrates, habitat, protection of endangered species on private land, regional Habitat Conservation Plan, regional land use planning, finance.
Case Number: SLS Nos. 039-99
Title: Bay-Delta: the Environmental Water Account
Case Files:
Teaching Note: SLS No. 040-99 (forthcoming)
Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The Sacramento-San Joaquin delta, just east of San Francisco Bay, provides a large percentage of California's fresh water supply. This water, vital to cities as well as the State's agriculture industry, is pumped out of the Delta by large-scale state and federal projects. By removing significant amounts of water annually, the pumping operations have had a devastating effect on the Delta ecosystem. In particular, taking water out of the Delta has led to threatened or endangered status for several fish species, including the diminutive Delta smelt. This case study examines one proposed solution to the ecosystem effects of pumping operations, the Environmental Water Account ("EWA"), which would create an institution whose aim would be to provide water for fish. Proponents of the EWA claim that it could supplement or replace existing proscriptive regulation aimed at protecting the Delta ecosystem, allocating water to the environment in a more effective and efficient manner. The case study places students in the role of David Fullerton, a senior staff scientist for a local environmental group that supports the EWA concept, and asks them to analyze the EWA, address problems in implementing it, and contemplate the ways in which it might be "sold" to other interest groups.
Key Words: Bay-Delta, water, water quality, water allocation, consensus, Endangered Species Act, endangered species, fish, agriculture, market mechanisms.

Case Number: SLS No. 98-034
Title: California Comparative Risk Study
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The case study examines California's attempt to use "comparative risk" studies to assist decision-makers on prioritizing environmental concerns and allocating scarce resources. It highlights the different perspectives that scientific experts and lay members of the public have on risk, how these differing perspectives impact on the priorities that different decision makers would set, and the controversies for governmental agencies to use comparative risk analysis as a decision making tool.
Key Words: Risk, risk perception, comparative risk, risk assessment, environmental justice, distributive justice.

Case Number: SLS No. 98-035
Title: The Campo Indian Landfill
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study centers around the opposition of surrounding landowners to a proposed waste facility on Native American land. It examines the impact of the dispute resolution process on the ultimate resolution of a dispute. The issue of the sovereignty of Native Americans in their own land highlights the interplay of science, law, and policy in defining and framing the nature of an environmental dispute.
Key Words: Native American sovereignty, solid waste landfill, environmental justice, environmental equity, NEPA - National Environmental Policy Act, RCRA - Resource Conservation and Recovery Act, environmental impact statement.

Case Number: SLS No. 06-041
Title: Channel Islands, Part I
Case Files:
Teaching Note:

SLS No. 06-044 (forthcoming); Teaching Note Exhibits: 148 pagesTeaching Material: 116 Pages;
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Author: Alicia Thesing, Case Writer; Meg Caldwell, Senior Lecturer
Abstract: A longtime recreational fisherman, Jim Donlon considers the depletion of the fish stock in the waters surrounding the Channel Islands. After considering the historical decline of fish in the Channel Islands and several possible policy tools, such as fishery management practices, marine protected areas, and marine reserves, Donlon submits a petition for a network of marine reserves in 20% of the one mile zone of waters surrounding the Channel Islands.
Key Words: Channel Islands, fishery management practices, marine protected areas, marine reserves, Anacapa Reserve, spillover, California Fish and Game Commission, connectivity, larval dispersal.

Case Number: SLS No. 06-042
Title: Channel Islands, Part II
Case Files:
Teaching Note:

SLS No. 06-044 (forthcoming); Teaching Note Exhibits: 255 pagesTeaching Material: 116 Pages;
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Author: Alicia Thesing, Case Writer; Meg Caldwell, Senior Lecturer
Abstract: Part II of this case study picks up from where Part I left off, from the perspective of a senior biologist with the California Department of Fish and Game. The Department biologist deals with the petition for a network of marine reserves, setting up a Sanctuary Advisory Council, Marine Reserves Working Group, Science Panel and a Socioeconomic Panel. A 22-month deliberative process considers the optimal size and placement of a network of marine reserves. In the context of uncertainty around marine reserves, how can technical panelists address that uncertainty honestly and credibly?
Key Words: Channel Islands, California Fish and Game Commission, California Department of Fish and Game, marine reserves, marine protected area, Marine Life Protection Act (MLPA), Working Group, Science Panel, Socioeconomic Panel, consensus, network size, network placement, recreational fishing, commercial fishing, theoretical studies, empirical data, uncertainty.

Case Number: SLS No. 06-043
Title: Channel Islands, Part III
Case Files:
Teaching Note:

SLS No. 06-044 (forthcoming) Teaching Note Exhibits: 115 pagesTeaching Material: 116 Pages;
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Author: Alicia Thesing, Case Writer; Meg Caldwell, Senior Lecturer
Abstract: Part III of this case study continues from the perspective of the Department biologist who is charged with the task of crafting a Preferred Alternative to forward to the California Fish and Game Commission. The Commission's vote stirs up controversy which is followed by litigation. The efforts to provide for monitoring of the Channel Islands marine reserves network and adaptive management are described. Running somewhat parallel to the Channel Islands marine reserve designation process was the related Marine Life Protection Act Initiative (MLPA), the 1999 legislation to set up a comprehensive California statewide network of marine reserves.
Key Words: Channel Islands, California Fish and Game Commission, Preferred Alternative, temporary restraining order (TRO), monitoring, adaptive management, Marine Life Protection Act (MLPA), Marine Life Management Act (MLMA).

Case Number: SLS No. 98-032
Title: Childhood Cancer Clusters in California's Central Valley
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study examines governmental investigations of two cancer clusters in the agricultural communities in California's Central Valley. It focuses on the limitations of existing scientific tools to determine the causation of human diseases and raises policy issues of addressing community concerns of disease clusters and environmental health consequences in light of these difficulties.
Key Words: Environmental justice, environmental equity, distributive justice, equal protection, pesticides, cancer cluster, cancer cluster investigation, childhood cancer clusters, environmental contamination, hazard communication.

Case Number: SLS No. 97-004
Title: Del Monte Dunes, Ltd.
Case Files:
Teaching Note:

SLS No. 97-005 (14 pages, including three pages of annotated board plans)Exhibits (45 pages);
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Author: Mary J. Decker, Case Writer; Meg Caldwell, Lecturer
Abstract: The City Attorney in a small California coastal city must evaluate a regulatory taking claim under the Fifth Amendment of the U.S. Constitution filed against the city in Federal court by a developer, after the City Council denies the developer's revised tentative map development plan. The City Attorney must evaluate the strength of the claim and develop a strategy aimed at preventing similar future claims.
Key Words: Regulatory taking, ripeness, land use planning, endangered species, conditional use permit, calculation of damages for regulatory taking.

Case Number: SLS No. 98-028
Title: An Early Legal Challenge to LULU Sitings: Northwood Manor, Texas
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study introduces students to general environmental justice issues through a famous dispute involving the siting of a waste disposal facility in an African American community. The case study is used to (1) highlight the importance of statistical issues in proving whether facilities are being located in communities of color; and (2) discuss how perspectives differ among disciplines.
Key Words: Environmental justice, environmental equity, distributive justice, equal protection, landfill, solid waste facilities, siting of waste facilities, statistical analysis of waste facility siting.

Case Number: SLS No. 98-021
Title: The Endangered Delhi Sands Flower-Loving Fly, Part I
Case Files:
Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The County of San Bernardino, California has purchased land upon which it intends to construct a new hospital. Prior to the commencement of this project, the Delhi Sands flower-loving fly is listed as an endangered species under the Endangered Species Act. The U.S. Fish and Wildlife Service believes that construction of the hospital would constitute a "take" of the endangered fly by destroying its habitat. Through an iterative process, the County and the Fish and Wildlife Service modify the County's plans to avoid a take. Eventually, this agreement is threatened by the County's need to construct a new interchange leading from a nearby interstate to the hospital. The Department of Interior attorney assigned to the matter must decide whether and how this new construction can legally proceed.
Key Words: Endangered Species Act, endangered species, Delhi Sands flower-loving fly, habitat, Habitat Conservation Plan, protection of endangered species on private land.

Case Number: SLS No. 98-022
Title: The Endangered Delhi Sands Flower-Loving Fly, Part II
Case Files:
Teaching Note: SLS No. 98-023 (forthcoming)
Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: Part II of this case study examines the federal lawsuit eventually brought by the County of San Bernardino (and others) against the U.S. government. The plaintiffs argue that the Commerce Clause of the U.S. Constitution does not give Congress the Authority to pass a law prohibiting the take of a purely intrastate species. The federal government and environmental groups argue that federal protection of intrastate endangered species is constitutional.
Key Words: Commerce Clause, constitution, intrastate species, Endangered Species Act, endangered species, Delhi Sands flower-loving fly, habitat, protection of endangered species on private land.

Case Number: SLS No. 97-016
Title: Hawaii Volcanoes National Park
Case Files:
Teaching Note:

SLS No. 98-017 (11 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: After an EPA inspector identifies numerous hazardous waste violations at the Hawaii Volcanoes National Park, EPA files a RCRA administrative enforcement action against another Federal agency, the Department of the Interior's National Park Service. On behalf of EPA, the students are asked to evaluate a settlement offer from Interior, including a proposed Supplemental Environmental Project ("SEP"), and recommend a counter-settlement demand that includes an appropriate monetary penalty and penalty mitigation percentage based on the SEP.
Key Words: Hazardous waste, Resource Conservation and Recovery Act, RCRA, administrative enforcement, national parks, administrative complaint, penalty calculation, supplemental environmental projects, SEPs, U.S. Environmental Protection Agency, Hawaii.

Case Number: SLS No. 041-99
Title: The Horseshoe Crab
Case Files:
Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: A staff attorney at Audubon attempts to protect the Horseshoe Crab from unprecedented catch levels. In particular, the attorney must solve the problem of a "loophole" state, Virginia, which decides not to regulate the catch of Horseshoe Crab, after its neighbors, Maryland, Delaware, and New Jersey, adopted catch regulations. The students must strategize about the Audubon lawyer's options in closing this loophole and ensuring the sustainability of the Horseshoe Crab fishery.
Key Words: Horseshoe Crab, fishery regulation, commercial fishermen, catch levels, landings, loophole, state waters, federal waters, Virginia Marine Resources Commission, Atlantic State Marine Fisheries Commission, horseshoe crab eggs, shorebirds, ecological importance, Atlantic State Marine Fisheries Compact, Atlantic Coastal Fisheries Cooperative Management Act (Coastal Act).

Case Number: SLS No. 97-013
Title: Interchangeable Emission Reduction Credits, Part 1
Case Files:
Teaching Note:

SLS No. 98-015 (8 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The Bay Area Air Quality Management District in California has proposed a draft air pollution rule that will allow the generation, banking, and trading and use of interchangeable emission reduction credits. These credits are designed to provide a cost-effective alternate means of complying with certain air district rules and regulations. Communities for a Better Environment, an environmental justice organization, opposes the draft rule in part because it believes the rule allows the creation of toxic air pollution hot spots in low income and minority neighborhoods. What comments on the draft rule should CBE provide to the air district?
Key Words: Air pollution, air toxics, emissions trading, market-based incentives, air pollution trading credits, mobile sources, environmental justice.

Case Number: SLS No. 97-014
Title: Interchangeable Emission Reduction Credits, Part 2
Case Files:
Teaching Note:

SLS No. 98-015 (8 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This two page addendum to the Part 1 Interchangeable Emission Reduction Credits case study asks the students to review the written comments on the draft rule received by the Bay Area Air Quality Management District, including the comments CBE submitted. the students will evaluate the comments and recommend an appropriate response by the air district. In particular, how should the air district address the concerns raised by CBE?
Key Words: Air pollution, air toxics, emissions trading, market-based incentives, air pollution trading credits, mobile sources, environmental justice.

Case Number: SLS No. 98-030
Title: Kettleman City: Siting a Hazardous Waste Incinerator
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study examines the proposed siting of a toxic waste incinerator four miles outside of Kettleman City, a small farmworkers community in California's Central Valley.
Key Words: Environmental justice, incinerator, siting of hazardous waste facilities, siting of incinerators, California Environmental Quality Act, translation of environmental impact report, community organizing, community participation.

Case Number: SLS No. 97-001
Title: Los Lobos Landfill, Part 1
Case Files:
Teaching Note:

SLS No. 97-004 (5 pages);
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Author: Mary J. Decker, Case Writer; Meg Caldwell, Lecturer
Abstract: A sanitary landfill owner seeks and obtains land use approvals and environmental permits to operate a green yard waste composting operation. After unexpected processing delays result in huge mounds of stockpiled yard clippings, the mounds are saturated by heavy rains. Angry neighbors soon lodge hundreds of odor complaints with local regulators. The landfill operator must deal with continuing odor problems, environmental permitting issues, and the landfill's contractual obligation to dispose of all municipal yard waste from a nearby city.
Key Words: Land use planning and zoning, green yard waste composting, nuisance, relationships with government regulators and community members.

Case Number: SLS No. 97-002
Title: Los Lobos Landfill, Part 2
Case Files:
Teaching Note:

SLS No. 97-004 (5 pages);
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Author: Mary J. Decker, Case Writer; Meg Caldwell, Lecturer
Abstract: This Part 2 case study picks up from where the Part 1 case (described above) left off, from the viewpoint of local residents who attempt to close down the landfill's composting operation permanently. (The Part 2 case can be taught on its own.) The residents form a community group, which argues unsuccessfully that the release of Aspergillus fungi from the composting operation poses a serious health threat to local residents.
Key Words: Green yard waste composting, nuisance, community activists, Aspergillus fumigatus.

Case Number: SLS No. 98-009
Title: The Lower Fox River (CERCLA/SUPERFUND)
Case Files:
Teaching Note:

SLS No. 97-010 (4 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: PCBs contaminate a 39-mile stretch of the Lower Fox River in Wisconsin. A small group of paper mills are cooperating with the State environmental agency to voluntarily investigate, clean up and restore the river. Meanwhile, the U.S. Fish and Wildlife Service continues its own assessment of natural resource damages caused by the PCBs. U.S. EPA, frustrated with the slow pace of the State-lead voluntary cleanup, signals its intent to list the river on the NPL. EPA issues special notice letters to the paper mills requesting that they conduct a Superfund-style RI/FS. The State vehemently opposes EPA's actions. What approach should a cooperating paper mill take?
Key Words: Superfund, Comprehensive Environmental Response, Compensation and Liability Act; CERCLA, polychlorinated biphenyls, PCBs, Lower Fox River, National Priorities List; NPL; natural resource damage assessment, natural resource trustee.

Case Number: SLS No. 98-033
Title: Methyl Bromide: Frameworks for Viewing Pesticide Risks
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study examines pesticide regulation through the lens of the recent controversy over methyl bromide, a pesticide and a fumigant which is used extensively in strawberry fields. It focuses on the difficulty of evaluating risk, the different perspectives resulting from the different forums that are used to resolve environmental disputes, and how those perspectives can affect policy recommendations.
Key Words: Methyl bromide, pesticides, ozone depletion, proposition sixty five, Clean Air Act, Montreal Protocol, fumigation, fumigants, pesticide drift, community organizing.

Case Number: SLS No. 036-99
Title: New York City's Water Supply, Part I
Case Files:
Teaching Note:

SLS No. 038-99 (8 pages)Exhibits (535 pages);
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Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The first part of this two-part case study describes the history of New York City's water supply, leading up to the events of 1995. In 1911, the State of New York had given the City the power to regulate water polluting activities in the counties from whence New York's water came. Between 1911 and 1990, the City had refrained from using this power to any significant degree. However, a new Federal rule, the Surface Water Treatment Rule (part of the Safe Drinking Water Act), came into effect in 1989. That rule required the City to build a very expensive filtration plant unless it could show that it was in control of human activities in the watershed. The easiest way for the City to demonstrate this level of control was to write and implement strict water pollution regulations for the watershed. However, the watershed counties were vehemently opposed to such regulations, viewing them as roadblocks to future economic development and an assault on local sovereignty. The first part of the case study places the student in the position of a staff attorney for one of New York Governor George Pataki's chief aides. The student is asked to summarize the situation for the aide and to recommend a course of action for solving the City's water supply "problem."
Key Words: New York City, watershed, drinking water, filtration, water quality, consensus, Safe Drinking Water Act, Surface Water Treatment Rule, land use.

Case Number: SLS No. 037-99
Title: New York City's Water Supply, Part II
Case Files:
Teaching Note:

SLS No. 038-99 (8 pages);
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Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The second part of this two-part case study describes one of the controversies that arose following the "resolution" of water supply problem. In 1995, the parties signed a comprehensive Memorandum of Agreement establishing a plan for avoiding filtration and for resolving future disputes between the parties. The first dispute to arise concerned the City's interpretation of a State rule regarding installation of septic systems on land having certain slopes. Environmental groups, led by Hudson Riverkeeper, believed the City's interpretation of the rule on permissible slopes was illegal and would lead to degradation of water quality. The City and the State believed otherwise. The second part of the case puts students in the position of Robert Kennedy, Jr., an attorney for Riverkeeper, who was seeking to challenge the City's interpretation of the rule on slopes. The students are asked to consider various strategies for challenging the rule and for negotiating future disputes.
Key Words: New York City, watershed, drinking water, filtration, water quality, consensus, Safe Drinking Water Act, Surface Water Treatment Rule, slopes, septic systems, land use.

Case Number: SLS No. 98-006
Title: Philern Corp., Part 1
Case Files:
Teaching Note:

SLS No. 98-007 (6 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: The owners of a biotech company face a possible hazardous waste enforcement action by the State environmental agency, after a series of inspections reveal noncompliance with various RCRA requirements. The biotech company believes RCRA regulatory requirements designed with large industrial waste generators in mind are unnecessary and unreasonable for a biotech research laboratory to comply with. The company must decide how to address these RCRA compliance and operational issues when it meets face-to-face with State regulators in an effort to resolve the alleged RCRA violations.
Key Words: Resource Conservation and Recovery Act; RCRA; laboratory hazardous waste, satellite accumulation areas, central waste accumulation areas, off-site storage, rogue employees, governmental inspections, environmental health and safety; governmental relations.

Case Number: SLS No. 98-008
Title: Philern Corp., Part 2
Case Files:
Teaching Note:

SLS No. 98-007 (6 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This 2 page addendum to the Philern Corp. Part 1 case study describes the efforts of the Laboratory Regulatory Reform Task Force in California to improve existing hazardous waste regulations applicable to laboratories. The Exhibits include the Task Force recommendations forwarded to the State environmental agency and the State agency's resulting interim final policy on the key regulatory issues identified by the Task Force.
Key Words: Resource Conservation and Recovery Act; RCRA; laboratory hazardous waste, regulatory reform.

Case Number: SLS No. 98-011
Title: Prop 65: Calcium Supplements and Antacids
Case Files:
Teaching Note:

SLS No. 98-012 (8 pages);
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Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case describes the investigation of lead in calcium supplements and antacids conducted by the California State Attorney General's Office and the Natural Resources Defense Council. The NRDC and Attorney General's Office both file lawsuits to enforce Proposition 65's warning requirement and wrangle over settlement provisions with each other and major calcium product manufacturers. Will these legal actions have the unintended effect of discouraging some people from taking the dietary calcium supplements they need for good health?
Key Words: Proposition 65, Safe Drinking Water and Toxic Enforcement Act of 1986, calcium supplements, antacids, lead, lead poisoning, enforcement, settlement.

Case Number: SLS No. 98-026
Title: Public Participation in National Forest Management: the Sierra Nevada Framework for Conservation and Collaboration and the Quincy Library Group
Case Files:
Teaching Note: SLS No. 98-027 (forthcoming)
Author: Josh Eagle, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: In the early 1990s, the U.S. Forest Service began a process of amending forest plans for 11 Sierra Nevada National Forests, in an attempt to address changing socioeconomic and ecological conditions and to incorporate new scientific information. This effort, known as the Sierra Framework, was nearly complete when, in 1998, Congress passed the Herger-Feinstein Quincy Library Group Forest Recovery Act. That law required the Forest Service to manage three of the 11 Sierra Framework forests in a very specific way. An attorney for the Forest Service's Regional Forester must decide whether and how the Framework and the Quincy Library Group bill can be implemented simultaneously. In particular, the attorney must consider issues related to the National Environmental Policy Act processes for each program.
Key Words: Forest management, public lands, National Forest Management Act, National Environmental Policy Act, environmental impact statement, Quincy Library Group, consensus groups.

Case Number: SLS No. 98-018
Title: Red Snapper Fishery, Part 1
Case Files:
Teaching Note: SLS No. 98-020 (forthcoming)
Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: In January of 1998, the regional administrator for the southeast regional office of the National Marine Fisheries Service is faced with a difficult decision: how to allocate red snapper to commercial and recreational fishermen in the coming year. Armed with admittedly limited information on the status of snapper populations, and politically squeezed between commercial, recreational and conservation interests, the administrator must choose an option that complies with the Magnuson-Stevens Fisheries Conservation and Management Act.
Key Words: Fisheries, fisheries management, National Marine Fisheries Service, Magnuson-Stevens Fisheries Conservation and Management Act, red snapper, Gulf of Mexico.

Case Number: SLS No. 98-019
Title: Red Snapper Fishery, Part 2
Case Files:
Teaching Note: SLS No. 98-020 (forthcoming)
Author: Mary J. Decker, Case Writer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: Continuing from Part 1, this case study focuses on the issue of Individual Transferable Quotas ("ITQs") and their applicability to the Gulf of Mexico red snapper fishery. Attorneys for the Environmental Defense Fund are faced with the task of overcoming legal hurdles and convincing the Gulf of Mexico Fishery Management Council, the National Marine Fisheries Service, fishermen and other conservation groups that ITQs are the best way to restore the fishery to biological and economic health.
Key Words: Fisheries, fisheries management, Magnuson-Stevens Fisheries Conservation and Management Act, Individual Transferable Quotas ("ITQs"), red snapper, Gulf of Mexico.

Case Number: SLS No. 99-040
Title: San Diego's Multiple Species Conservation Program
Case Files:
Author: Amy Fox, Case Writer; Meg Caldwell, Senior Lecturer
Abstract: The San Diego County Planner must provide the San Diego County Board of Supervisors with a report on the fiscal impacts of its proposed Multiple Species Conservation Program before the final Board's vote. This case study includes a survey of the Endangered Species Act, the county's subarea plan, the MSCP planning process, and the difficulty of assessing the fiscal impacts of a conservation plan.
Key Words: County of San Diego, Multiple Species Conservation Program, planning, San Diego County Board of Supervisors, San Diego Taxpayers Association, fiscal impacts, Endangered Species Act, take, incidental take, habitat conservation plan, Natural Community Conservation Plan (NCCP), U.S. Fish and Wildlife Service, California Department of Fish and Game, subarea, Biological Mitigation Ordinance.

Case Number: SLS No. 03-001
Title: Santa Clara Campus Sun Microsystems, Inc.
Case Files:
Teaching Note:

SLS No. 03-002 (7 pages)Exhibits;
(Request Access to Teaching Notes and Materials)

Author: Margaret A. ("Sandy") Sloan, Case Writer; Meg Caldwell, Senior Lecturer
Abstract: This case study tracks Sun Microsystems' efforts to build a Sun Microsystems campus from the perspective of a land use attorney hired by the Sun Microsystems' real estate group. After considering three sites, Sun Microsystems selects a state-owned property that once housed a facility for the "developmentally disabled" called the Agnews Developmental Center that contained several historical buildings, along with various non-profit lessees, including a daycare center. Along the way to City Council approval for their development plans, Sun Microsystems must contend with various stakeholders, CEQA compliance, the Office of State Historic Preservation, historical buildings, Ralph M. Brown Act, public/private access, CEQA lawsuit, and a petition to referend the Development Agreement.
Key Words: Santa Clara, Sun Microsystems, California Environmental Quality Act (CEQA), CEQA litigation, historic preservation, Ralph M. Brown Act, conservation and historic easements, referendum, development agreements, disposition of state property, stakeholder analysis, site evaluation, charter vs. general law cities, redevelopment

Case Number: SLS No. 98-031
Title: Siting of a Power Plant in Bayview-Hunters Point, California
Case Files:
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study looks at the scientific and health concerns that a community raised in opposition to the siting of a power plant at Bayview Hunters Point, an impoverished Bay Area community of color plagued by multiple environmental problems. It ties together a number of issues raised in earlier studies, including the appropriate role of lawyers and scientists in addressing environmental justice issues in the legal and political arena.
Key Words: Environmental justice, environmental equity, distributive justice, equal protection, particulates, health hazards of power plants, community organizing, community participation, facility siting.

Case Number: SLS No. 98-028
Title: Siting a Hazardous Waste Facility in Warren County, North Carolina
Case Files:
  • Case (6 pages)
Author: Flora Y. F. Chu, Lecturer; Barton H. ("Buzz") Thompson, Jr., Robert E. Paradise Professor of Natural Resources Law
Abstract: This case study examines one of the first environmental justice cases in the United States, the siting of a hazardous waste facility in Warren County, North Carolina. The case can be used as an introduction to environmental justice topics, and as a beginning point for discussions on the role of science in addressing these types of disputes.
Key Words: Environmental justice, environmental equity, distributive justice, environmental contamination, hazardous waste.