Rachael Salcido | University of the Pacific (original) (raw)

Papers by Rachael Salcido

Texas Wesleyan Journal of Real Property Law, Oct 1, 2012

for research assistance, and would like to thank the editorial staff at the Texas Wesleyan Journa... more for research assistance, and would like to thank the editorial staff at the Texas Wesleyan Journal of Real Property Law. 1. Economic issues can be divided into many parts. There is the undesired destruction of property, chattels and tree stands by fire. See generally Karen Bradshaw, A Modern Overview of Wildfire Law, 21 FORDHAM ENVTL. L. REV. 445, 466-75 (2010) (identifying losses such as tree stumpage and infrastructure damage). The economic challenge of funding fire management is also an issue, either in terms of the cost of fuels reduction projects, prescribed burning, and the cost of fire suppression. Environmental issues encompass air quality concerns, flora, and fauna including wildlife and habitat impacts terrestrial and aquatic. Id.

The law of hazardous wastes and toxic substances is a specialized field involving the overlap of ... more The law of hazardous wastes and toxic substances is a specialized field involving the overlap of federal and state statutes, science, economics, and public policy. This text covers the regulation of the production, sale, use, and disposal of toxic substances, ranging from pesticides to chemicals to genetically-engineered animals. It also addresses the “cradle-to-grave” regulation of hazardous wastes under RCRA and the cleanup of these wastes under CERCLA, the Superfund law.https://scholarlycommons.pacific.edu/facultyteaching/1052/thumbnail.jp

Stephen C. McCaffrey and Rachael E. Salcido, Legal Protection of the Environment, in Comparative ... more Stephen C. McCaffrey and Rachael E. Salcido, Legal Protection of the Environment, in Comparative Law and Society (David S. Clark, ed., Edward Elgar 2012). Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date.https://scholarlycommons.pacific.edu/facultybooks/1040/thumbnail.jp

McGeorge law review, 2014

During the course of the 2014 McGeorge Law Review (MLR) Symposium, experts on the state of resour... more During the course of the 2014 McGeorge Law Review (MLR) Symposium, experts on the state of resource consumption in the growing state of California and elsewhere discussed possibilities for improvements to the status quo. As the title of the program and themes of the panels emphasized, there is still an opportunity to pivot away from the unsustainable practices that could exhaust our limited resources. Though inspired by the California context, the solutions discussed by participants could be gleaned from and translatable to other locations. California is blessed with an abundance of natural riches—beautiful mountains, forests, coastline, fisheries, wildlife, fertile soil, minerals, oil and gas. A barrage of forces is impacting management of natural resources in California. Population growth has a magnifying effect on disputes over exhaustible resources, such as land and water. The impacts of drought on the state have raised questions about the sustainability of water use and conserv...

Environmental Law & Policy eJournal, 2017

The United States free trade agreements with other North and Central American countries contain p... more The United States free trade agreements with other North and Central American countries contain provisions allowing citizen submissions that may be a useful tool for advocates seeking to improve enforcement of U.S. environmental laws. The Dominican Republic-Central America-U.S. Free Trade Agreement (CAFTA-DR) and the North American Agreement on Environmental Cooperation (NAAEC, a side agreement to NAFTA) both require any party to the agreements to “effectively enforce its environmental laws.” When the United States fails to enforce its own laws, it faces private action by U.S., Mexican, and Canadian citizens under NAAEC, and from citizens of other North and Central American countries under CAFTA-DR. This article provides an overview of the submission mechanisms in both agreements, reviews past private enforcement actions, and then reviews the challenges and advantages to futures use of these agreements to address U.S. failures in environmental protection.

Environmental law addresses the broad question of how to reconcile human activity with the need t... more Environmental law addresses the broad question of how to reconcile human activity with the need to protect the life-support system of humans and other species on a planet of limited resources. This question cannot be fully understood or explored without acknowledging that environmental issues do not respect political boundaries. Once introduced to the challenges of effectively addressing environmental problems, students can easily appreciate the value of concerted international efforts to address those challenges, and lessons that can be learned from efforts in other countries. Global Issues in Environmental Law is designed to facilitate the introduction of international and comparative legal issues into the basic Environmental Law course, but could also be used in a seminar on the subject. The book covers: constitutional protection of the environment; the precautionary principle; intergenerational equity; international and comparative approaches to the regulation of air, water and toxic substance pollution; global climate change; wildlife and biodiversity preservation; the Law of the Sea; and management of oceans and coastal areas. For more information visit the companion site .

American Journal of Comparative Law, 2010

... RACHAEL E. SALCIDO* ... seabed resources, is con-sistent with economic development13 and the ... more ... RACHAEL E. SALCIDO* ... seabed resources, is con-sistent with economic development13 and the US Congress enacted the Deep Seabed Hard Mineral Resources Act of 1980 to address the issue.14 The US territorial sea was extended from three to twelve miles by executive ...

General Reports of the XVIIIth Congress of the International Academy of Comparative Law/Rapports Généraux du XVIIIème Congrès de l’Académie Internationale de Droit Comparé, 2011

The John Marshall law review, 2015

The United States has been in pursuit of a conflicting objective— pursuing an “all of the above” ... more The United States has been in pursuit of a conflicting objective— pursuing an “all of the above” energy policy while trying to reduce emissions that drive climate change. As the United States pursues climate mitigation objectives, renewable energy must be built out in every region of the country. This article explores the tension between renewable energy development and its visible conflicts with land and wildlife conservation and environmental protection goals. While it is certain that climate change will bring devastating harms to the planet, the adoption of an aggressive renewable energy build-out will also have environmental impacts. Managing these impacts is an important component of a sustainable energy strategy.

II. BACKGROUND ..................................................................................... more II. BACKGROUND ............................................................................................... 255 A. Brief Primer on Ocean Jurisdiction ...................................................... 256 B. Dispute Resolution and International Governance ............................... 257 C. The Power of Property .......................................................................... 259 D. Ocean Governance Support for an International Property Law Thesis ..................................................................................................... 260

Social Science Research Network, Oct 3, 2018

I. INTRODUCTION Americans have long relied on the oceans to improve our quality of life-enabling ... more I. INTRODUCTION Americans have long relied on the oceans to improve our quality of life-enabling renewal, recreation, providing food, facilitating trade, and in more recent history delivering vast quantities of petroleum. 1 The April 20, 2010, oil spill in the Gulf of Mexico emphasized the human dependence on a healthy marine environment. All energy development comes at an environmental cost, but the imperative to reduce our use of nonrenewable energy sources, as well as the environmental impacts of such use, has become clear. 2 For those interested in energy policy, the

The John Marshall Law Review, 2014

Loyola University of Chicago Law Journal, 2014

Addressing climate change demands a fundamental change in United States energy policy and a major... more Addressing climate change demands a fundamental change in United States energy policy and a major infrastructure for a renewable energy future. Yet the boom in natural gas development and expanding demand for energy in developing nations argue poorly for reductions in fossil fuel use. This Article documents how the federal government has resorted to some measure of environmental exceptionalism by rationing environmental law to expedite renewable energy development in the context of the seismic shifts in U.S. energy policy. Despite the many arguments in opposition to rationing environmental law, this Article concludes that the realities of climate change and the lack of progress despite other minor administrative efforts support rationing as a measured response necessary to human survival.

Marine Policy, 2016

The literature on ocean energy has, to date, largely focussed on technical, environmental, and, i... more The literature on ocean energy has, to date, largely focussed on technical, environmental, and, increasingly, social and political aspects. Legal and regulatory factors have received far less attention, despite their importance in supporting this new technology and ensuring its sustainable development. Building on the social sciences research agenda developed by the International network for Social Studies of Marine Energy (ISSMER) and published in Energy Policy, a complementary agenda for legal research linked to ocean energy was set out. Key directions for future research structured around the core themes of marine governance: (i) international law; (ii) environmental impacts; (iii) rights and ownership; (iv) consenting processes; and (v) management of marine space and resources were identified.

Chicago-Kent} Law Review, 2016

Environmental Law, 2016

Humanity has entered the Age of the Anthropocene, a geologic era marked by the emergence of human... more Humanity has entered the Age of the Anthropocene, a geologic era marked by the emergence of human activity as the single most dominant influence on Earth’s environment. Every ecosystem shows signs of anthropogenic influence, and the environments we experience everyday are often shaped almost entirely by human actions and decisions. The new discipline of reconciliation ecology recognizes this reality and suggests that we must manage the new habitats we create in order to protect species diversity and ecosystem services. But the 2015 rule defining the jurisdiction of the Clean Water Act explicitly excludes many manmade environments, including many artificial lakes, farm ponds, reflecting pools, and most ditches, treating these landscape features as faux nature somehow unworthy of protection. This treatment is a marked departure from past Environmental Protection Agency and U.S. Army Corps of Engineers practices, which allowed for consideration of such places on a case-by-case basis. T...

UCLA Journal of Environmental law and Policy, 2021

Author(s): Salcido, Rachel | Abstract: This Article responds to environmental justice arguments t... more Author(s): Salcido, Rachel | Abstract: This Article responds to environmental justice arguments that undermine, rather than safeguard, health and environmental quality for low-income and minority populations. nEfforts by scholars and practitioners to clearly define “environmental injustice” to facilitate use of racial discrimination legal frameworks have had minimal success and are ultimately limiting the ability to embrace a broader arsenal of weapons in the fight against injustice. nThe greatest weapon of the environmental justice movement is its people. nEnvironmental justice must evolve more rapidly beyond efforts to merely give communities voice, and actually redistribute power and decision making to open up opportunities for social movement intersection. nThe struggle to define environmental justice is difficult because it attempts to crystalize the efforts of converging social movements that continue. nThis Article advocates more explicit acceptance of environmental justice a...

The nascent wave energy business is expanding at an impressive pace. For those favoring sustainab... more The nascent wave energy business is expanding at an impressive pace. For those favoring sustainable alternatives to fossil fuels it is not quick enough. Getting wave energy to the grid will require increased technical knowledge and a legal framework that encourages investment in this form of alternative energy. This Article examines various challenges to the goal of accelerating wave energy development within the sustainable development framework. Three recommendations for paving the road ahead are to establish the role of ocean renewables within the larger energy policy, to prioritize research that will prove the “green credentials” of wave energy, and to move forward with ecosystem-based zoning to facilitate restoration and sustainable longterm management of our oceans. We are at an important time for government to encourage the development of offshore areas as a source of sustainable renewable energy. The question of how to prioritize a variety of uses offshore must be answered b...

Ecology Law Quarterly, 2005

Federal law requires the removal of offshore oil and gas platforms from the seafloor at the end o... more Federal law requires the removal of offshore oil and gas platforms from the seafloor at the end of production. An exception to this rule allows a platform to stay on the seafloor if it is incorporated into a state artificial reef program. These "rig-to-reef" projects have been promoted as innovative public-private partnerships that address the dual problems of costly platform removal and disappearing fishing opportunities. I argue that the current legal framework fails to ensure habitat enhancement and may condone ocean dumping. The problem can be traced to three sources: federal and state competition on the outer continental shelf, lack of a comprehensive long-term federal vision for outer continental shelf development, and interest group pressure in the face of scientific uncertainty. I recommend that we revisit the bargain struck in rig-to-reef conversions. This article identifies the flaws in current law and proposes a more robust experimental model to ensure that public benefit is realized in rig-to-reef programs.