Mirror of Justice

San Diego & Orange County California Environmental Attorney Asks Why Isn’t More Action Isn’t Taking Place to Reduce Global Warming

July 14th, 2009 at 04:37pm Under Environmental Law

If you care about the environment, no matter if you live in Corona del Mar, La Jolla, Del Mar, Encinitas, Carlsbad, Oceanside, San Marcos, Vista and Escondido, San Diego, Huntington Beach, Westminster, Buena Park, San Luis Obispo, Cambria, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, or Laguna Hills or work in San Clemente, San Juan Capistrano, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Yucca Valley or Twentynine Palms, everyone has an opinion about global warming.

 

As an environmental attorney, and with all the recent footage coming in from around the world, it is clear not only that global warming is a problem, it is getting worse, and action is needed immediately.

 

What’s stopping action from taking place? Oil companies and energy companies of all kinds, some of whom reportedly spend more to confuse people and the issue than they do on alternative energy research.

 

Who else is at fault? Sadly, the Republican party, the executive actions of George Bush and what he has forced government agencies to do, and other groups, who because of their Republican support, were slow getting on the bandwagon.

 

The issue has also brought us some surprising heroes. Governor Schwarzenegger of California. Ex-President and Nobel Prize Winner, Al Gore. And scientists around the world.

 

One only need turn on the television to see the melting arctic ice, or to hear that polar bears are being forced to become cannibals to be concerned at how little is being done and how much is being done to confuse and fight those who are concerned about the environment. Even Senator McCain stands against his own running mate, Sarah Palin on environmental issues.

 

School children know more about the issue than adults because they study the science and refuse to believe the lies and false websites put out by the energy companies.

 

And yet, except for America, and China, the world seems to be as one, united in the fight against global warming. While more is being done around the world despite the obstinance of the U.S. and China, so much more could be accomplished if we had elected a leader in this area instead of one who led us into a costly and unnecessary war.

 

One can only applaud companies who are involved in renewable energy sources such as solar, and wind power, the building of energy free homes, environmental groups and the efforts of Governor Schwartzenegger to make California a leader in the world in reducing carbon dioxide emissions and other greenhouse gasses.

 

It will take all of us to make the changes we need to save our planet, our environment and the animal species that are so much at risk. Only this week, in the news for October 2008, it was widely reported that one in four mammals face extinction. Yet, amazingly, there are still people who will either not believe that man is either the cause of global warming or who feel that it would be too costly to the economy to take actions to help the environment such as reducing greenhouse gasses.

 

It is hoped that with greater public awareness, and better education to our school children of the environmental problems we face, that when this new generation grows up demanding change and they ask the current generation how we could have let this problem get so bad without doing more to prevent it, it will not be too late to reverse the effects of mankind’s damage. 

 

 If you have an environmental legal matter in Orange County, San Diego, in Riverside, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Environmental Lawyers, and Orange County and San Diego Environment Attorneys. For this reason, be sure to hire a California law firm with environmental lawyers who can represent you from Palm Desert to Big Bear, Santa Ana, Chula Vista, Julian, Santa Barbara, San Luis Obispo, Carlsbad, Ventura and Malibu.

 

If you have an environmental matter and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn about your rights and options and how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

Coachella Valley & Imperial Valley Agricultural Attorney Looks at the New Country of Origin Labeling Law (cool) and How it Will be Applied

July 14th, 2009 at 08:58am Under Consumer Law

No matter where you live in California, whether it is in a farming or agricultural area or city such as the Coachella Valley, the Imperial Valley, San Diego, CA, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Newport Beach, Huntington Beach, Orange County, Anaheim, Camarillo, Irvine, Santa Ana, Costa Mesa, Yorba Linda, Fullerton, Ontario, Rancho Cucamonga, Riverside, San Bernardino, Temecula, Palm Springs, Palm Desert, Victorville, Santa Barbara, Santa Ynez, Ventura, La Jolla, Del Mar, San Marcos, Encinitas, Solana Beach, Fallbrook, Pacific Beach, El Cajon, Chula Vista, or Escondido, you will be pleased to see a change at the grocery store when you buy food and drink, or agricultural products.

The change has to do with the law. No, California agricultural lawyers won’t be in the produce aisle. And California food and drink or regulatory attorneys won’t be lurking near the frozen foods. California personal injury attorneys won’t be looking for slip and fall accident victims. But the change will please customers nonetheless. 

Until now, most consumers had no idea from which country the food they were eating came from. With the new COOL (Country of Origin Labeling) law taking effect after September 30, 2008, all that will change, with a few exceptions and a few quirks.

After years of lobbying for delays by grocery lobbying groups who argued the law would be too costly to implement, and who lobbied for delays, COOL has at last taken effect.

Now when you buy that apple, pick up a package of most meats, or bag a head of lettuce, you will be able to glean from either a label, sticker or notice of some kind what country it came from. Unfortunately, as of yet, the law does not extend to dairy products and with the milk scare from China, one can hope that calls for it to be expanded to include these products will be heeded.

The law also does not apply to organ meats such as heart, liver or kidney but how many households see those meats on the dinner table?The law also provides exceptions for processed foods such as bacon or everyone’s favorite, Spam, foods that are mixed together such as peas and carrots, but it’s likely to help consumers feel much safer in being able to avoid food from certain countries, especially during food poisoning outbreaks, and feel better able to buy American if they want to.

The law was established in the 2002 Farm Bill, but was successfully delayed by lobbying groups until now. Concern about unsafe imports from China and elsewhere finally overcame food industry efforts to delay it. It was amended in the 2008 Farm Bill to include more foods. Retailers have six months to get to know the regulations and come into compliance (so there’s a grace period here). Then the government is supposed to announce a final set of regulations incorporating seafood and shell fish regulations already in effect.

The law makes one think that lobbying efforts may be the reason for some of the strange distinctions in COOL. For instance macadamia nuts are included, but not walnuts. Did the walnuts have a better lobbyist than the macadamia nut lobbyist, or was the macadamia state senator absent when the Farm Bill was passed?

There are also exceptions in COOL for butchers, fish markets, restaurants, restaurants in hotels, school cafeterias, and small retailers. Additionally if spices, sauce or breading has been added, no labeling is required. Though not exactly food, the law also does not apply to pharmaceuticals, though there are calls to extend the law to them. Produce mixed in displays may simply be labeled as being “from two or more countries of origin.”

Consumers are likely going to be surprised when they see how much of their food is imported. “I’ve been eating what?” and “This comes from where?” will likely be heard by check out clerks as consumers stand in line and look over the new labels.

COOL has long been a goal of U.S. farmers and ranchers who believe that identifying foreign food imports may encourage shoppers and manufacturers to buy more U.S. foods. Meat packers, on the other side of the barbed wire, opposed COOL citing the costs it will involve in its implementation.

But as this country’s economic crisis grows, shoppers may be more and more inclined to buy American not just for safety but to help other Americans. Who nicer to help than American farmers?

Lawmakers and consumer groups are angry that the USDA seems to be attempting to evade congressional intent by allowing steaks and other meat cuts to be labeled with multiple country of origin labels. Congress only intended that exception for ground beef or for animals raised in more than one country. It has been said that there is a chasm of difference between the statutory language that was passed by Congress and the rule allowing multiple of country origin labels drafted by the USDA.

It has been suggested by some that it was meat packers who didn’t want the obligation to sort out cattle from Canada and Mexico, who are the reason why at least to start, beef may be labeled with just a North American country of origin label, as opposed to a U.S. country of origin label. Sadly, with this country’s lack of geographical knowledge (just watch Jay Leno when he asks people on the street where Canada is), many people will assume that “North American” means that the beef couldn’t possibly have come from outside the U.S., much less Mexico.

Consumer advocacy groups hope that the USDA will make rule changes as it receives more feedback. Thirty-one Senators, including Barack Obama have already written the Agriculture Secretary calling for more restrictive meat labeling rules. U.S. Cattlemen have also asked the USDA to address the loophole for beef and see that the statute is faithfully implemented.

There are other discrepancies with how the law will be applied. Fish caught off the coast of Alaska by a Chinese or Japanese owned ship may be labeled as a product of China or Japan. Beef raised in another country that spends 30 days in a feed lot in the U.S. can be labeled as coming from the U.S.

Retailers are given discretion how they label the food. Meat counters, for instance, may simply list all the countries where the meat is produced, or they can label each cut. Hamburger will still likely give the consumer pause as meat that is ground up may come from numerous countries.

Since all chicken and goat consumed in the U.S. comes from the U.S., the chicken and goat industries asked to be included in the law.

Once compliance goes into effect, businesses may be fined $1,000 per violation. The law is expected to cost at least $2 billion to implement.

If you have an agriculture, food & wine or agricultural issue in the Coachella Valley, San Diego, Palm Springs, Orange County or anywhere in Southern California, we have the knowledge and resources to be your Coachella Valley Agriculture Lawyers, and Palm Desert and Newport Beach Food & Wine Attorneys. For this reason, be sure to hire a California law firm with agriculture lawyers who can represent you from Brawley to El Centro, Palm Springs, Laguna, Newport and Huntington Beach, Corona del Mar, Anaheim, Irvine, La Jolla, Santa Barbara, Santa Ynez, Palm Desert, Yorba Linda, Carlsbad, San Diego, Costa Mesa, Westminster, and Murrieta, to Indian Wells and La Quinta.

If you have an agricultural or food and wine issue, and need to know your rights, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you. You can also call us to speak directly to Sebastian Gibson on the phone about your legal matter.

Santa Barbara, Oxnard & Ventura California Energy Law Attorney Considers the Effect of Lifting of the Ban on Offshore Drilling – None

July 13th, 2009 at 04:37am Under Environmental Law

Anyone who lives in Southern California or who appreciates the coastline from San Diego to San Francisco has seen the offshore oil rigs along the coast of Santa Barbara, Oxnard, Ventura and Long Beach. If you live in any of the other coastal cities such as Corona del Mar, San Diego, Pacific Beach, Mission Beach, La Jolla, Del Mar, Encinitas, Solana Beach, Cardiff, Carlsbad, Oceanside, San Clemente, San Juan Capistrano, Laguna Beach, Newport Beach, Huntington Beach, Pismo Beach, Morro Bay, Cambria or San Simeon you see something different – pristine beaches without offshore oil rigs. 

In the midst of America’s financial meltdown and on the same weekend as Congress put together a $700 billion bailout, Congress did away with a 26 year ban on offshore oil drilling to the dismay of environmentalists. The Drill Now movement and chants of “Drill, Baby, Drill” may have won a small skirmish on this environmental issue, but California will have the last word.

Despite the ban on offshore oil drilling, it is believed that such drilling, at least off the coast of California is unlikely to occur for many years, if ever. Democrats in Congress are already vowing to reinstate the ban when a new Congress takes their seats in four months. And political opposition, marine protection laws and almost certain lawsuits by environmental groups in California make offshore oil drilling an unlikely event.

First, there is a general belief of Californians, including the Governor, that the California coastline is an international treasure, not to mention a draw to tourists from around the world. Few politicians in the state would dare to jeopardize that treasure.

Second, a law passed by former Governor Pete Wilson already bans all offshore oil drilling in California out to three miles from shore.

Third, there are 300 miles of national marine sanctuaries along the California coast which ban oil drilling.

Fourth, nearly every coastal county in the State of California has enacted ordinances banning new oil pipelines, oil terminals and tanks in the State.

Fifth, environmental groups are already vowing to file lawsuits, and they could be joined by the California Coastal Commission.

While California has around 30 oil platforms off the coast of Santa Barbara, Ventura and Long Beach that were built in the 1950s, no new oil platforms have been built in over 50 years.

It is estimated that California has at least 10.5 billion barrels of oil offshore – about a year and a half of the nation’s yearly supply. This is comparable to the estimate of oil in the Alaskan National Wildlife Refuge (ANWR).

But if anything, despite the oil crisis and the financial crisis, in light of global warming and calls for investment in alternative energies, Californians are becoming more and more environmentally aware. Any politician running on any platform (oil or not) based on drilling offshore at a risk to the California scenic coastline, will have a hard time being elected.

If you have an oil, natural resources, energy or environmental law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Energy Lawyer and your Ventura Environmental Attorney. Be sure to hire a California law firm with environmental law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.

If you have a water law, oil, energy, natural resources or environmental dispute of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com  and learn how we can assist you.