The following books are selected for their contribution to a particular aspect of legal border environmental issues (air pollution, water, hazardous waste, or natural resources), their ability to synthesize important historical or legal material, and their availability in the San Diego area.

Books (English language)

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M. Diane Barber, The legal dilemma of groundwater under the integrated environmental plan for the Mexican-United States border area [microform]. [San Antonio]: Saint Mary’s University, School of Law, 1993.
  LL.M thesis, also published in a slightly different for at 24 St. Mary’s Law Journal 639 (1993). Available at the USD Legal Research Center at K46 .H3 006-00027

Gerald Blake, et al., eds., International boundaries and environmental security. Great Britain: Kluwer Law International, 1997.
  Part of Kluwer’s International Boundary Studies Series, this volume contains two articles of note about maquiladoras and NAFTA’s role in changing the border environment. Available at the USD Legal Research Center at K3585.6 .I55 1997

Matthew Sean Brown, Determining spatial variability of fugitive dust emissions from paved and unpaved roads in Tijuana, Mexico. [San Diego, CA]: San Diego State University, 2000.
  Master’s thesis with bibliography. Dust control is an important aspect of border region air pollution. Available at SDSU.

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Huberto Celis, An overview of the protection of the environment in Mexico [microform] : the United States and Mexico mutual environmental efforts before and after the proposed North American free trade agreement : a Mexican perspective. [Houston]: University of Houston Law Center, 1993.
  LL.M thesis that includes bibliography; interesting that it is from the Mexican perspective in English. Available at the USD Legal Research Center at K46 .H3 006-00048

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Environmental Law Institute, Decentralization of environmental protection in Mexico: an overview of state and local laws and institutions. [?]: Environmental Law Institute, 1996.
  Excellent overview of various Mexican state and local laws, including Baja California, and examines the political structure and policy issues. Available at the USD Legal Research Center at KGF3421.D43 1996.

Environmental Protection Agency, U.S.-Mexico Border XXI program. Washington, D.C.: 1996.
  The Border XXI Program represents a binational effort to address environmental and public health challenges facing the border communities. Overview of issues, laws, and objectives for the future. Available at the USD Legal Research Center at TD 178.4 .M3 B65 1996.

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Matthew Fertig, Analysis of air pollution patterns using GIS and emission models in the Tijuana region. [San Diego, CA]: San Diego State University, 1998.
  Masters thesis with bibliography. Available at SDSU.

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Paul Ganster and Hartmut Walter, Environmental hazards and bioresources management in the United States-Mexico borderlands. Los Angeles: UCLA Latin American Center Publications, 1990.
  A special study on transboundary pollution and its effects on our natural resources. Includes bibliography. Available at the USD Copley Library at 363.732 E61

Paul Ganster and Eugenio O. Valenciano, The Mexican-U.S. border region and the Free Trade Agreement. San Diego, CA: Institute for Regional Studies of the Californias, San Diego State University, 1992.
  Includes a chapter of the border environment and free trade. Available at SDSU, UCSD

David B. Gaultney, A river inflamed [microform] : the effectiveness of laws governing Mexico’s transboundary industrial pollution along the Rio Grande. [Houston]: University of Houston Law Center, 1993.
  LL.M thesis, includes bibliography. Available at the USD Legal Research Center at K46 .H3 006-00057

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Lawrence A. Herzog, Shared space: rethinking the U.S.-Mexico border environment. La Jolla, CA: Center for U.S.-Mexican Studies, University of California, San Diego, 2000.
  Excellent overview of many of the environmental issues raised with the increase in trade, tourism and a growing border population; specific coverage of San Diego, California/Tijuana border issues. Includes bibliography. Available at the USD Copley Library at HC110.E5 S474 2000

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Sarah Hill, Domesticated responsibility: the making of the U.S.-Mexico border environment. [?]: Johns Hopkins University, 2001.
  Ph.D. thesis with bibliography. Available at UCSD.

Harald Hohmann, ed., Basic Documents of international environmental law [International Environmental Law & Policy Series]. Great Britain [Cornwall]:Graham & Trotman, 1992.
  This is part of an important series for International Environmental Law. This three volume set contains the texts of many international agreements, treaties, annexes, protocols, and conventions reprinted for the environmental law researcher. Available at the USD Legal Research Center at K3583 .B37 1992

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Milton H. Jamail and Scott J. Ullery, International water use relations along the Sonoran Desert borderlands. Tucson, Arizona: University of Arizona, 1979.
  A paper written for water law researchers, it covers the legal history of the U.S.-Mexico border struggle over Colorado River water, among other water sources. Also covers California-Mexico issues. Bibliography is interesting for its reliance on other university papers. Available at the USD Legal Research Center at TD223.9 .J35 1979

Pierre Marc Johnson & Andre Beaulieu, The Environment and NAFTA: understanding and implementing the new continental law. Washington, D.C.: Island Press, 1996.
  Remarkably complete review of the context in which NAFTA and NAAEC were created and negotiated; legal enforcement and dispute settlement provisions. Includes bibliography. Available at the USD Legal Research Center at KDZ670 .J64 1996.

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Mary Kelly, Facing reality: the need for fundamental changes in protecting the environment along the U.S./Mexico border. Austin, TX: Texas Center for Policy Studies, [1991].
  Includes bibliography. Available at UCSD.

Richard Kiy and John D. Wirth, Environmental management in North America’s borders. College Station, TX: Texas A&M University Press, 1998.
  An historical look at the dynamics of transboundary environmental agreements. Includes bibliography. Available at the USD Legal Research at GE320.N7 E58 1998.

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Allan Metz, A NAFTA bibliography. Westport, CT: Greenwood Press, 1996.
  Notable for its issue organization and subject index with references to the environment; covers 1988 to 1995. Great resource for articles, books, government documents and theses. Available at the USD Legal Research Center at KDZ944 .A12 M48 1996.

Mexico-U.S. Border Dialogue, The Mexico-U.S. border environment and economy: a call to action to make the Mexico-U.S. border region a model of bi-national cooperation and sustainability. Washington, D.C.: Aspen Institute, 2000.
  Available at UCSD

Suzanne Marie Michel, Place, power and water pollution in the Californias: a geographical analysis of water quality politics in the Tijuana-San Diego metropolitan region. [Boulder, CO?]: University of Colorado, 2000.
  Ph.D. thesis with bibliography, analyzes water quality management on both sides of the border. Available at UCSD.

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National Law Center for Inter-American Free Trade, Disparities between law and practice in the management of hazardous waste in the U.S. and Mexico. Tucson, AZ: National Law Center for Inter-American Free Trade, 1997.
  Excellent resource for legal context for cross-border movement of hazardous waste.

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Anne J. Obee, Spatial modeling of industrial air pollution and its relationship to residential areas in Tijuana, Mexico. [San Diego, CA]: San Diego State University, 1997.
  Master’s thesis covering industrial pollution; includes bibliography. Available at SDSU.

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Karen A. Riveles, Toxicity identification evaluation of wet and dry weather flows of the Tijuana River. [San Diego, CA]: San Diego State University, 1997.
  Master’s thesis in Public Health covering water pollution from the runoff from Tijuana. Available at SDSU

Gabriela Royer, NAFTA’s broken promises: the border betrayed: US.-Mexico border environment and health decline in NAFTA’s first two years. Washington, D.C.: Public Citizen, 1996.
  A joint study between Public Citizen’s Global Trade Watch and Red Mexicana de Accion frente al Lire Comercio. Available at SDSU and UCSD.

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Southwest Center for Environmental Research & Policy, Environmental research on the US/Mexico Border using geographical information systems: an electronic notebook. Salt Lake City, UT: Southwest Center for Environmental Research & Policy, 1999.
  An electronic resource on computer optical disc. Available at UCSD.

Southwest Center for Environmental Research & Policy, The U.S.-Mexican border environment: a road map to a sustainable 2020...San Diego, CA: Institute for Regional Studies of the Californias, 1999.
  This is a SCERP monograph. The SCERP website is a great place to look for research papers, articles and monographs at http://www.scerp.org. Available in paper at the USD Copley Library at HC79.E5 .U553 1999

Mark Spalding, Promising potential for the U.S.-Mexico border and for the future: an assessment of the BECC/NADBank institutions. [Vienna, VA?]: National Wildlife Federation, [1997].
  Available at UCSD.

Jeffrey Stoub, Business guide to environmental compliance in Mexico. Arlington, MA: Cutter Information Corp., [c1995 ].
  Includes discussion of Mexican environmental law and policy. Available at UCSD

Alan Sweedler, Paul Ganster, and Patricia Bennet, eds., Energy and environment in the California-Baja border region. San Diego, CA: Institute for Regional Studies of the Californias, San Diego State University, 1995.
  Available at SDSU and UCSD

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Texas Center for Policy Studies, Fulfilling promises: implementation of the Border Environment Cooperation Commission (BECC) and the North American Development Bank (NADBank). Austin TX: Texas Center for Policy Studies, 1994.
  Available at UCSD

Texas Center for Policy Studies, NAFTA and the U.S./Mexico Border environment: options for congressional action. Austin, TX: Texas Center for Policy Studies, [1992].
  Available at UCSD.

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University of San Diego, Cinco de mayo conference on Mexican law. [San Diego, Calif.] : University of San Diego School of Law, [1998].
  Has a series of experts comment on the latest developments in Mexican law, including new administrative penalty regulations, criminal code for environmental crimes, all in a section called "Environmental Issues on the U.S-Mexican Border." Available at the USD Legal Research Center at KGF327 .C56 1998

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Barbara G. Valk, ed., Borderline: a bibliography of the United State-Mexico Borderlands. [Los Angeles?]: UCLA Latin American Center Publications, 1988.
  This is a terrific bibliography of border region materials in the sciences, social sciences, and the humanities arranged by subject followed by an author index. Most of the cited works appeared between 1960 and 1985, but some are earlier. It cites books, serial titles, journal articles, chapters and sections of books, government documents, conference proceedings, and many other materials. Topics include: Environmental Characteristics (Land Use, U.S. Borderlands, Mexican Borderlands); Environmental Hazards; Air Quality; Water Quality (Law and Legislation); Hazardous Materials and Waste Disposal. Various sections related to laws on both sides of the border. Available at the USD Legal Research Center at KGF3725.A12 V34 1988

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Sidney Weintraub, ed., U.S.-Mexican industrial integration. Boulder: Westview Press, 1991.
  Contains a chapter on the impact of industrialization on the environment. Available at the USD Copley Library at 337.72073 U581

John D. Wirth, Smelter Smoke in North America: the politics of transborder pollution. Lawrence, Kansas: University Press of Kansas, 2000.
  Historical and legal perspective of cross-border air pollution; includes a good index and lengthy bibliography that contains published and unpublished government reports. Available at the USD Legal Research Center at TD888.M4 W57 2000

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Books (Spanish language)
These books are either introductory, recent or contain significant information that would be helpful to the Spanish language researcher in environmental law. Remembering that significant environmental legislation was passed in Mexico in 1988 and 1996, many of these books lead up to, comment and reflect upon those changes in environmental protection laws.

Raul Branes, Derecho Ambiental Mexicano. Mexico: Universo Veintiuno, 1987.
  Reflects the laws regulating environmental protection before the enactment of the General Law. Available at the USD Legal Research Center at KGF3421.B73 1987

Mercedes Campos Diaz Barriga. La responsabilidad civil por danos al medio ambiente: el caso del agua en Mexico. Mexico: Universidad Nacional Autonoma de Mexico, 2000.
  This book focuses exclusively on the environmental impact of society and laws on water issues. Includes bibliography and index. Available at the USD Legal Research Center at KGF3425.D42 2000

Hector Luis Morales, La Revolucion Azul? Acuacultura y ecodesarrollo. Mexico: Editorial Nueva Imagen, 1978.
  Includes an impressive bibliography. Available at the USD Legal Research Center at SH135.M67 1978

Jose Juan Gonzalez Marquez, Nuevo derecho ambiental Mexicano [New Mexican environmental law]. Mexico:Universidad Autonoma Metropolitana-Azapotzalco, 1997.
  Covers a wide range of political and legal areas of the impact of environmental laws passed in the mid 1990s. Available at the USD Legal Research Center at KGF3305.G66 1997

Jose Juan Gonzalez Marquez & Ivett Montelongo Buenavista, Introduccion al derecho ambiental mexicano. Mexico:Universidad Autonoma Metropolitana-Azapotzalco, 1999.
  Introductory text with wide ranging topical overview of Mexican environmental laws; by a practicing attorney and respected environmental expert. Available at the USD Legal Research Center at KGF3421.G66 1999

Raquel Gutierrez Najera, Introduccion al estudo del derecho ambiental, 2a edicion. Mexico: Editorial Porrua, 1999.
  This is noteworthy for its inclusion of international laws affecting Mexico, as well as a glossary, bibliography, and complete index. Available at the USD Legal Research Center at KGF3421.G87 1999

Jose Herrera Pena, Acuacultura en Mexico: historia y legislacion. Mexico: Departamento de Pesca, 1981.
  An historical look at the laws of the sea in Mexico, including fishing limits and other laws impacting the environment. Available at the USD Legal Research Center at SH39 .H47 1981

Ley general del equilibrio ecologico y la proteccion al ambiente: leyes y codigos de mexico. Mexico: Collection Porrua, 1993.
  Good for giving the actual text of the statutes and regulations in force at the time; even better – a listing of all the relevant federal and state codes involving environmental law. Available at the USD Legal Research Center at KGF3421.A31987 A7 1993

Jose David Garcia Saavedra & Agustina Jaimes Rodriguez, Derecho ecologico mexicano. Hermosillo, Sonora [Mexico]: Universidad de Sonora, 1997.
  An analysis and text of Mexican environmental laws by respected academics. Available at the USD Legal Research Center at KGF 3421.G37 1997

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Articles
An excellent bibliography on the Internet is at the CEC web site at http://www.cec.org/. It is organized into the following sections: Comparative Works On The Environmental Laws, Regulations, And/Or Policies Of Mexico, Canada, And/Or The United States;.U.S. Sources Summarizing The Environmental Laws Of Mexico And Canada; and Transboundary Issues (which includes Air Quality And Acid Rain, Hazardous Waste, and Water.

The following articles are selected for their contribution to a particular aspect of legal border environmental issues (air pollution, water, hazardous waste, etc.), their ability to synthesize important historical or legal material, and their availability in the San Diego area. Many are taken from law journals that will become familiar to the researcher in border environmental law because of their devotion to environmental legal issues.

Robert Bejesky, An Analytical appraisal of public choice value shifts for environmental protection in the United States & Mexico, 11 Indiana International & Comparative Law Review 251 (2001).
  Interesting analysis of U.S. and Mexican cultural and institutional dynamics on the enforcement of environmental laws and the sustainable development debate: whether industrialization and environmental protection can be balanced.

Christopher N. Bolinger, Assessing the CEC on its record to date, 28 Law & Policy in International Business 1107 (1997).
  This note discusses the merits of the Commission for Environmental Cooperation (CEC) and whether it can make a difference in border environmental issues; Bolinger argues the CEC is a viable institution despite its flaws.

Beatriz Bugeda, Is NAFTA up to its green expectations? Effective law enforcement under the North American agreement on environmental cooperation, 32 University of Richmond Law Review 1591 (1999).
  In the Allen Chair Symposium 1998 Resolving International Environmental Disputes in the 1990s and Beyond, Bugeda discusses dispute resolution mechanisms under NAAEC with special attention to the Cozumel Submission regarding a Mexican cruise ship pier project.

Scott D. Calahan, Note, NIMBY: not in Mexico’s back yard? A case for recognition of a human right to healthy environment in the American states, 23 Georgia Journal of International & Comparative Law 409 (1993).
  Well cited note regarding human rights and environmental hazards policies.

Sejal Choksi, The Basel convention on the control of transboundary movement of hazardous wastes and their disposal: 1999 Protocol on liability and compensation, 28 Ecology Law Quarterly 509 (2001).
  Argues that the lack of support from the world’s leading generator of hazardous wastes – the United States – poses a clear threat to the potential success of the Basel Treaty and Protocol.

Lisa Corbin, et al, Note, The Environment, free trade, and hazardous waste: a study of the U.S.-Mexico Border environmental problems in light of free trade, 1 Texas Wesleyan Law Review 183 (1994).
  This note discusses this history behind NAFTA, a comparison of the U.S. and Mexican legal systems, NAFTA provisions relevant to environmental issues, bilateral and multilateral agreements, and a suggested model for a NAFTA Environmental Court.

Lucien J. Dhooge, The North American free trade agreement and the environment: the lessons of Metalclad corporation v. United Mexican States, 10 Minnesota Journal of Global Trade 209 (2001).
  This article traces and analyzes the Metalclad case, which confirmed environmentalist fears that NAFTA’s rules for international investors might open up opportunities to attack environmental laws and regulations. This was a Mexican case and the article gives a good overview of the relevant Mexican environmental agencies.

Kristi Fettig, Criminal and civil remedies for transboundary water pollution, 15 The Transnational Lawyer 117 (2002).
  Great student comment on various remedies for border water pollution, including discussion of relevant California code sections and the federal Resource Conservation & Recovery Act (RCRA), and the Restatement 2d of Foreign Relations Law.

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Jack I. Garvey, A New evolution for fast-tracking trade agreements: managing environmental and labor standards through extraterritorial regulation, 5 UCLA Journal of International Law and Foreign Affairs 1 (2000-2001).
  The impact of trade agreements on the U.S.-Mexico environment is discussed, with special attention given to energy and environment issues in the California-Baja California border region; discusses the maquiladoras

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John S. Harbison and Taunya L. McLarty, A Move away from the moral arbitrariness of maquila and NAFTA-related toxic harms, 14 UCLA Journal of Environmental Law & Policy 1 (1996).
  This article examines toxic harms created by border hazardous waste, the consequences of such harmful waste, and some solutions for assessing liability.

Hector Herrera, Mexican environmental legal framework, 2 San Diego Justice Journal 31 (1994).
  In a NAFTA symposium at a San Diego law school, Herrera explains the Mexican environmental legal framework.

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Paul Stanton Kibel, The Paper tiger awakens: North American environmental law after the Cozumel reef case, 39 Columbia Journal of Transnational Law 395 (2000-2001).
  Interesting diplomatical, historical, and legal analysis of North American environmental law in view of the tourist trade’s impact on the fragile ecosystem of the Cozumel reefs; excellent citation to legal authority and secondary materials. Examines the citizen submission process under the North American Agreement on Environmental Cooperation (NAAEC).

John H. Knox, A New approach to compliance with international environmental law: the submissions procedure of the NAFTA environmental commission, 28 Ecology Law Quarterly 1 (2001).
  Fairly recent coverage of the issues regarding Mexican and U.S. compliance with international law, recognizing the procedures of the NAAEC.

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Loyola of Los Angeles International and Comparative Law Journal, Symposium: Free trade and the environment in Latin America, 15 Loyola of Los Angeles International and Comparative Law Journal No. 1 (1992).
  This issue is devoted to the great need for global environmental protection in the face of new aggressive trade laws among and between nations. Section III is about "The North American Free Trade Agreement and the Environment," and contains several articles on environmental protection in Mexico.

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Howard Mann, NAFTA and the environment: lessons for the future, 13 Tulane Environmental Law Journal 387 (2000).
  This article discusses developing international trade law and sustainable development and how it can be improved in the future.

Malissa Hathaway McKeith, The environment and free trade: meeting halfway at the Mexican border, 10 Pacific Basin Law Journal 183 (1991).
  Fascinating look at the pre-NAFTA issues, discussion of the U.S. vs. Mexican legal frameworks and what it will take to create a successful NAFTA agreement; interesting to compare with what has really transpired.

Ignacia S. Moreno, et al., Free trade and the environment: the NAFTA, the NAAEC, and implications for the future, 12 Tulane Environmental Law Journal 405 (1999)
  Outstanding overview of NAFTA environmental provisions and how they work.

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Natural Resources Journal, Articles from the La Paz symposium on transboundary groundwater, 40 Natural Resources Journal No. 2 (Spring, 2000).
  This issue is devoted to US-Mexico-Border groundwater issues, including discussion of a binational watershed, and binational management of transboundary groundwater.

Natural Resources Journal, Article from Water issues in the U.S.-Mexico borderlands, 40 Natural Resources Journal No. 4 (Fall, 2000).
  This issue is devoted to an overview of water legal issues on the border, an historical overview, ecosystems, conflicts between border farmers and institutional change, and conservation efforts along the border.

Martha N. Neville, Who’s Singing the Mexicali Blues: how far can the EPA travel under the toxic substances control act?, 50 Journal of Urban and Contemporary Law 236 (1996).
  Interesting for its discussion of U.S. subpoena power over U.S. parent companies in Mexico; places blame on maquiladora companies for illegal dumping of hazardous waste under the TSCA.

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Lawrence J. Rowe, NAFTA, the border area environmental program, and Mexico’s border area: prescription for sustainable development?, 18 Suffolk Transnational Law Journal 197 (1995).
  Excellent overview of Mexican law as of 1995, its cooperative agreements with the U.S. related to the border and NAFTA; well footnoted.

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