September 2009 - Legal Planet

Month: September 2009

Mountaintop removal review moves to next stage

EPA finished September with a flourish. In addition to proposing New Source Review rules for greenhouse gas emissions and pushing for TSCA reform, the agency took the next step toward a crack-down on mountaintop removal. On September 11, EPA announced preliminary plans to review all 79 pending permit applications. Today, after considering public comment, it …

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Jackson Announces Proposed New Stationary Source Rules for Greenhouse Gases

EPA Administrator Lisa Jackson, speaking at the California Governor’s Global Climate Summit, has announced a proposed new Clean Air Act rule requiring new and modified stationary sources to install the best available control technology to control greenhouse gas emissions (GHGs). The text of the proposed new rule can be found here. According to a press release about …

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Jackson Comes Out Swinging on TSCA, But Pulls Some Critical Punches

EPA Administrator Lisa Jackson delivered a one-two combination in chemical policy on Tuesday, announcing principles for legislative reform of TSCA while directing the agency to publicize administrative “enhancements” to the existing program. At a speech in San Francisco, the Administrator presented the Obama Administration’s “Essential Principles for Reform of Chemicals Management Legislation,” a set of …

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Small Steps on Nanosilver

Regulation often develops through accretion rather than bold paradigm shifts, at least in its nascent stages. Nanotechnology appears to be no exception. In mid-September, the agency announced an upcoming meeting of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) focused on the use of nanoscale silver and other nanomaterials in pesticides. …

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A Better Day for Salmon on the Klamath River

Why would a major utility corporation agree to remove four of its hydroelectric power plants and pay hundreds of millions of dollars for the privilege? As the San Francisco Chronicle reports, that is exactly what would happen under a tentative agreement between PacifiCorp and various other parties, including several American Indian tribes. The dams in …

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Inching closer to Klamath dam removal

Today’s San Francisco Chronicle has encouraging news for the Klamath River. In this front-page story, Peter Fimrite reports that a final agreement has been reached “among 28 parties, including American Indian tribes, farmers, fishermen and [PacifiCorp,] the hydroelectric company that operates the dams,” subject to formal ratification by their various boards, commissions, and councils. A …

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Boxer-Kerry pre-draft released

UPDATE: The full bill as introduced is posted here on Senator Kerry’s web site, and a 19-page section-by-section summary is here. (Hat tip: Ben Somberg, Center for Progressive Reform.) Senators Boxer and Kerry are expected to introduce their greenhouse gas regulation bill on Wednesday. The Washington Post has posted what it describes as a “close-to-final” …

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Climate Change Lesson #4: Small Ordinary Things Add Up in a Big Way

This is the fourth in a series of short homilies about climate change. In terms of climate change, the contribution of any one automobile, light bulb, or felled tree is microscopic. Put enough of these together and you can change the temperature of the world for centuries to come. It’s hard to believe – and …

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It’s the Enforcement, Stupid!

We rightly celebrate large legislative environmental victories like the passage of the Clean Air Act, the Endangered Species Act and the National Environmental Policy Act. Europeans, too, are proud of accomplishments such as the establishment of the European Union Emission Trading System to address greenhouse gas emissions through cap and trade and the passage of sweeping legislation, …

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Climate Change Lesson #3: Everything is Connected to Everything Else

This is the third in a series of short homilies about the lessons of climate change. Barry Commoner called this the first law of ecology. Because “everything is connected to everything else,” he said: the system is stabilized by its dynamic self- compensating properties; these same properties, if overstressed, can lead to a dramatic collapse; …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Month: September 2009

TRENDING

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not much. If at all.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.