March 2010 - Legal Planet

Month: March 2010

The Utah Legislature Flunks Law School

Holly mentions Utah’s quixotic, somewhat deranged attempt to seize federal lands by eminent domain, correctly observing that federal law would pre-empt any state eminent domain action. One might also mention McCulloch v. Maryland (1819), which held that a state cannot tax a federal agency. If a state can’t tax a federal agency, how in the …

Continue reading “The Utah Legislature Flunks Law School”

We Interrupt This Blog…

…in order to outsource it to John Cole of Balloon Juice, who pretty much says it all regarding the fact that the scientists involved in “Climategate” were exonerated by a House of Commons investigation: Sadly, Al Gore is Still Fat, So I’m Not Sure Anyone Will Care by John Cole I’m sure the media and …

Continue reading “We Interrupt This Blog…”

Say goodbye to the mothball fleet

Settling litigation brought by environmental groups and later joined by state officials, the US Maritime Administration has agreed to remove the mothball fleet (also known as the ghost fleet) from Suisun Bay near San Francisco. The fleet consists of 52 obsolete warships that have been stored in the Bay for decades with little or no …

Continue reading “Say goodbye to the mothball fleet”

Obama, Offshore Drilling, and Aikido

Concerning Obama’s new offshore drilling policv, it’s hard to disagree with the sentiment expressed by Matt Yglesias, Steve Benen, and Kevin Drum: why give a concession without getting anything in return? House Minority Leader John Boehner responded with a typically reality- and lithium-deprived statement. saying that “the Obama Administration continues to defy the will of …

Continue reading “Obama, Offshore Drilling, and Aikido”

Ons Small Step for Insurers: New Insurance Product for Nanomaterials

Someone has taken the leap in the insurance industry. Financial.com reported today that Lexington Insurance Company is offering LexNanoShield, a product overing “liability coverage that provides protection for general liability, product liability, product pollution legal liability and product recall liability exposures.” The coverage, on a claims made basis, is available to nano manufacturers and users. Coverage …

Continue reading “Ons Small Step for Insurers: New Insurance Product for Nanomaterials”

To Save the Planet…Drill of For Oil?

In his State of the Union address this past January, President Obama found a way to equate greenhouse gas reduction and clean energy jobs with an increase in offshore drilling. If he were to agree to more offshore leases, perhaps reticent members of Congress would support the kind of energy legislation needed to address climate …

Continue reading “To Save the Planet…Drill of For Oil?”

Does anybody really know what electricity costs? Does anybody really care?

Just about everything that energy utilities and their regulators do has some kind of impact on the environment – even when all they are doing is setting electricity rates. So, when PG&E (California’s largest electric company) proposed a new residential rate structure last week, some were left wondering: as far as the environment is concerned, …

Continue reading “Does anybody really know what electricity costs? Does anybody really care?”

Toothless Toxic Regs

The NY Times “economic scene” column has an interesting column about toxics. Current regulations are largely ineffectual. Case in point: zinc in denture cream, which turns out to be at a high enough level to cause neurological damage for some users. The product stayed on the market for years despite rising evidence, and some of …

Continue reading “Toothless Toxic Regs”

Deja vu all over again

Remember the Sagebrush Rebellion and the County Supremacy Movement? They were attempts in the 1970s-80s and 1990s, respectively, by state and local governments in the west to assert control over federal lands. They didn’t make any legal progress because of the pesky Supremacy and Property Clauses of the US Constitution, which declare that the federal …

Continue reading “Deja vu all over again”

Bully pulpit for nature

For those tired of the wrangling in Washington over legislation, there is some good news. For some time now, the Obama Administration has been taking matters into its own hands on the regulatory front (including fuel efficiency / greenhouse gas emission regulations for cars that should be finalized any day; greenhouse gas emissions reporting requirements …

Continue reading “Bully pulpit for nature”

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.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Not All Community Benefits Are Created Equal

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

Climate Change and Nigeria

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

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.

The New EPA Car Rule Doesn’t Violate the Major Questions Doctrine

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

Critical Insights on the Mineral Boom: Part III

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

Month: March 2010

TRENDING

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.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Technical Assistance for Underserved, Environmental Justice, and Tribal Communities Will Be Key to Ensuring Meaningful California Offshore Wind CBAs

A population explosion. Sluggish economy. Weak governance. Serious climate impacts. What could possibly go wrong?

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.

They both relate to climate, but West Virginia v. EPA involved a very different regulation raising very different issues.

On the rise of resource nationalism and building an equitable supply chain: Insights from the Emmett Institute’s “Powering the Future” symposium.

Probably not much. If at all.

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.