Month: March 2016

Trump vs. EPA

To combat the anti-environmentalism of his base, we need to stress public health issues.

Donald Trump wants to abolish EPA and leave environmental regulation to the states.  Given that many environmental problems cross state lines, it’s not clear how he thinks this would work.  But never mind that.  A more immediate problems is understanding why this position may appeal to his core voters. For candidates like Cruz, it’s not hard …

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500 Points of Light

How do law schools promote environmental law? Let me count the ways.

My favorite Sesame Street character is the Count.*  Like him, “I love to count Things.”  A list of law school programs in environment and energy law, recently compiled by Ed Richards at LSU,  gave me the opportunity to do just that.  Here are some of the things that I counted: 39 environmental law clinics 40 LLM …

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Fukushima + 5

What’s happened since then?

Five years ago today, Japan was hit by a huge earthquake and tsunami, resulting in the Fukushima reactor meltdowns.  Where do things stand today?  Here’s a quick wrap-up: Compensation.  TEPCO, the utility operating the reactors, now estimates that it will pay $56 billion in compensation to victims. Clean-up.  The plant has been stabilized, according to …

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The Devil is in the Design: Forming California’s New Groundwater Agencies

By Dave Owen and Mike Kiparsky

Cross-posting from the Environmental Law Prof Blog. This post was written by Dave Owen and Mike Kiparsky. It is based on a recent report, co-authored with Nell Green Nylen, Holly Doremus, Barb Cosens, Juliet Christian-Smith, Andrew Fisher, and Anita Milman.    Not that long ago, the opening words of one of Joe Sax’s articles described California pretty well. “We Don’t …

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The Supreme Court Vacancy and EPA’s Mercury Rule

The rule limiting toxic pollution from coal plants now has a rosier future.

Among the many ramifications of the current vacancy on the bench, its effect on the EPA’s mercury rule seems to have escaped much attention.  It may already have helped EPA defeat an effort by states to get a stay from Chief Justice Roberts.  But it has much broader significance. Some background: The Supreme Court, in a …

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Another California Regulatory Agency in Crisis: Southern California’s Air Quality Management District Fires Longtime Executive Officer

Barry Wallerstein’s Ouster from SCAQMD Signals Tilt Away from Protection of Public Health

In a move that shocked the environmental advocacy community and low-income communities of color that suffer most from the impacts of poor air quality in Los Angeles, the governing board of the South Coast Air Quality Management District fired its longtime executive officer Barry Wallerstein today, voting 7-6 in closed session to remove him from …

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Roberts Denies Mercury Stay

A state effort to suspend implementation fails.

Chief Justice Roberts turned down a request this morning to stay EPA’s mercury rule.  Until the past month, this would have been completely un-noteworthy, because such a stay would have been unprecedented.  But the Court’s startling recent stay of the EPA Clean Power Plan suggested that the door might have been wide open.  Fortunately, that …

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San Jose’s Inclusionary Housing Ordinance Dodges Supreme Court Bullet

Justices Deny Review of California Supreme Court Decision Upholding San Jose Measure

Advocates of the City of San Jose’s controversial inclusionary housing ordinance, which was upheld in a 2015 California Supreme Court decision, are breathing a sigh of relief this week.  That’s because the U.S. Supreme Court has denied the California Building Industry Association’s petition for certiorari in the case.  But the available evidence suggests that the High Court …

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Lessons From Flint

A public-minded researcher discovers serious contamination of drinking water. His efforts to alert local officials are rebuffed. Concerned over how this will affect their reputation and the town’s economy, the authorities sit on the evidence and deny any problems. All the while, trusting people continue to drink unsafe water. While the setting may call to …

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