A New Low for Fictional News Network

Guess which cable news network misleads on climate?

Well, what a shock: To gauge how accurately [cable news] networks inform their audiences about climate change, the Union of Concerned Scientists analyzed the networks’ climate science coverage in 2013 and found that each network treated climate science very differently. Fox News was the least accurate; 72 percent of its 2013 climate science-related segments contained […]

Continue Reading

Statutes of Limitations, Statutes of Repose, and Latent Harms

A warning sign posted outside the CTS property.  Credit: Jeremy P. Jacobs.

Can plaintiffs harmed years after exposure to toxic substances seek relief?

You may not have heard of CTS Corp. v. Waldburger.  At a glance, it is relatively unremarkable, a private nuisance suit between landowners and a retired manufacturing facility.  Much of the work on the plaintiffs’ side has been handled by students.  In a sense, the case hasn’t even begun yet—a judge found that the plaintiffs waited […]

Continue Reading

Going, Going, Gone

sixth extinction

Despite it’s depressing subject, Elizabeth Kolbert’s The Sixth Extinction is a great read.  She travels around the world, from a “hotel” for endangered frogs in Panama to an outdoor biodiversity experiment in the Peruvian rainforest to an endangered rhino’s rectal exam in Cincinnati.  Yet, there’s no denying that the topic is a downer.  The title implies that we […]

Continue Reading

Fukushima + 3

fukushima

Three years after the meltdowns, the cleanup is still underway and the safety of the nuclear fleet is still unclear.

It’s been a little more than three years since the Fukushima accident began.  Where do things stand? At Fukushima itself, the reactor owner is still struggling to get conditions under control.  For instance, Asahi Shimbun reported last month, Treatment of radioactive water at the Fukushima No. 1 nuclear plant has been suspended indefinitely after a […]

Continue Reading

Will Regulatory Takings Always Be A Mess?

supreme court

Takings law is a legal quagmire. It's likely to stay that way.

I recently reread an article that my late colleague Joe Sax published exactly fifty years ago.  It’s a striking piece of scholarship, all the more impressive so early in his career. But one particular statement made a particular impression on me: “Nevertheless, the predominant characteristic of this area of law is a welter of confusing […]

Continue Reading

In Harm’s Way

flooding near Key West

Millions of people are in the path of rising seas. The time for action is now.

The NY Times has run a series of articles in the past few days dealing with disaster issues.  Taken together, they highlight the urgency of government action to protect populations in harm’s way. One article dealt generally with the threat posed by sea level rise. Miami is something of a poster-child for these problems, given its […]

Continue Reading

As Oil by Rail Gains Momentum, Is California On Track to Protect Human Health and the Environment?

oil cars

A closer look at the data and key legal issues

California will soon see a surge in the number of trains carrying crude oil into the state, as oil production in North Dakota’s Bakken region and Canada continues to increase, sending more crude to California refineries. Last week, the California Senate Environmental Quality Committee and Natural Resources Committee held a hearing on the safety of […]

Continue Reading

Biofuels and Food Prices

hunger + corn

A recent economics paper suggests strongly that biofuels have raised food prices for the world's poor.

Berkeley economist Brian Wright has a disquieting article in the Winter 2014 issues of the Journal of Economic Perspectives, which just crossed my desk.  JEP is published by the American Economic Association and is a great resource for those of us who are interested in economics but aren’t professional economists.  This article is a case in […]

Continue Reading

Justice Roberts Should Welcome EPA’s Proposed New Wetlands Rule

For Display Use Only, No Permission to Reproduce in Any Form

The Environmental Protection Agency today issued a proposed new rule that seeks to clarify exactly how far the federal government’s jurisdiction reaches in requiring permits for the dredging and filling of wetlands.  In doing so, President Obama’s EPA is responding directly to Chief Justice John Roberts’ lament in his concurring opinion in Rapanos v. United […]

Continue Reading

Berkeley and UCLA Law Students Take Top Spots at State Environmental Law Negotiations Competition

CalBar Negotiations Comp

Students bargain for environmental protection, economic benefits at annual event

Last Friday, the California Bar Association held its 15th Annual Student Environmental Negotiations Competition, at UCLA School of Law.  Negotiations competitions stand beside mock trial and moot court programs as means for students to gain experience with the kind of work they’ll be doing after law school.  The CalBar competition is open to all California […]

Continue Reading