“The few green havens that are public parks” is a phrase from the Supreme Court’s opinion in the Overton Park case. The case involved a plan to build a highway through the middle of a major park in Memphis. The Court put a heavy burden on the government to justify the project: “The few green havens […]
Pollution & Health
The CPUC issued the fine after finding dozens of violations
The California Public Utilities Commission (CPUC) issued a citation for violations of a federal regulation on Southern California Gas Co. (SoCal Gas) totaling $2.25 million. The citation is based on forty-five violations of a federal regulation requiring that operators “take prompt remedial action to correct any deficiencies indicated by” external corrosion monitoring. According to the May […]
Congress's failure to deal with the Zika threat is a symptom of a bigger problem.
Congress seems to be unable to come up with funding for an effort to combat the zika virus. Instead, congressional leaders told the government to use existing funding, so it has been forced to divert hundreds of millions of dollars from fighting ebola. (You remember that Congress was completely frenzied about the risk of ebola in […]
New Berkeley Law report explores policy options, with KALW radio show discussion tonight at 7pm
Every year, Californians send about 30 million tons of trash to landfills. While the state’s residents do their part to reduce, reuse and recycle, that’s still a whole lot of garbage. It’s not only a land use issue, it’s a climate change issue: as landfill waste decays, it emits methane, a powerful greenhouse gas. Many […]
New Berkeley Law report examines citizen actions addressing sanitary sewer overflows in California
(This post is co-authored with Nell Green Nylen and Michael Kiparsky.) Every day, Californians produce millions of gallons of wastewater. We tend to avoid thinking about what flows down our drains, but how we deal with sewage is a critically important aspect of public and environmental health. Most communities in California rely on an extensive […]
What Broader Environmental and Worker Safety Enforcement Lessons Can Be Learned Here?
A federal district judge on Wednesday sentenced Don Blankenship, the former Chief Executive of Massey Energy, to serve one year in federal prison–the maximum term allowed by law–and to personally pay a criminal penalty of $250,000 for Blankenship’s acts of omission and commission that led to the notorious 2010 coal mining disaster at Massey’s Upper […]
Supporting EPA’s regulation of power-sector carbon emissions
Today, several of us at UCLA Law School’s Emmett Institute on Climate Change and the Environment—me, Cara Horowitz, Sarah Duffy, & Ann Carlson—together with Professor William Boyd of University of Colorado Law School, filed an amici curiae brief on behalf of five electric grid experts in support of the U.S. Environmental Protection Agency’s “Clean Power Plan” […]
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 […]
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 […]
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 […]