Month: March 2009

DiFi defends the Desert Tortoise

As one example of the growing conflict over use of sensitive lands for renewable energy projects (Ann recently blogged about this tension here), check out Sen. Feinstein’s letter to Interior Secretary Ken Salazar asking that the BLM suspend consideration of proposed leases on federal lands near Joshua Tree National Park being considered for solar energy fields.  “While …

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Shouldn’t Conservatives Be Environmentalists?

It seems to me that the answer is yes, contrary to popular opinion.  There are several varieties of conservatism, but in my view each of them should resonate with at least some aspects of environmental protection. Let’s start with social conservatives.  What does it mean to have a “culture of life”?  Shouldn’t it mean objecting …

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Two New EPA Nominees

The President announced two new EPA choices:  Cynthia Giles as chief of enforcement, and   Michele DePass as EPA’s assistant administrator for international affairs. Cynthia Giles is a Berkeley Law grad.    She is currently the vice president and director of the Conservation Law Foundation’s Rhode Island Advocacy Center,  focusing on state and regional programs …

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Renewable Energy and Economic Stimulus: Better Luck This Time Around

The American Recovery & Reinvestment Act, better known as the economic stimulus package, throws 11 billion dollars at infrastructure development to support renewable energy, particularly improvement and expansion of transmission grids.  It’s characterized as a win-win scenario, getting people back to work while smoothing the way for substantially less carbon-intensive energy generation.  That’s quite a …

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Climate news gets worse

On Science Insider (subscription required), Eli Kintisch reports on two new scientific studies that together spell bad news for our ability to address the greenhouse gas problem. The first is a computer simulation of the effect on global CO2 levels if developed nations adopt the most aggressive greenhouse gas emission reductions they have proposed or …

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Interior team slowly takes shape

President Obama and Interior Secretary Salazar have begun to trickle out the new leadership team for the Interior Department. So far, the team is heavy on legal talent. Like Secretary Salazar, the first three nominees to subordinate positions all hold JDs. David Hayes was nominated late last month to be Deputy Secretary, the number two …

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WALL-E World

For those of us who don’t live in or visit heavily-foreclosed neighborhoods, we often read the statistics without understanding the physical reality. But environmentally-speaking, many neighborhoods in this country have essentially become ghost-towns. So what do we do with these abandoned properties? Well, for some enterprising bobcats, these now-empty McMansions represent some low-cost lodging (photo …

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An Invitation to Explore the Connections Between Constitutional & Environmental Law

These days, more and more of the most important environmental law disputes arise in the crucible of constitutional law.  Preemption, the Dormant Commerce Clause, the foreign powers doctrine, constitutional principles of standing to sue and the separation of powers doctrine are all doctrines of constitutional law that have been invoked in much of the most …

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U.S. state insurance regulators take step toward addressing climate risk

I’ve spent some time over the past two years studying the relationship between the insurance industry and climate change.  Yesterday there was an important development in this area: the National Association of Insurance Commissioners (NAIC) , the group of state regulators that collectively regulate insurance in the U.S., adopted for the first time a requirement that large insurers …

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Was it worth it?

Sometimes environmental litigation becomes strikingly divorced from the underlying facts that give rise to it. And sometimes the hardest fought litigation seems to have the least impact on what the parties are ostensibly fighting about. When that litigation creates bad precedents that are difficult to reverse, you have to wonder whether anything of value has …

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