Year: 2009
ESA Does Not Address Carbon Emissions
According to news reports, the Department of Interior has reaffirmed a Bush Administration rule that excludes carbon emissions from regulation under the Endangered Species Act. The Guardian reports: The Obama administration today declined to protect polar bears from the single greatest threat to their survival – the melting of sea ice by global warming. The …
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CONTINUE READINGPublic Policy is Spurring Enormous Growth in the Windpower Industry – Don’t Stop Now
Worldwatch Institute reports that windpower capacity worldwide increased by 27,051 megawatts in 2008, bringing total installed capacity over 120,000 megawatts. The United States showed the greatest growth, adding 8,358 megawatts to make a current total of 25,170 megawatts. That’s a 50% increase in one year! The contribution that the U.S. windpower makes to overall domestic …
CONTINUE READINGWhy won’t Arnold back smog checks for motorcycles?
This is a law blog, so call this post Easy Rider v. Planet Saver. The California legislature is considering a bill (SB 435, sponsored by Sen. Fran Pavley of the clean-car “Pavley Regs” fame) requiring motorcyles to undergo bienniel smog checks, just like cars and trucks do. The bill would take aim at a significant remaining source …
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CONTINUE READINGChemical Policy and Homeland Security Redux
The Bureau of National Affairs reported recently that the House Homeland Security Committee is considering draft legislation that would require major chemical facilities to evaluate the use of inherently safer design to reduce chemical security risks. Generally speaking, inherently safer design attempts to reduce risks associated with the storage and use of hazardous chemicals by …
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CONTINUE READINGThe Supreme Court’s recent Superfund decision may have a significant impact on future cleanups
As Dan has noted, on Monday the U.S. Supreme Court issued an opinion in a widely-watched case interpreting CERCLA, the Superfund law. (Dan posted some brief thoughts about the opinion, BURLINGTON NORTHERN & SANTA FE RAILWAY. CO V. UNITED STATES.) Dan says that the part of the opinion dealing with apportionment of liability “does not purport to establish any new principles but does …
CONTINUE READINGThe Ninth Circuit: 0-for-the Supreme Court Term
It’s been a very rough U.S. Supreme Court Term for the Ninth Circuit. Four of the five major environmental cases on the Supreme Court’s docket this year emanate from the Ninth Circuit. With the justices’ issuance of their major CERCLA decision in Burlington Northern this week, four of those environmental cases have now been resolved, …
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CONTINUE READINGA Supreme Court Speed-Bump for Coeur Alaska
With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …
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CONTINUE READINGNEPA: middle-aged, but still vigorous
The National Environmental Policy Act, which became law on January 1, 1970, is the oldest of the major federal environmental laws. It has been a model for environmental assessment laws in numerous states and other nations, but it still comes in for a lot of criticism at home. Some criticisms are surely justified. As Dan …
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CONTINUE READINGSection 7 status quo reinstated
Last week, Interior Secretary Salazar and Commerce Secretary Locke issued a press release announcing that they were withdrawing the Bush administration’s midnight rules relaxing the ESA section 7 consultation requirements. (Background on the Bush rules is here, here, and here.) The notice formalizing that decision has now been published in the Federal Register. As Congress …
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CONTINUE READINGMarketing climate change policies
Writing in the New York Times last week, John Broder reported that ecoAmerica, described as “a nonprofit environmental marketing and messaging firm in Washington,” has been researching the best rhetoric to build political support for legislation addressing greenhouse gas emissions. I confess that this story makes me a bit queasy. As an academic, I’m committed …
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