Year: 2009
You do need a weatherman to know which way the political winds blow
When I was in Spain in 1993, an older man there complained to me about an unusual rain storm during the normally-dry summer. “It’s the fault of you Americans and radiation from your nuclear bomb,” he told me, half-teasingly. Little did he know that he was proving the thesis of a new study by NYU …
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CONTINUE READINGHas the Court Made it Harder to Prove Environmental Crimes?
Today’s Supreme Court decision relating to identity theft, Flores-Figueroa v. United States, may indirectly make it more difficult to prosecute environmental crimes. The decision suggests that the prosecutor might have to prove additional facts about the defendant’s state of mind in an environmental case, such as awareness that a given chemical is on a prohibited …
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CONTINUE READINGSupreme Court Narrows Hazardous Waste Liability
The Supreme Court decided an important Superfund case today, BURLINGTON NORTHERN & SANTA FE RAILWAY. CO V. UNITED STATES. The case narrowed a theory under which companies can be held liable for clean-up costs as “arrangers” of waste disposal. It also made it easier for lower courts to divide up liability between defendants, rather than …
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CONTINUE READINGJack Kemp’s Death
Jack Kemp died a few days ago. He had served as a fellow at the Competitive Enterprise institute, where he worked on environmental matters:Jack Kemp is a distinguished fellow at CEI. The CEI page on him states: His work at CEI centers on promoting rational, free-market environmental policies. He has spoken out against the Kyoto …
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CONTINUE READINGNew and Noteworthy from the Ecology Law Quarterly
The latest issue of ELQ — full content available free here — is centered on two broad themes: 1) learning from other states, countries and international experiences and 2) the failures of administrative law as an environmental management tool. The issue includes the following articles: * The Transformation of Modern Administrative Law: Changing Administrations and …
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CONTINUE READINGAnother Batch of Free On-Line Classes
In case, the headline is misleading: no, we don’t give credit to on-line viewers. Maybe someday soon Berkeley Law will get into the distance education business, but not yet. So you won’t get credit, but you’ll still learn a lot. Law 271.71 – International Environmental Law – Cymie Payne (Spring 2009): http://webcast.berkeley.edu/course_details_new.php?seriesid=2009-B-49982|2009-B-49985&semesterid=2009-B Law 272.1 – …
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CONTINUE READINGSharing the Burden of New Transmission Lines to The Sun and the Wind
The sense of urgency for building new electric transmission lines to transport large quantities of solar and wind power has spurred a national debate about the proper role for the federal government and the states in siting those lines. Although land use decisions such as these usually reside in the states, many worry that states …
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CONTINUE READINGCalifornia Air Pollution–We’re Number One!
California officials and residents take justifiable pride in the state’s continued leadership when it comes to controlling greenhouse gas emissions. But a recent report by the American Lung Association demonstrates that California still has a long, long way to go in addressing conventional air pollutants–especially in Southern California. According to the American Lung Association’s just-issued …
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CONTINUE READINGJustice Souter and the Environment
The news that Justice Souter is leaving the Supreme Court probably means little for environmental cases. Souter has been a reliable environmental vote, joining the majority in Massachusetts v. EPA, the Court’s only case on climate change. He dissented with the liberal wing in Rapanos v. United States , the convoluted decision about the extent to …
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CONTINUE READINGFollowed by a moonshadow
Referencing the Apollo Program and our country’s near-mythic success in achieving the goal of a first moon landing has become commonplace in the climate-and-energy debates. Here’s Obama doing it in his address a few days ago to the National Academy of Sciences (a great speech, btw, defending the role of government in spurring scientific advances, transcript and analysis available …
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