Month: June 2010
Meg Whitman and the Environment
I thought it would be useful to review the environmental positions of the key candidates in California. My goal is to be informative rather than evaluative. I’m beginning with Meg Whitman. She’s not exactly “Ms. Environment.” In an op. ed last year, Meg Whitman (the GOP gubernatorial candidate) called for a suspension of AB32, as …
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CONTINUE READINGToxic Chemicals (3)
This is the third (and for now, the last) in a series of posts on toxic chemicals. Like the earlier two, it addresses a recent paper on the subject, This one, by Vermont’s Martha Judy and RFF’s Katherine Probst, is about “Superfund at 30.” Superfund — more officially the Comprehensive Environmental Response, Compensation, and Clean-up …
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CONTINUE READINGFannie and Freddie stop the PACE of clean energy
One of the biggest barriers to getting homeowners to retrofit their homes to make them more energy efficient and install renewables like solar panels is the high up front costs. While these investments pay out over time, most residents lack the thousands of dollars they need to pay for these upgrades. The City of Berkeley …
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CONTINUE READINGMore on Today’s U.S. Supreme Court Property Rights Decision
As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …
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CONTINUE READINGSupreme Court issues decision in Florida beach sand takings case
UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …
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CONTINUE READINGValuable New Resources on the Oil Spill
Given the speed with which this story is unfolding and the overwhelming number of voices being heard, it’s very hard to keep up or to separate the wheat from the chaff. The Berkeley Law Library has created a new database of carefully selected resources relating to the BP spill — government reports and hearings, white …
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CONTINUE READINGToxic Chemicals (2)
This is the second of a series of three posts on toxic chemicals. On Monday, I discussed a recent paper that appraised the shortcomings of the Toxic Substances Control Act (TSCA). Today, I turn to a paper by David Adelman (University of Texas) proposing some reforms. First, Adelman suggests that the U.S. follow the EU …
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CONTINUE READINGWhat’s Really Wrong With TSCA?
As Dan Farber discussed in his recent post, David Markell ‘s recent paper on TSCA provides some really interesting history. John Applegate has some fascinating pieces on the history and future of TSCA as well–well worth the read also. I thought it was curious that Dan focused on cost-benefit barriers imposed by the courts as being the obstacle to effective risk regulation, …
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CONTINUE READINGNewsHour Segment: Can Obama Require BP to Form an Escrow Fund?
Steve Yerrid, a Florida trial lawyers, and I discuss this with Ray Suarez on the NewsHour. Bottom line: the answer isn’t very clear, although OPA sec. 1005(a) does require BP to establish a process for “the payment or settlement of claims for interim, short-term damages” that might encompass an escrow and independent decision-makers. It will …
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CONTINUE READINGToxic Chemicals (1)
As it happens, I saw three new papers about toxics regulation at about the same time recently. Between the three, they give a clear picture about the U.S. stance on toxic chemicals. I’ll discuss the papers in separate posts this week. The first paper, by David Markell of FSU, the Toxic Substances Control Act (TSCA). …
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