June 2010 - Page 5 of 6

Month: June 2010

Three Ingredients of Disaster

The organizational failures that led to the Gulf blowout were similar to those that resulted in the failure of the New Orleans levees during Katrina.

EPA proposes general Clean Water Act permit for pesticides

In January 2009, the Sixth Circuit in National Cotton Council v. EPA struck down a Bush-era rule declaring that pesticide application to or over waters was exempt from the Clean Water Act’s NPDES permit program, under which a permit is required for any discharge of pollutants to waters of the U.S. from a point source. …

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Save the Mountain Gorilla!

As I mentioned in yesterday’s post, gorillas are a focus of this year’s World Environment Day. There are only about seven hundred mountain gorillas in the wild – fewer than the number of students at most law schools. They’re split between a group in the Virunga range of volcanoes and one in Bwindi Impenetrable National …

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Time to resuscitate the Office of Technology Assessment?

Ninety organizations, including many with an environmental protection focus, have called on Congress to revive its Office of Technology Assessment. OTA was established in 1972 by the Technology Assessment Act to provide Congress with “competent, unbiased information concerning the physical, biological, economic, social, and political effects” of changing and expanding technology. It was defunded in …

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World Environment Day

It may well have escaped your notice — I have to admit it had escaped mine — but today is World Environment Day. UNEP has chosen Rwanda as the main site for this year’s celebration, which is one reason you might not have known about this if you’re in North America. You may also be …

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Pew calls for federal leadership on climate adaptation

The Pew Center on Global Climate Change has issued a report on Adapting to Climate Change: A Call for Federal Leadership. As its title suggests, the report calls for the federal government to take the lead on climate adaptation efforts, creating a national adaptation program with three major elements: strategic planning, information provision, and research. …

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A Picture Speaks a Thousand Words

Do we now have the iconic image of the BP oil spill? The photo above — of a laughing gull soaked in oil — appeared in newspapers, on line and on the air yesterday. It seems to capture, as no words can, the tragedy we face as millions of gallons of oil continue to spew …

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Kitcher on climate change debates

For those of you with an interest in climate change and access to the journal Science, I recommend Philip Kitcher’s “essay review,” The Climate Change Debates. Kitcher, a philosopher of science at Columbia University, uses a review of eight recently-published books about climate science, policy, and politics as the basis for an essay about the …

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DC Circuit upholds air pollution standards for lead

The Legal Planet team has been so busy fretting over the Gulf oil spill (not to mention getting our grading done) that we’ve skipped over some important environmental law developments. Here’s one. In May, the US Court of Appeals for the DC Circuit, upheld EPA’s National Ambient Air Quality Standards (NAAQS) for lead against an …

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Is BP a Criminal?

Can a corporation, an artificial legal entity, be a criminal? In an op ed. in this morning’s NY Times, David Uhlmann argues that BP deserves criminal sanctions: Prosecutors must examine all witness statements, internal documents and any physical evidence that remains after the explosion. But if the news articles are accurate, the Justice Department should …

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30 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Pouring Gas on a Five Alarm Fire

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

Can GoGreen Advance California’s Home Decarbonization Goals?

The state’s home energy financing program remains modest and needs to scale

Mobilizing Environmental Voters

People who care about the environment may not be voters. Can that be changed?

Little Hoover Commission Releases Flawed CEQA Report

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

California Seeks to Protect Homes from Excessive Indoor Heat

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Western States Should Opt In to Regionalized Electricity Markets

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Temporary Takings and the Adaptation Dilemma

Current law penalizes adaptation measures because of the risk of takings liability.

Judicial Deference to Agencies: A Timeline

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

How the ICC is Using International Criminal Law to Prosecute Suspects of Eco Crimes

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Month: June 2010

TRENDING

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

That’s Trump’s climate policy in a nutshell. His campaign slogan should be, “Burn, Baby, Burn.”

The state’s home energy financing program remains modest and needs to scale

People who care about the environment may not be voters. Can that be changed?

The long-awaited report proposes sweeping exemptions and process changes—even though its own reasoning points in the opposite direction.

Guest contributor Cassandra Vo writes that the state should do more to protect mobile homes dwellers from heat. Work by a UCLA Law Clinic on behalf of Leadership Counsel for Justice and Accountability points the way forward on inclusive heat resiliency standards.

Guest contributor Kelly Cook writes that regionalization efforts present a low risk that federal control will threaten state authority.

Current law penalizes adaptation measures because of the risk of takings liability.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.

Guest contributor Aria Burdon Dasbach writes that the International Criminal Court is in the process of weighing dozens of suggestions for how to go after global environmental crimes.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Probably not. But also possibly yes.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

The barriers are still huge — but we can also envision a path to success.

Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.