Month: December 2010

A big news week for the Sacramento-San Joaquin River Delta

This has been a significant news week for California’s delta. On Wednesday, California’s Natural Resources Agency endorsed a plan for a water tunnel system to bypass the Sacramento-San Joaquin River Delta, coupled with a habitat restoration plan for the Delta.  Bettina Boxall’s story in today’s Los Angeles Times has the details.   Many environmental groups …

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California designates new Marine Protected Areas

The California Department of Fish and Game has created a new network of state-designated Marine Protected Areas, as Tony Barboza reported today in the Los Angeles Times. This action, controversial because of its restrictions on fishing in the protected areas, begins to fulfill the promise of California’s decade-old Marine Life Protection Act.  As this detailed …

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Of Smart Meters, San Bruno, and Regulatory Action

When the Pacific Gas and Electric Company and California regulators confronted recent health and reliability concerns related to smart meters, they stumbled because of a failure to address these concerns upfront — before committing billions to statewide meter conversion.  The loss of public confidence in the aftermath of the tragic gas pipeline explosion in San …

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BP spill lawsuit complaint and link to early analysis

Here’s the complaint in the newly-filed lawsuit the United States filed against BP today, which I summarized earlier in this post. And NRDC’s David Pettit has written an interesting blog post with some initial thoughts about timing and choice of defendants in the lawsuit.

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U.S. sues BP, eight other defendants for violations of Oil Pollution Act in Deepwater Horizon blowout

Eric Holder, the Attorney General of the United States, announced today that the U.S. Department of Justice has filed a lawsuit alleging that BP, Transocean, and seven other firms caused or contributed to the massive Deepwater Horizon oil spill earlier this year.  The lawsuit seeks response costs, natural resource damages, and economic damages under the …

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Oceans: the biggest loser from our international failure to address greenhouse gas emissions?

In this op-ed from Monday’s Los Angeles Times, UC San Diego scientists Tony Haymet and Andrew Dickson succinctly and directly summarizes the threat that ocean acidification poses to our world, and plead for reductions in carbon emissions.  (My colleagues have blogged about ocean acidification before, here and here among other places.)   Unfortunately, as my …

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UCLA Law will host local government land use symposium on February 11

UCLA Law’s Evan Frankel Environmental Law and Policy Program is hosting a symposium about local government land use law on February 11, 2011.  This event, Local Agencies on the Cutting Edge – Emerging Challenges to Local Land Use Authority: Proposition 26, the Public Trust Doctrine, RLUIPA, and Takings Law, will focus on issues of practical …

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State Dep’t: Legally binding emissions limits not happening “anytime soon”

I wasn’t on the beach in Cancun at the latest international climate summit, but like lots of folks I followed its (pseudo) progress.  It wrapped up on Saturday with a package of incremental agreements on important issues (LA Times has a good analysis here), but once again without getting far on the 10,000 gigaton question: Will …

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The Supreme Court and CERCLA

Following up on yesterday’s post, I thought it would be interesting to take a look at the trajectory of Supreme Court cases dealing with CERCLA liability. In the federal courts generally, CERCLA cases began slowly, with one in 1981 and 11 in 1982. The number of cases per year then built steadily until at peak …

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The (Somewhat Puzzling) Trajectory of CERCLA Litigation

The pattern of reported CERCLA opinions is puzzling — a steady rise until 1995, followed by a decline until 2002, followed by another rise through 2010. The explanation for the final period is unclear.

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