Month: March 2012
Jeremy Bentham and Polar Bears
Over at the Reality-Based Community, my co-blogger James Wimberley rightfully takes to task a right-wing economist named Karl Smith for what Wimberley calls the dumbest blog post of 2011. Smith essentially seems to argue that it’s okay to cause hundreds of species to become extinct because it will increase aggregate wealth in the short run. In doing …
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CONTINUE READINGLaw Schools in the Public Interest: Environmental Programs in the South
I’ve been struck by how much environmental law programs are doing to advance the public interest. Without purporting to do a complete survey, I thought it would still be illuminating to provide five or ten examples from different parts of the country. Today, I’m going to start with the South. Although the South is probably …
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CONTINUE READINGDeep Waters
Dean Rowan pointed me to a nifty interactive site dealing with sea level change. It covers the entire coastal U.S. You simply put in the name or zip code of the place your interested in, along with the amount of sea level rise (1-10 feet). You get a map of what parts of the city …
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CONTINUE READING“Female Roommate Wanted”
It’s a fairly standard advertisement. But for years, many scholars and lawyers have thought it constitutes illegal sex discrimination under the Fair Housing Act. In Fair Housing Council v. roommate.com, a recent opinion by Alex Kozinski and joined by Stephen Reinhardt (so there’s your first surprise), the 9th Circuit has said that such ads are permissible. I realize …
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CONTINUE READINGEnergy Scholarship Symposium in the Journal of Economic Perspectives
As I argued about three months ago, the Journal of Economic Perspectives ought to be on the regular reading for anyone interested in environmental law and policy. The most recent quarter’s issue shows why: it features a fascinating symposium on “Energy Challenges”. Not all of the articles will be music to environmentalists’ ears: for example, …
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CONTINUE READINGMonsieur Fouche, Meet Professor Gleick
By now, Peter Gleick’s ethical indiscretions concerning the Heartland Institute are old news. But for lawyers, they raise particularly interesting ethical issues because they highlight the question of really, whether there were ethical barriers broached at all. I initially thought that this was obviously the case: someone in my profession would get disbarred for doing …
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CONTINUE READINGA Post Script to Steve’s Post about the Nuclear Renaissance
This just in from the NY Times: The Nuclear Regulatory Commission said a June breaker fire at the 478-megawatt Fort Calhoun nuclear plant was of “high safety significance,” increasing work the Omaha Public Power District (OPPD) must complete before the troubled unit can restart. The NRC’s preliminary “red” safety violation, the agency’s most serious classification, …
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CONTINUE READINGBetting on the Nuclear Renaissance
For many years, there has been a healthy debate in the United States about the role nuclear power should play in our future energy plans. In the energy law courses that I teach, I have been struck with the consistent support among students for expanding our reliance on nuclear power as part of a comprehensive …
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CONTINUE READINGBerkeley Environmental Alum to Head Vermont Law School
We’re delighted to report that Marc Mihaly, a graduate of Berkeley Law School, will be the next dean of Vermont Law School. Before his move to Vermont, he was a partner at Shute, Mihaly & Weinberger, a law firm specializing in government, land use, natural resource and environmental law. Vermont is best-known for its environmental …
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CONTINUE READINGGoing Beyond the “Design-Basis Event”
A conventional approach to safety is based on the concept of design events. A building code might say, for example, that a building should be able to survive a 7.0 earthquake. This approach has been basic to the regulation of nuclear reactors. As the interim report of the post-Fukushima NRC task force explains: [The regulation[ …
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