Month: November 2012

Warren B. Rudman, 1930-2012

Former New Hampshire Senator Warren Rudman, who served from 1981 to 1993, has died at the age of 82.  Lawyers  and law professors throughout the country should mourn, although they probably will not. Hundreds if not thousands of men (and women) have served in the United States Congress since the creation of the Republic, and the vast …

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California electricity consumers may receive cap-and-trade dividend

 As I mentioned on Monday, the 23.1 million greenhouse gas (GHG) allowances (current-vintage) sold at the cap-and-trade auction on Monday were all consigned to auction by utility companies. The $233 million generated by that sale must now be used by those utilities to the benefit of ratepayers. Last Friday, the California Public Utilities Commission (CPUC) issued its …

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Ecology Law Quarterly’s 2012 Annual Review issue is out

ELQ has just published its Annual Review of Natural Resources and Environmental Law. Check out these articles: Alexander J. Bandza, Epidemiological-Study Reanalyses and Daubert: A Modest Proposal to Level the Playing Field in Toxic Tort Litigation Gabrielle Cuskelly, Factors to Consider in Applying a Presumption Against Preemption to State Environmental Regulations Catherine Groves, To Promote …

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More on BP’s guilty plea: it’s not just about the money

Cross-posted on CPRBlog. As already noted by Rick and Megan, last week BP pleaded guilty to 14 criminal counts arising from the 2010 Deepwater Horizon blowout in the Gulf of Mexico. Megan provided a good basic overview of the terms of the agreement. Here is the plea agreement itself. The amount of money BP has …

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Superfund and climate change

Over the last several years, it’s become fashionable in some circles to suggest that environmental law today reduces to climate change law. I’ve resisted that framing because I think it’s important to remember that “conventional” environmental problems still exist, still matter, and must be addressed by strategies beyond climate mitigation or adaptation. But the fact …

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California raises almost $300 million in its first cap-and-trade auction

The California Air Resources Board (CARB) released the results from its first auction of greenhouse gas (GHG) allowances today.  It sold all of the approximately 23 million current allowances (2013 vintage) at $10.09.  It sold 14% of the approximately 39.5 million advance allowances (2015 vintage) at $10.00. As I discussed last week, the unsold advance …

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Take a Hike!

Walking is a sufficiently novel idea to be the subject of newspaper stories — as if our ancestors hadn’t been doing it since long before Homo sapiens evolved.  Anyway, walking is the hot new thing in D.C., according to the Washington Post: “Walkable” is a feature sparking sales and energizing future development and redevelopment, according …

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Can “Social Risk Assessment” protect China’s environment?

I’ve just returned from a month in Qingdao, China, so this story in the New York Times caught my eye. China’s new leadership has announced that it will require a social risk assessment before any major industrial project can be begun. The idea is to forestall the increasingly violent environmental protests that have caused the …

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Goodbye, Dan Lungren, Goodbye

It looks like Dan Lungren has lost his reelection bid for the Sacramento-area House seat, at least according to AP.  His lifetime rating from the League of Conservation Voters was 4% — the only surprise being that he must have voted for something pro-environmental a couple of times in his career.  (Oddly enough, he came …

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Climate is a Security Issue

The National Research Council (NRC) has recently released a study called Climate and Social Stress: Implications for Security Analysis.  The security implications of climate change have been discussed in other, similar studies in the past, and this one is largely consistent with what has come before.  The central message is that the changing climate will …

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