Month: April 2013

Hydraulic Fracking in California: New Report Addresses Wastewater and Potential Water Impacts

Today, Berkeley Law released a new report on hydraulic fracturing (“fracking”) in California, focusing on wastewater and potential water quality impacts. The report, Regulation of Hydraulic Fracturing in California: A Wastewater and Water Quality Perspective, is an independent analysis produced by Berkeley Law’s Center for Law, Energy & the Environment (CLEE) through its new initiative, the Wheeler …

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Exxon Cares!

At this point, we don’t know much about Exxon’s oil spill near Mayflower, Arkansas — especially because Exxon doesn’t seem to want to let many people look at what’s going on. Twitter to the rescue!  There’s an account called “Exxon Cares”, telling you all that you need to know, and…what’s that you say?  That’s not …

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King Coal’s Fading Grip

According to a new study from Duke, coal may be on the way out. as “[l]ow natural gas prices and stricter, federal emission regulations are promoting a shift away from coal power plants and toward natural gas plants as the lowest-cost means of generating electricity in the United States.” The authors estimate that “the economic …

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In memoriam: Joe Feller, much more than a law professor

Today I learned the sad news that Joe Feller, Professor of Law at Arizona State University, has died after being hit by a car. Joe was a fine scholar (coincidentally, I was reading a terrific piece he wrote on The Adjudication that Ate Arizona Water Law when the news came in), but he was so …

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Are Filibusters of Executive Branch Nominees Constitutional?

President Obama’s announcement today making three nominations to the National Labor Relations Board should remind us that the GOP is the party of permanent constitutional crisis.  It has been quite clear from the beginning of the Obama Administration that the Republicans simply have no interest in allowing the NLRB to function.  That shouldn’t be much …

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U.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California

On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …

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Breaking News: Brown Approves California Cap-and-Trade Linkage to Quebec’s System

California Governor Jerry Brown will allow the state’s Air Resources Board to link its cap-and-trade program to reduce greenhouse gas emissions with a Quebec cap-and-trade program modeled after California’s.  Brown sent a letter to CARB today making four findings that he is required to decide before allowing the linkage to go forward.  CARB must still …

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A Unique Definition of “Interfaith”

Today in the mail appears an interesting program from the Wallage Stegner Center of the University of Utah S.J. Quinney College of Law: this coming Friday and Saturday, the Center will host “Religion, Faith, and the Environment” with lots of important guest speakers.  Good on them. But then when I looked at the program, something …

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Dear Washington Post: Chesapeake Bay *is* unbalanced

An article in the Washington Post yesterday ran with the headline, “Crabs, supersized by carbon pollution, may upset Chesapeake’s balance.” Not to nitpick, but Chesapeake Bay is unbalanced and has been that way for well over a century. The article references some interesting research from the University of North Carolina that looks at the effects …

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Good environmental data matters for environmental litigation

If you aren’t reading Dave Owen’s blog posts over at Environmental Law Prof Blog, you should be.  His most recent post is about a recent Endangered Species Act (ESA) case in Texas: Environmental plaintiffs sued, arguing that the state of Texas had allowed too many water withdrawals upstream from the Aransas National Wildlife Refuge, a critical breeding …

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