Year: 2013

The Emergence of Food Law

As with most holidays, Memorial Day is associated with a traditional food component — in this case, picnics.  So this seems like a good occasion to talk about the emerging legal field of food law. According to the Food and Drug Law Institute, about sixty law schools have courses on Food and Drug Law, a …

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California Legislature Suspends Oil Severance Tax: Wimp-out or Long Game?

Perhaps the most obvious fiscal reform for California lies in an oil severance tax, which charges producers per barrel coming out of the ground.  California is the only major oil-producing state without such a tax (the miniscule fee to fund the Department of Oil, Geothermal, and Geophysical Resources doesn’t count), and because of the international …

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Time May Run Out on Obama’s Most Powerful Climate Change Tool, Environmental Groups Threaten Suit

President Obama has a surprising amount of power to reduce greenhouse gases from the two largest categories of emitters, the transportation and electricity sectors, without getting Congress to act.  He has already used that power to dramatically tighten fuel economy standards for passenger autos.  But his ability to reduce emissions from the electricity sector — …

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Is TSCA Reform on the Way?

The Toxic Substances Control Act or TSCA (sometimes pronounced “Tosca,” like the opera) is one of the worst-written statutes of all time.  It seems as if every section contains a cross-reference to another section, which in turn requires recourse to yet another sentence to be understood, making the statute completely opaque.  A last-minute compromise, the …

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Food safety in China, or is that rat meat in my lamb?

I posted a short piece at Chinafile.org last week on China’s food safety challenges.  The occasion for the post was the arrest of 63 people in China for selling fake lamb meat made of rat, fox, and other meats.  The “conversation” includes comments/responses from Isabel Hilton (ChinaDialogue.net), John Balzano (BU Law), Alexa Oleson (formerly of …

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Norris C. Hundley, Jr., 1935-2013

Environmental scholarship has lost a real giant: Norris Cecil Hundley Jr., a former resident of Pacific Palisades, passed away peacefully on April 28. He was 77.  Born to Norris and Helen Hundley on October 26, 1935 in Houston, Texas, Norris is survived by six younger siblings… Norris graduated from Whittier College in 1958. After receiving his Ph.D. …

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The Right-Wing Noose Tightens on Recess Appointments

Republican judges are continuing to do their best to hamstring the Obama Administration: six days ago, the Third Circuit joined the DC Circuit in restricting recess appointments to intersession recesses.  Intrasession recesses, which, as the Court noted, were made routine under Ronald Reagan and used nearly 150 times by George W. Bush, are now unavailable.  …

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Maybe a Super EIS for Climate Policy?

Following closely on the heels of Ann’s argument concerning the flaws of the Keystone XL DEIS came a NYT story from John Broder with an interesting suggestion: if the administration approves the pipeline, then it should do something else in order to advance the battle against climate change: [C]ould some kind of deal be in …

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New York Nasty versus Los Angeles Nice?

Tomorrow, Los Angeles voters go to the polls to elect a new Mayor.  (At least a few of them, anyway: current estimates predict only 25% turnout, about which more later).  In September, New Yorkers will do the same.  And depending upon the way things turn out, political and cultural reporters could have a field day. …

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We Have Met the Unknown Unknowns and They are Us

There are uncertainties about climate science such as tipping points and feedback effects.  But these pale in comparison to the biggest source of uncertainties: people. Here are some of the major things we don’t know and really can’t know about future society: Will economic growth continue, and if so, how quickly and how uniformly?  Richer …

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