Year: 2013
What’s holding up the Clean Water Act jurisdictional guidance?
Cross-posted on CPRBlog. People on both sides of the political spectrum agree that the boundaries of federal jurisdiction under the Clean Water Act are murky, to say the least. But efforts by EPA and the Corps of Engineers to clarify those boundaries have been tied up in the White House for more than a year, …
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CONTINUE READINGELQ publishes Volume 40 Number 1
Ecology Law Quarterly is always worth a read, even if the electronic version lacks the beautiful Ansel Adams cover pictures. The latest issue has just been posted. Here are links to the articles: Michael Burger, Environmental Law/Environmental Literature Bruce R. Huber, How Did RGGI Do It? Political Economy and Emissions Auctions Tracey M. Roberts, The …
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CONTINUE READINGReforming Prop 65
With all the attention being paid to proposals to reform the California Environmental Quality Act in the state legislature, there is another landmark California environmental law that the legislature and Governor Brown are thinking of changing. In 1986, the voters of California enacted Proposition 65. The law requires notification to consumers and the public about …
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CONTINUE READINGHow eucalyptus trees are connected to denying climate change
Here on Legal Planet, we talk a lot about climate skeptics/deniers, and we’re highly critical of them (for good reason!). A lot of those climate skeptics/deniers are conservatives. But there’s no monopoly on scientific ignorance on one end of the political spectrum. An example of that is close to home here at UC Berkeley. In …
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CONTINUE READINGCoal Power and Climate Denial
What causes certain political figures either to deny the potential for climate change, or deny that human activity is a major cause? That question came to mind while reviewing a new report issued by Ceres entitled Benchmarking Air Emissions for the 100 Largest Electric Power Producers in the United States. The report does an impressive …
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CONTINUE READINGWaiter, What’s This Fly Doing In My Soup?
This is the sort of thing that gives environmentalism a bad name: The UN has new weapons to fight hunger, boost nutrition and reduce pollution, and they might be crawling or flying near you right now: edible insects. The Food and Agriculture Organization on Monday hailed the likes of grasshoppers, ants and other members of …
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CONTINUE READINGThe Economics of Insurance in the Face of Climate Change
Eduardo Porter offers a “teachable moment” thanks to his NY Times Business piece on insurance today. He writes a piece arguing that for profit “conservative” firms have a stake in fighting climate change. While I want this logic to be correct, an academic might ask whether it is correct. The insurance industry makes …
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CONTINUE READINGCalifornia Supreme Court Upholds Local Government Bans on Pot Dispensaries
In its most important land use decision since 2011, the California Supreme Court has upheld local governments’ power to ban marijuana dispensaries within their jurisdictions. Last week the court unanimously rejected marijuana advocates’ claim that such local bans are preempted by California state law. The Supreme Court’s opinion in City of Riverside v. Inland Empire …
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CONTINUE READINGSome Overdue Environmental Justice In Time for Shavuot
The Jewish festival of Shavuot, which begins at sundown this evening, commemorates the Israelites’ receiving of the Torah at Mt. Sinai. Shavuot is thus the paradigmatic lawyers’ holiday given its focus on law and justice. This connects nicely with the other two great pilgrimage holidays found in the Jewish Bible, giving us a trinity (so …
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CONTINUE READINGDiscount Rates and Middle-Class Stagnation
Discount rates are how economists measure the importance of the future versus the present. If the discount rate is low, we care a lot about the future; the reverse is true if the rate is high. It turns out that one of the key factors driving the discount rate — maybe the key factor — is …
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