Month: January 2014

Climate Standing with a Twist

Rather than prove they will be specifically harmed by increased carbon emissions, plaintiffs can use other kinds of harm as a basis for climate standing.

Plaintiffs got a Christmas present from the D.C. Circuit in the form of a pathway to prove standing in climate change cases. The Supreme Court has considered two cases dealing with standing to sue based on injuries caused by climate change.  The Court found standing in one case 5-4 and split 4-4 in the second …

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Ten Energy Stories to Watch in 2014

What will shake the energy world this year?

In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking …

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U.C. Davis’ “ESA at 40” Conference Now Available for Online Viewing

The federal Endangered Species Act turned 40 this past weekend. On December 28, 1973, then-President Richard Nixon signed into law what has proven to be the nation’s most controversial environmental law. So it’s an especially appropriate time to alert Legal Planet readers that a major, recent conference on the ESA sponsored by the U.C. Davis …

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The Food Safety Paradox

As Tom McGarity documents in his recent book, Freedom to Harm, the American food safety system is in disarray.  You’d think we’d all be wiped out by food poisoning.  Yet, the rate of sickness caused by bad food seems to have remained constant since the mid-nineties.  What’s going on? McGarity and others are right about the …

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Are Transit Strikes Bad for the Environment?

Banning public transit strikes might help the environment

Even if you’re not from the Bay Area, you’ve probably heard about the labor troubles at the Bay Area Rapid Transit system (BART) – the rail system that is one of the largest public transit providers here in the Bay Area in terms of passengers.  Hundreds of thousands of commuters use the BART system on …

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Celebrating A Half Century of Federal Environmental Law!

Later in this year, we will celebrate the fiftieth anniversary of the first modern environmental statutes, the Wilderness Act of 1964.  NEPA followed five years later and then in quick succession came the creation of EPA, a slew of laws regulating pollution and toxics, the Endangered Species Act, and reforms of public lands laws. It’s …

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