Year: 2016
Appointing Guardians to Represent Future Generations
Could an old property procedure be a model for climate-related litigation?
From time to time, there is talk about giving standing to future generations. Although this is an idea whose time may not have come in the U.S., it’s important to know that the law has for many, many years allowed appointment of lawyers to represent future individuals. Typically, this is a procedure that is used in …
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CONTINUE READINGShould California Recover More Energy From Municipal Solid Waste?
New Berkeley Law report explores policy options, with KALW radio show discussion tonight at 7pm
Every year, Californians send about 30 million tons of trash to landfills. While the state’s residents do their part to reduce, reuse and recycle, that’s still a whole lot of garbage. It’s not only a land use issue, it’s a climate change issue: as landfill waste decays, it emits methane, a powerful greenhouse gas. Many …
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CONTINUE READINGThe Misleading Argument Against Delegation
Agency rulemaking is limited in ways that are far different from legislative lawmaking.
It’s commonplace to say that agencies engage in lawmaking when they issue rules. Conservatives denounce this as a violation of the constitutional scheme; liberals celebrate it as an instrument of modern government. Both sides agree that in reality, though not in legal form, Congress has delegated its lawmaking power to agencies. But this is mistaking …
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CONTINUE READINGThe Case for Farmed Fish
Aquaculture could help save wild fisheries from devastation.
It’s time to take a second look at fish farms. Environmentalists, not to mention foodies, tend to turn up their noses at fish farms. It’s true that badly managed fish farms can be a source of water pollution and other environmental problems. But sustainable fish farming would have major environmental benefits. To begin with, fish …
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CONTINUE READINGThe Cap-and-Trade Auction: Still Not a Tax
Folks are talking again about whether California’s climate cap-and-trade auction is an unlawful tax, rather than a valid exercise of the state’s regulatory power to control pollution. The news hook for the revival of this conversation is a recent order, discussed below, from the California Court of Appeal to the parties in the court case where …
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CONTINUE READINGThe “Northern” Bias in Biodiversity Protection
We focus heavily on U.S. endangered species. But the real action is elsewhere.
American environmentalists are deeply invested in protecting endangered species in the U.S. That’s natural, and U.S biodiversity is worthy of protection. But focusing on the U.S. gives a misguided sense of the relative importance of U.S. biodiversity. But in the grand scheme of things, biodiversity in the global South is far, far more important. A …
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CONTINUE READINGOf sewage spills and citizen suits
New Berkeley Law report examines citizen actions addressing sanitary sewer overflows in California
(This post is co-authored with Nell Green Nylen and Michael Kiparsky.) Every day, Californians produce millions of gallons of wastewater. We tend to avoid thinking about what flows down our drains, but how we deal with sewage is a critically important aspect of public and environmental health. Most communities in California rely on an extensive …
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CONTINUE READINGA Floor Price for Gasoline
A floor price would encourage energy efficient cars and generate revenue.
The price of gasoline fluctuates like crazy, tracking the price of oil. In a recent blog post and an earlier paper, my colleagues at the business school have put forward a really innovative proposal: a minimum price for gasoline. When oil costs go below a certain level, gas prices would stay stuck at that point. …
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CONTINUE READINGNEWSFLASH: Kochs Cave on Climate
Humans are causing climate change after all. Who knew?
The Kochs believe in climate change, so it seems. Greenwire reports that a Koch spokesman said: “Charles has said the climate is changing. So, the climate is changing . . . I think he’s also said, and we believe, that humans have a part in that. I think what the real question is … what …
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CONTINUE READINGFormer Massey Energy CEO Sentenced to Prison for Actions Leading to 2010 Coal Mine Disaster
What Broader Environmental and Worker Safety Enforcement Lessons Can Be Learned Here?
A federal district judge on Wednesday sentenced Don Blankenship, the former Chief Executive of Massey Energy, to serve one year in federal prison–the maximum term allowed by law–and to personally pay a criminal penalty of $250,000 for Blankenship’s acts of omission and commission that led to the notorious 2010 coal mining disaster at Massey’s Upper …
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