Search Results for: NEPA
California suction dredging moratorium extended
California Governor Jerry Brown has signed into law an extension of the existing moratorium on suction dredge gold mining. I confess that the appeal of recreational mining in any form escapes me, and that I don’t even like to vacuum my own living room. So it mystifies me to learn that there are people who …
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CONTINUE READINGEnvironmental Law Scholarship: A Sampler
If you’re wondering what environmental law scholarship is about, here’s about three-weeks-worth of recent publications, covering everything from roadless rules to fisheries to renewable energy to climate change. 1. Aarons, Kyle J. Note. The real world roadless rules challenges. 109 Mich. L. Rev. 1293-1325 (2011). 2. Blades, Emmi. Comment. Using the legal system to …
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CONTINUE READINGThe new BOEMRE – NOAA MOU: a good start, but more is needed
Cross-posted at CPRBlog. I was excited to read this story in the LA Times, saying that BOEMRE and NOAA had reached an agreement that would give NOAA more say in decisions to approve offshore drilling. (Draw whatever conclusions you like about what my geeky excitement says about how boring my life must be.) This agreement …
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CONTINUE READINGThe Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers
For several years now, large law firms have sought work related to climate change, though prior to President Obama’s election the work was relatively thin. Sure there were challenges to California’s legislation to regulate greenhouse gas emissions (GHG) from cars; defenses to claims under the National Environmental Policy Act and California Environmental Quality Act; and …
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CONTINUE READINGWhat are the Top 10 Natural Resources Stories?
Lots of folks in legal academia are familiar with Foundation Press’ popular Law Stories series; around here on Legal Planet, we are particularly familiar with Environmental Law Stories (pictured right), edited by Richard Lazarus and Oliver Houck, to which Dan and Holly contributed a chapter. It’s a very useful book, and I’m a fan. But …
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CONTINUE READINGBriefly noted: four recent federal appellate decisions
Here are links to and brief descriptions of four interesting recent decisions from federal appellate courts: Wilderness Society v. Kane County, 10th Cir., en banc, 1/11/2011. This decision is the latest in a long-running dispute over the extent to which Kane County in southern Utah can authorize the use of off-road vehicles on federal lands. …
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CONTINUE READINGNinth Circuit affirms that ignorance is bliss
Lack of information is a continuing problem for environmental policy. In part, that’s unavoidable; we’ll never know enough about the world around us to be confident that we’re making the best choices. In part it is because potential regulatory targets control some needed information. And in significant part it’s because decisionmakers have a tendency to …
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CONTINUE READINGThoughts on the latest Delta smelt ruling
As Sean pointed out yesterday, this week federal District Judge Wanger issued another ruling in the ongoing litigation over protection of the Delta smelt and restrictions on diversions from the Sacramento-San Joaquin river system. Reviewing the opinion, my first reaction was sympathy for the judge and his staff. There is no question that sorting through …
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CONTINUE READINGCEQ finalizes guidance for categorical exclusions
Cross-posted at CPRBlog. The White House Council on Environmental Quality has issued the first of three expected final guidance documents for federal agencies implementing the National Environmental Policy Act. This one, which covers the use of categorical exclusions, is an excellent start. NEPA is the “look before you leap” environmental law. It requires that federal …
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CONTINUE READINGMeet the new BOEMRE, same as the old MMS
Cross-posted at CPRBlog. The Minerals Management Service within the Department of Interior was responsible for overseeing offshore oil development in federal waters from its creation in 1982 until its demise earlier this year. MMS was always a troubled agency, to put it mildly, dogged by scandals and a revolving door with the industry it regulates. …
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