Region: National

Could FDA’s Approval of GMO Salmon Actually Be Good for the Environment?

Farmed GMO fish could help reduce pressures on wild stocks.

FDA has — after more than two decades of consideration — approved the marketing of genetically modified salmon in the U.S.  As the NY Times reports, this decision has had push-back from the quarters you might expect . Says one critic:  “This unfortunate, historic decision disregards the vast majority of consumers, many independent scientists, numerous members …

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The Ninth Circuit Takes EPA to Task (Twice)

EPA’s pesticide registration efforts trigger forceful response

Judge McKeown of the 9th Circuit Court of Appeals recently wrote of the EPA, “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.”  Yikes.  What did the EPA do to elicit such a reaction from a federal judge? The short …

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Goodbye, Keystone, Goodbye

After seven years, the project is history.

The President announced this morning that he would not approve the Keystone pipeline project.  This wasn’t a huge surprise at this point of the game.  Still, it’s a good time to take stock of the dispute. The fight was largely — but not entirely — symbolic.  With falling oil prices, the alternative of rail transport …

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Law Schools Doing Good

How Law Schools Serve the Public

Most people probably think of law schools, when they think of them at all, as places that train future lawyers.  That’s true, and it’s important, but law schools do a lot more.  Faculty scholarship makes a difference –law review articles laid the foundation for many of the ideas now guiding judges (both on the Right …

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Clean Power Plan Litigation Kick-Off

Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs

*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …

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What Do You Know About EPA? Test Your Knowledge.

Much of what most people think they know about EPA is wrong.

This test involves a few basics about EPA.  See how much you know. 1.  What President established EPA? A.  Kennedy. B.  Johnson C.   Nixon D.  Clinton 2.  When is cost a factor in issuing EPA regulations? A.  Whenever allowed by law. B.   Under Republican Presidents. C.   Only for minor regulations. D.   …

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Air quality and wildfire

We may need to burn more to get less smoke

One of the impacts of California’s difficult fire season has been air pollution. Fires produce smoke. Large wildfires produce a lot of smoke. And large wildfires in the southern Sierra Nevada produce smoke in the southern Central Valley – the part of the United States that already has some of the worst air quality in …

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Dueling California Drought Relief Bills Debated on Capitol Hill

Stark Differences Emerge Between Competing House and Senate Bills

What can and should the federal government do to assist the State of California in weathering the worst drought in recorded state history? While the U.S. House of Representatives is embroiled in a chaotic political debate over selection of a new House Speaker, the more deliberate consideration of new legislation continues apace in the Senate. …

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The First Environmentalist Law Teacher

William Colby (1870-1964), a pioneering figure in the Sierra Club from Berkeley’s past

I’m pretty sure that William E. Colby  qualifies as the nation’s first environmentalist law teacher, if only because environmentalism was very young at the time..  Colby was a lecturer on mining law and water law at Berkeley for twenty-one years, retiring in 1936.  (That doesn’t make him the first natural resources teacher;  Judge Lindley had taught …

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Gaping Hole in EPA’s Methane Rules

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

In August, EPA released proposed rules to reduce fugitive methane and VOC emissions from oil and gas operations.  While this is a significant action in the fight against climate change, and much needed in light of the shale-driven national drilling renaissance, there is a gaping hole in the methane rules that has environmentalists worried — …

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