Region: National

Standing for Coal?

In a previous post I questioned whether anyone would have standing to challenge EPA’s new plant regulations for coal plants, considering that coal plants are current uneconomical anyway due to low natural gas prices.  I was pleased that Inside EPA  wrote a story about my argument, and even more pleased that the story reported on …

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Are Polar Bears Really Endangered?

“Glib contrarianism” in environmental journalism

The news web site Slate is known for its counterintuitive articles – so much so, that the term “slatepitch” has been coined.  But sometimes trying to write a counterintuitive article leads you to write something, well, just wrong. Today, Slate ran an article about “Five Species You Thought Were Endangered That Really Aren’t (Including the …

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Congress Moves Forward on the Farm Bill

Congress conference committee considers Farm Bill, including numerous provisions with serious environmental consequences

Finally.  There is a Farm Bill conference committee, and it began meeting last week.  The Farm Bill is the vehicle for our major federal farm and food policy, including commodity subsidies, crop insurance, food assistance, and farm conservation.  Congress let the 2008 Farm Bill expire on September 30, 2012, and we have been living on extensions ever since. Although the most …

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Executive Order calls for climate adaptation

Presidential directive holds potential to move federal adaptation efforts forward, but implementation will be the key.

Cross-posted at The Berkeley Blog. Today, President Obama issued an Executive Order intended “to prepare the Nation for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience.” In some respects, this order simply continues ongoing efforts. Under this administration, the executive branch has already been doing a great deal of …

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A Second Helping of Chicken and Salmonella

Food safety levels leave plenty of room at the table for salmonella

Last week on Legal Planet, Dan Farber posted about the surprising regulatory inattention paid to food safety, using as example the latest chicken salmonella outbreaks in the U.S. (see “Playing Chicken with Food Safety,” 10/20/13).  This post picks up from there, to mention that while the recent incidents highlight the chicken-salmonella problem, they don’t quite …

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Who Does the Public Trust: Bureaucrats or Congress?

Voters would prefer EPA to make climate policy, not Congress. Is that a good thing? Yes and no.

Voters in swing states would prefer that EPA rather than Congress decide on U.S. climate policy.  According to a poll commissioned by the League of Conservation Voters, “The voters are much more inclined to trust the Environmental Protection Agency than they are to trust members of Congress” — by a 66-12 margin.  Here are my reactions …

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Does EPA Face a Crisis of Confidence?

Despite all the noise from House Republicans, EPA is just as popular now as 30 years ago.

Is the public losing faith in EPA?  You might think so from all the rhetoric from the Right. But Pew has just released the results of a survey on public attitudes toward government, which doesn’t support this view at all.  As it turns out, six out of ten Americans have favorable attitudes toward EPA.  Nor has there …

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Energy Innovation and the Law @ UCLA

A full-day UCLA Law Review symposium on Friday, November 1

The UCLA Law Review is holding a symposium next Friday, November 1 – Toward a Clean Energy Future: Powering Innovation Through Law.  Leading scholars from around the country will be at UCLA School of Law for the day to discuss innovative energy technologies, international energy issues, the challenge of new energy technology diffusion, and the …

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New Standing Barriers Erected for Federal Court Climate Change Litigation

Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts

In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …

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Playing Chicken With Food Safety

Food safety doesn’t get the attention it deserves from regulators. Case in point: the latest Salmonella outbreak.

Food safety is something of a step-child of U.S. regulation.  The public obviously cares about it, but it lacks the kind of attention from advocacy groups that the environment gets.  The results have not been pretty. Food safety is divided between the Food and Drug Administration (FDA) and the United States Department of Agriculture (for …

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