Region: National
Fukushima + 3
Three years after the meltdowns, the cleanup is still underway and the safety of the nuclear fleet is still unclear.
It’s been a little more than three years since the Fukushima accident began. Where do things stand? At Fukushima itself, the reactor owner is still struggling to get conditions under control. For instance, Asahi Shimbun reported last month, Treatment of radioactive water at the Fukushima No. 1 nuclear plant has been suspended indefinitely after a …
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CONTINUE READINGWill Regulatory Takings Always Be A Mess?
Takings law is a legal quagmire. It’s likely to stay that way.
I recently reread an article that my late colleague Joe Sax published exactly fifty years ago. It’s a striking piece of scholarship, all the more impressive so early in his career. But one particular statement made a particular impression on me: “Nevertheless, the predominant characteristic of this area of law is a welter of confusing …
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CONTINUE READINGIn Harm’s Way
Millions of people are in the path of rising seas. The time for action is now.
The NY Times has run a series of articles in the past few days dealing with disaster issues. Taken together, they highlight the urgency of government action to protect populations in harm’s way. One article dealt generally with the threat posed by sea level rise. Miami is something of a poster-child for these problems, given its …
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CONTINUE READINGAs Oil by Rail Gains Momentum, Is California On Track to Protect Human Health and the Environment?
A closer look at the data and key legal issues
California will soon see a surge in the number of trains carrying crude oil into the state, as oil production in North Dakota’s Bakken region and Canada continues to increase, sending more crude to California refineries. Last week, the California Senate Environmental Quality Committee and Natural Resources Committee held a hearing on the safety of …
CONTINUE READINGBiofuels and Food Prices
A recent economics paper suggests strongly that biofuels have raised food prices for the world’s poor.
Berkeley economist Brian Wright has a disquieting article in the Winter 2014 issues of the Journal of Economic Perspectives, which just crossed my desk. JEP is published by the American Economic Association and is a great resource for those of us who are interested in economics but aren’t professional economists. This article is a case in …
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CONTINUE READINGJustice Roberts Should Welcome EPA’s Proposed New Wetlands Rule
The Environmental Protection Agency today issued a proposed new rule that seeks to clarify exactly how far the federal government’s jurisdiction reaches in requiring permits for the dredging and filling of wetlands. In doing so, President Obama’s EPA is responding directly to Chief Justice John Roberts’ lament in his concurring opinion in Rapanos v. United …
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CONTINUE READINGSea Level Rises, Premiums Not So Much
Congress apparently just couldn’t resist restoring subsidies for coastal homeowners.
The President has now signed an important modification of the flood insurance program. The changes are hard to understand, in part because the bill changed an earlier 2013 law that itself amended the basic statute. So you have to work through the whole sequence to see what is going on. Before I go into more …
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CONTINUE READINGThe Perils of Rail Transit and Democracy
How Decentralized Decision-Making Can Screw Up Rail Planning and Implementation
Americans seem to love democracy but hate many of the results. We want governmental power to be decentralized, whether it’s across three federal branches or with local control over sometimes regionally oriented land use decisions. But when the inevitable compromise that is required to get majority approval means a less-than-perfect result, from Obamacare to budget …
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CONTINUE READINGTwo good recent articles on environmental law
Regulating diffuse harms is a key future challenge for environmental law
JOTWELL is a blog dedicated to highlighting some of the best, recent legal scholarship. I recently posted a review there of two excellent recent articles in environmental law — I think they’re both terrific because they both highlight what I think will be an increasingly important issue in the future of environmental law: How we …
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CONTINUE READINGRand Paul versus Clean Water
Rand Paul’s plan to cut wetlands protection and make enforcement against polluters impossible.
Rand Paul recently won a big victory in the straw poll held by CPAC,the Conservative Political Action Conference. In the environmental area, his signature measure is the Defense of Environment and Property Act. On its surface, the goal of the law is to cut back on federal jurisdiction over wetlands. The bill would drastically cut back …
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