Feds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation
In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California's ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, scientists and organizations such as the Monterey Bay Aquarium to ban the practice of killing sharks for their fins. The oppo...
CONTINUE READINGMonitoring problems again
I’ve posted a lot on how important monitoring of environmental conditions is for environmental law, and how difficult it can be to do monitoring well. Here is another recent example from the news. After the Deepwater Horizon blowout, there was a lot of concern about how much oil was leaked into the Gulf of Mexico, and the impacts of that oil on the commercial seafood industry in the Gulf and on the marine ecosystems more broadly in the Gulf. A recent study by a...
CONTINUE READINGUCLA / UC Berkeley Law Report on High Speed Rail Policies for California’s San Joaquin Valley
The environmental law centers at UCLA and UC Berkeley Schools of Law are releasing today a new report on policies to maximize the economic and environmental benefits of high speed rail in the San Joaquin Valley. “A High Speed Foundation: How to Build a Better California Around High Speed Rail″ is the eleventh report in the Climate Change and Business Research Initiative, funded by Bank of America. To launch the report, the law schools are holding a lunch event in Fr...
CONTINUE READINGDid Kenny Kill High Speed Rail?
On Friday, California Superior Court Judge Michael Kenny ruled that California's plan for the initial construction segment of high speed rail in the San Joaquin Valley violated the terms of the 2008 voter-approved initiative that launched the project. Petitioners and some in the media are calling it a major setback for the system. However, the judge acknowledged that the remedy for this violation is unclear, and he requested a hearing for this next phase to discuss furth...
CONTINUE READINGLegal Planeteer Rick Frank Appointed to California High Speed Rail Authority
Congratulations to co-blogger Rick Frank for his appointment to the California High Speed Rail Authority Board of Directors. As an expert on California environmental law, Rick will bring invaluable expertise to the Authority board as they implement this enormous infrastructure project. For a blast from the past, read his Legal Planet take on high speed rail here. Californians will be well-served with Rick helping to guide the project....
CONTINUE READINGBusinesses Without Standing
Standing is notoriously a barrier to litigation by environmental groups. In fact, many of the Supreme Court's major standing decisions involve environmental claimants. The conventional wisdom is that standing is no problem for businesses because regulations limit their freedom of action and impose financial costs. But recent cases suggest that's an oversimplification. In fact, it may not be that unusual for business groups to run into standing problems. The most...
CONTINUE READINGThe American Way of Eating
Gallup has done a fascinating series of surveys recently on fast food and diet. Here are some highlights: What we eat? About 30% of Americans have fast food at least once a week, while another 30% say they have it once or twice a month. Interestingly, about half of Americans think fast food isn't really good for you, with another 25% thinking it's "not good at all." Americans earning $75,000 per year are more likely to eat fast food than those earning under $20,00...
CONTINUE READINGA New/Old Jewish Environmental Ethic: Don’t Go About Like a Merchant
Even the most cursory look at Jewish ethics will reveal a vehement -- at times almost obsessive -- concern with preventing gossip. Even little kids grow up being warned against לשון הרע ("Lashon Hara"), literally the "evil tongue" -- a horrific sin in traditional Jewish ethics. The great rabbi Yisrael Meir Kagan (1838-1933, and no relation as far as I know although it would be cool) wrote an entire book about it, the Chofetz Chaim, which is still studied to...
CONTINUE READINGFresno High Speed Rail Lunch Event — Tuesday August 20th
Forget Elon Musk's Hyperloop -- high speed rail is coming to California. Construction is slated to begin in California's San Joaquin Valley in the next few months (and possibly sooner). What will the impact be on the Valley’s cities, farms, and pocketbooks? How can Valley leaders ensure that the system maximizes the economic and environmental benefits for residents? Join the UC Berkeley and UCLA Schools of Law for a lunchtime forum in downtown Fresno on high speed r...
CONTINUE READINGThe Long, Losing War Against Government Regulation
Since the time the laws were passed, the anti-regulatory movement has fought to roll back the health and safety regulations of the 1970s. The battle has been fierce. As with the trench warfare of World War I, there have been many loud and hard-fought battles, but the outcome has generally been to move the lines only a small distance. Moreover, anti-regulatory forces seem to be very slowly giving up ground. The trend is for new legislation to expand and strengthen regulat...
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