The Food Safety Paradox
As Tom McGarity documents in his recent book, Freedom to Harm, the American food safety system is in disarray. You'd think we'd all be wiped out by food poisoning. Yet, the rate of sickness caused by bad food seems to have remained constant since the mid-nineties. What's going on? McGarity and others are right about the state of the regulatory system. Food safety is divided between the Food and Drug Administration (FDA) and the United States Department of Agric...
CONTINUE READINGAre Transit Strikes Bad for the Environment?
Banning public transit strikes might help the environment
Even if you’re not from the Bay Area, you’ve probably heard about the labor troubles at the Bay Area Rapid Transit system (BART) – the rail system that is one of the largest public transit providers here in the Bay Area in terms of passengers. Hundreds of thousands of commuters use the BART system on a daily basis. But twice this year, those commuters had to find alternative routes to work because of strikes by the unions that operate the BART system. Those ...
CONTINUE READINGCelebrating A Half Century of Federal Environmental Law!
Later in this year, we will celebrate the fiftieth anniversary of the first modern environmental statutes, the Wilderness Act of 1964. NEPA followed five years later and then in quick succession came the creation of EPA, a slew of laws regulating pollution and toxics, the Endangered Species Act, and reforms of public lands laws. It's been a tumultuous half century -- think Anne Gorsuch Burford, Newt Gingrich, and Tea Party. Yet, at the end of fifty years, the maj...
CONTINUE READINGAnother opportunity for junior scholars
Call for papers for Sabin Colloquium on Innovative Environmental Law Scholarship
I'm happy to see that the opportunities for junior scholars to workshop papers are multiplying. In addition to the University of Washington workshop we recently noted, Columbia will be hosting its 2d Annual Sabin Colloquium on Innovative Environmental Law Scholarship. The Colloquium will take place May 8-9, 2014. Travel costs will be covered for all participants. A panel of distinguished scholars will select the papers. From the organizers: Eligible applicants are pre...
CONTINUE READINGThe Quiet Failure of Climate Denial in 2013
2013 Wasn't A Good Year for the Opponents of Climate Science
The latest IPCC report proves that scientists are unwavering in their view that human carbon emissions are causing dangerous climate change. In the scientific world, climate denial has no traction. It isn't gaining traction in the judicial or congressional worlds either. First, the judiciary. A three-judge panel of the D.C. Circuit, headed by a conservative judge, brushed aside objections to EPA's finding that carbon emissions endanger human health and welfare. ...
CONTINUE READINGCalifornia Headed for Record Drought: Will Critically-Needed Reforms Follow?
Confronting a Looming Environmental Disaster
The Sacramento Bee's fine environmental reporter, Matt Weiser, yesterday reported on a looming, major drought facing California and its regional neighbors. The figures aren't pretty. A persistent high-pressure front stretching over the Gulf of Alaska and most of the Northern Pacific has diverted the normal fall and winter storm track away from California and other southwestern states over the past several months. With little precipitation in the first half of ...
CONTINUE READINGCarbon Responsibility — Producers versus Consumers
Carbon emitters, not their customers, bear the primary responsibility for combatting climate change.
Has the U.S. "exported" its carbon emissions to China by relying on China to manufacture so many of our goods? There seems to be growing support for the idea that carbon emissions should be tied to consumption of goods rather than their manufacture, as the NY Times reported recently. There is a grain of truth to the idea. But consumer responsibility should be considered secondary. The primary responsibility rests with producers. Most of the debate has been...
CONTINUE READINGAttention junior scholars
University of Washington to hold third annual Young Environmental Law Scholars Workshop
The University of Washington has issued a call for abstracts for its 3rd annual Young Environmental Law Scholars Workshop. Here's how the organizers describe it: This collegial two-day workshop features discussion of works-in-progress by early career environmental law scholars: professors with two or fewer years of tenure, pre-tenure professors, visiting assistant professors, or legal fellows. We invite submissions from the broad fields of environmental, natural resourc...
CONTINUE READINGIf You’d Like to Support Our Environmental Work
It's not too late for the last tax-deductible gift!
"The time has come," the Walrus said, "To speak of many things, Of shoes--and ships--and sealing-wax-- and gifts to the UCs." OK, so Lewis Carroll didn't write that. But just in case you might be thinking about making a gift at the end of the year, you might consider the UC Berkeley and UCLA environmental law programs as possibilities. Both schools are doing great work on environmental policy, including this bog and much more. If you'd like to support Berke...
CONTINUE READINGNew on Ecology Law Currents
Ecology Law Currents, ELQ's online companion, features lively short-form commentary. Check out the latest, an analysis of California's cap-and-trade program. Author Penni Takade argues that the program has two key weaknesses: The first weakness is the process of allocation for GHG allowances to regulated firms. Under California’s allocation process, cap and trade will exacerbate economic inequities and raise the total cost of the program. A new lawsuit threatens...
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