Capturing Carbon

A recent CRS report provides a wealth of information about carbon capture.  You can learn a lot about the various technologies and how close or far they are from possible adoption.  But for most of us, the technical details matter less than the answers to some key questions: Is carbon capture technically feasible?  Can it be done at scale?  At what cost? There's no question that carbon capture is technically feasible.  There are a number of well-understood me...

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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 a couple of theories about how to avoid the problem.  These theories are interesting, and I hope that industry tries them so we can find out ...

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Is Missouri v. Holland in the Court’s crosshairs?

Justices look for limits on Treaty Power in domestic dispute case

The headline environmental cases at the Supreme Court this term are of course about the Clean Air Act, specifically about its application to cross-state pollution (as Dan has explained here) and to greenhouse emissions (as Ann has addressed here and here). But sometimes cases that at first glance seem wholly unrelated to the environment could also have important implications for the future of environmental law. Bond v. United States, argued this week, is one of those...

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Will Anyone Have Standing to Challenge EPA’s Rules for New Coal Plants?

EPA has issued rules that will essentially require new coal plants to use carbon capture and sequestration, a technology that has not been implemented at full scale yet.  No doubt that coal industry and utilities will try to challenge the rules in court.  But they probably lack standing to do so for a simple reason: no one is planning to build any new coal plants anyway right now. Without any clear prospect for new coal plants, EPA's rules won't be causing a con...

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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 Polar Bear).”  Some of the examples here seem right to me: Praying mantises are not in trouble (I didn’t even k...

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Energy and Climate Conference — Thursday November 14th at UC Berkeley Law

State Bar event will cover renewables, fuels, and markets in an era of climate change

For Legal Planet readers interested in hearing the latest on energy and climate change law and policy, the Environmental Law Section of the California State Bar will be holding a one-day conference on the subject at the UC Berkeley School of Law on Thursday, November 14th.  Entitled "Energy and Climate Change: California’s Efforts to Reduce Greenhouse Gas Emissions Through Renewables, Fuels, and Markets," the conference will feature keynote and panel speakers includin...

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Private Flood Protection

Private flood control is no substitute for government action.

Last week, the NY Times had a story about Verizon's new flood barrier for its Wall Street building, which is a designated landmark. On one level, it's a pretty cool project -- a portable barrier designed to keep out the water during a hundred-year storm (plus  2-feet for storm surge plus an extra foot to account for climate change.)  I really hate it when someone comes in to carp when something apparently constructive and smart happens.  In this case, however, a b...

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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 visible fight in the conference committee is likely to be the scope of food assis...

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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 research, assessment, and planning for adaptation. Today's Executive Order will continue those ef...

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Tackling Plastic Pollution in the Oceans

New Emmett Center report recommends top ten solutions for marine plastic debris

Ever wonder where the plastic crap that we generate winds up?  Much of it ends up in the oceans.  An estimated 20 million tons of plastic litter enter the ocean each year, much of it from land debris but also coming from fishing and aquaculture operations, shipping, and other marine sources.  The stuff takes a really long time to degrade in marine environments, and it has nasty effects.  Many of us have seen photos of marine animals trapped in debris.  Necrops...

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