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 capture it. The truth is, if you eat chicken regularly, you’re probably eating some salmonella,...
CONTINUE READINGJohn Roberts: Stupid Like a Fox
Hiding Behind Anti-intellectualism to Obscure a Political Agenda
Chief Justice Roberts doesn't think much of law reviews: Pick up a copy of any law review that you see and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th-century Bulgaria, or something, which I’m sure was of great interest to the academic that wrote it, but isn’t of much help to the bar. Where to start? One might wonder at the outset why in particular scholarship should be helpful to the bar, especiall...
CONTINUE READINGWho 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 to the poll: (a) the results are plausible; (2) the voters are being realistic; (3) this is good news in the short run; (4) it's a...
CONTINUE READINGPostcard from Barcelona
Looking at the Catalonian path to sustainability
Flying into Barcelona, it becomes immediately obvious that this is a city with its eye on a sustainable future. Right along the waterfront is a large photovoltaic array, perched on four giant supports. It is emblematic of a broader set of initiatives that, for a short time, placed Spain at the forefront of renewable energy deployment. But Barcelona’s efforts toward sustainability are much broader and deeper than a showcase solar installation. As is true with eve...
CONTINUE READINGDoes 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 been a noticeable downward trend. Attitudes toward EPA are actually more favorable (by 5%) then they were in 2010. Today's approval rating is abo...
CONTINUE READINGOn our reading list: Market framing and morality
Economists offer experimental evidence that market transactions blunt moral intuitions
Take my views on this study with a grain salt, because it confirms my priors. I've long agreed intuitively with Mark Sagoff that people make different choices in market settings than in more public-regarding settings. And I've been fascinated over the years by the empirical evidence that confirms that intuition, including the work of Samuel Bowles and Robert Franks showing that market framing and economics training increase self-interested behavior. So I'm primed to ...
CONTINUE READINGEnergy 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 role of law in facilitating a clean energy future. These topics could not be more important or timely. If you are in ...
CONTINUE READINGNew 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 prospectively the federal courthouse door to climate change litigation. Subsequent events would have proven that view sadly ...
CONTINUE READINGELQ’s Annual Review issue now available online
Every year, Ecology Law Quarterly publishes its Annual Review of Environmental and Natural Resource Law. The latest version is now available at ELQ's web site. Check out these articles from the issue. You'll find they cover a tremendous amount of ground in a way that is both educational and entertaining. And at the ELQ site you'll also find "In Brief" casenotes, a book review, and the latest from Ecology Law Currents. Nathaniel Johnson, Sackett's Limit Katie Schaef...
CONTINUE READINGThe Climate Gamble
Paul Krugman has a review of a new book by William Nordhaus about climate policy. By way of preface, I should say that Nordhaus is not particularly popular with environmentalists, who have generally considered him as too conservative in his policy recommendations. Nordhaus does, however, more or less define the mainstream view -- he's very well respected and has been modeling the economics of climate change longer than anyone else. So Nordhaus's curr...
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