Air Pollution in China Shuts Down City of 11 Million

The airpocalypse is back. What should Chinese leaders do about it?

On Sunday, the start of the heating season in northern China brought the “airpocalypse” back with a vengeance (although some might say it never left).  Harbin, the capital of Heilongjiang Province and home to 11 million people, registered fine particulate (PM2.5) pollution levels beyond 500 on the Chinese Air Quality Index, which is considered hazardous to human health.  Measurements in some parts of the city reached 1,000 micrograms per cubic meter.  As a result,...

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Playing Chicken With Food Safety

Food safety doesn't get the attention it deserves from regulators. Case in point: the latest Salmonella outbreak.

Food safety is something of a step-child of U.S. regulation.  The public obviously cares about it, but it lacks the kind of attention from advocacy groups that the environment gets.  The results have not been pretty. Food safety is divided between the Food and Drug Administration (FDA) and the United States Department of Agriculture (for meats and poultry).  Keep in mind that USDA's main mission is promoting the agriculture industry, so you have to wonder how z...

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Helping to Break The Junk Food Habit

Some of the methods used to regulate alcohol could help with junk food.

A recent study shows that rats find oreos addictive -- they like eating them just as much as they like cocaine.  And they definitely preferred them to healthier foods like rice cakes.  People seem to have the same difficulty in resisting junk food as rats. What's to be done? A recent paper by RAND researchers suggests that relatively modest regulations could help.   The model they have in mind is based on alcohol regulation. The idea would not be to ban jun...

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A Big Step for the Montreal Protocol

Parties to the Montreal Protocol will hold their 25th meeting next week in Bangkok.  In addition to all their normal business related to the continuing phasedown of ozone-depleting substances (ODS), parties at this meeting will consider a huge step, in the form of proposals to amend the Protocol to phase down Hydrofluorocarbons (HFCs).  Proponents of this step have been working hard to promote it, and have secured widespread support beyond the sponsoring delegations, i...

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Senator Vitter celebrated the shutdown of the EPA

I’ve written elsewhere about how some elements of the Tea Party and the Republican party have made clear that their goal is not just “reform” of environmental laws, but the elimination of all environmental regulations.  Dan has noted the same point in looking at Ron Paul’s campaign platform in the last presidential election.  Here’s another example.  Republican Senator David Vitter has developed a top ten list of the benefits from the government shutdown.  ...

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CEQA Reform 2013 Holds Promise for Improving the Environment

Despite grumblings, the new law contains significant victories for infill development and urban investment

Governor Brown recently signed into law this year’s version of “CEQA reform,” which as Eric noted was decidedly stripped down from what it could have been. SB 743 (Steinberg) got a lot of negative attention for giving the Sacramento Kings basketball arena proponents accelerated environmental review and immunity from injunctive relief unless the project is found to jeopardize public health, safety, or archaeological resources. In exchange for these benefits, the...

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More Musings on the Cert Petition Grant in the Greenhouse Gas Emissions Case

Does Regulating Greenhouse Gases Lead to Absurd Results and What Happens Once the Court Rules?

In follow up to my early morning post of this morning, here are a couple of additional points. 1)  A related but different argument petitioners are making about why the PSD provisions don't apply to the regulation of greenhouse gases is that the application of the provisions would lead to absurd results.  The absurd results come about because the definition of "major source" in the PSD statutory language -- 100 tons per year of any air pollutant -- would sweep in a ...

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Supreme Court Grants Cert on One Aspect of Greenhouse Gas Emissions Suit

Court lets stand endangerment finding, rules regulating emissions from automobile tailpipes

This morning, the Supreme Court announced that it has granted six of the nine petitions challenging the D.C. Circuit Court of Appeals ruling upholding the Environmental Protection Agency's rules regulating greenhouse gases under the Clean Air Act.  The Court granted cert on only a single question (petitioners had raised a number of them): Whether EPA permissibly determined that its regulation of greenhouse gas emissions from new motor vehicles triggered permitting requ...

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Where Have You Gone, Justice Stevens?

The Supreme Court Misses Justice Stevens' Influence & Perspective on Environmental Law

With the commencement of the U.S. Supreme Court's new Term, it's appropriate to note--and bemoan--the absence of a strong environmental voice on the Court these days. Until his retirement in 2010 after a quarter century on the Court, Justice John Paul Stevens ably served in that role. By contrast, none of the current justices seems particularly interested in environmental law, much less willing to serve as a strong voice on the Court for environmental principles. And tha...

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Mass. v. EPA bears fruit for environmental petitioners

Court rules that EPA must decide if new water quality standars are needed to protect the Gulf of Mexico

Cross-posted at CPRBlog. A US District Court in Louisiana recently ruled, in Gulf Restoration Network v. Jackson, that EPA must decide whether it has to impose new water quality standards for nutrient pollution in the Mississippi River watershed. Although that might seem far afield from the Supreme Court's greenhouse gas emissions decision in Massachusetts v. EPA, in fact it's a direct descendant. The Administrative Procedure Act allows any interested person to...

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