A Farewell to August: Tax Private Jets!
For Dan, Labor Day means thinking about Labor. For me, it means thinking about the horrific traffic that Cape Cod summer residents face on their way back to wherever. Or rather, it means thinking about the ridiculous mode of transportation the some friends of mine used to avoid that traffic. My friends work for a fancy hedge fund in New Jersey. So how did they get to the Cape for their vacation? By private jet -- what else? As I told one of them, "As your fri...
CONTINUE READINGEnvironmental Law — Teaching Opportunities
It seems especially appropriate on Labor Day to spread the word about some job opportunities at law schools for teaching in environmental law and related fields. I'll update the list as new openings come in. The Florida State University College of Law seeks to hire a lateral, tenure-track faculty member to fill a named professorship and teach in the areas of environmental law, energy law, land use, natural resources law, coastal and ocean law, or water law, or a combi...
CONTINUE READINGEnvironmental Economics Textbook Competition
For lawyers who value what environmental economists have to say, you have a broad selection of texts to choose from. Here are Amazon's favorite environmental economics textbooks. Mine is the cheapest ($2) and the best one! ...
CONTINUE READINGDriven Past Endurance
This is probably not the best time to talk about the social cost of driving, given that many readers are probably planning to drive to see family. But no one is saying that you should never drive anywhere -- just that reducing driving has some positive benefits. The math is simple. The environmental impact of driving equals: (Emissions/unit of energy) x (units of energy/mile) x (miles traveled). Environmental regulators have done things to reduce emissions per...
CONTINUE READING(Tentative) ruling in cap-and-trade case looks good for CA: ARB has auction authority
It's never over till it's over, but for now California is breathing a little easier as it defends its cap-and-trade allowance auctions from two high-profile industry challenges. The cases, which Ann has discussed here and here, were filed by the California Chamber of Commerce and the Pacific Legal Foundation, and they make both statutory and constitutional arguments against the auction. Plaintiffs argue that ARB exceeded its authority under AB 32 when deciding to distr...
CONTINUE READINGShark Fins, Federal Preemption & the Ninth Circuit–An Update
Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California's recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who'd filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for the Ninth Circuit. There, in a move that surprised many observers, the fed...
CONTINUE READINGClimate change and insurance
I’ve made this point before, but here’s a challenge for “climate skeptics.” The insurance industry is a competitive, profit-oriented industry. They should have little room for believing in the hoax of climate change: After all, if they did, then a smarter competitor wouldn’t bet on climate change and would clean their clock. And yet, in this giant industry (where revenues and expenditures are measured in hundreds of billions of dollars), presumably full o...
CONTINUE READINGMore on the Two-Year Law School
Today, Berkeley and a number of other law schools offer specialized courses and activities in the environmental area. For instance, this year at Berkeley, we're offering Biodiversity Law, Energy Project Development & Finance Class, Environmental Justice, Environmental Law Writing Seminar, Environmental Law and Policy, Land Use Law, and the Law of Hazardous Waste, along with a field placement program. Students can also work on the Ecology Law Quarterly, our...
CONTINUE READINGEnvironmental Law and the Two-Year Law School
The NY Times reports that Obama has endorsed the idea of two-year law schools: On Friday, he questioned the utility of a third year of classes and suggested that students use their final two semesters to gain work experience. “In the first two years, young people are learning in the classroom,” Mr. Obama said. “The third year, they’d be better off clerking or practicing in a firm even if they weren’t getting paid that much, but that step alone would reduce the ...
CONTINUE READINGFeds 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...
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