Norris C. Hundley, Jr., 1935-2013

Environmental scholarship has lost a real giant: Norris Cecil Hundley Jr., a former resident of Pacific Palisades, passed away peacefully on April 28. He was 77.  Born to Norris and Helen Hundley on October 26, 1935 in Houston, Texas, Norris is survived by six younger siblings... Norris graduated from Whittier College in 1958. After receiving his Ph.D. in history from UCLA, he taught at the University of Houston for a year before returning to UCLA in 1964. He was a pr...

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The Right-Wing Noose Tightens on Recess Appointments

Republican judges are continuing to do their best to hamstring the Obama Administration: six days ago, the Third Circuit joined the DC Circuit in restricting recess appointments to intersession recesses.  Intrasession recesses, which, as the Court noted, were made routine under Ronald Reagan and used nearly 150 times by George W. Bush, are now unavailable.  (The name of the case is NLRB v. New Vista Nursing & Rehabilitation).  Although it's always hazardous to mak...

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Maybe a Super EIS for Climate Policy?

Following closely on the heels of Ann's argument concerning the flaws of the Keystone XL DEIS came a NYT story from John Broder with an interesting suggestion: if the administration approves the pipeline, then it should do something else in order to advance the battle against climate change: [C]ould some kind of deal be in the offing — a major climate policy announcement on, for example, power plant regulation or renewable energy incentives — to ease the sting of t...

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New York Nasty versus Los Angeles Nice?

Tomorrow, Los Angeles voters go to the polls to elect a new Mayor.  (At least a few of them, anyway: current estimates predict only 25% turnout, about which more later).  In September, New Yorkers will do the same.  And depending upon the way things turn out, political and cultural reporters could have a field day.If Christine Quinn and Wendy Greuel win in their respective cities, we will have female mayors of both cities for the first time.  And the press will have ...

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We Have Met the Unknown Unknowns and They are Us

There are uncertainties about climate science such as tipping points and feedback effects.  But these pale in comparison to the biggest source of uncertainties: people. Here are some of the major things we don't know and really can't know about future society: Will economic growth continue, and if so, how quickly and how uniformly?  Richer societies can adapt more easily to climate change, and in a world of high growth we may have less reason for additional investmen...

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What’s holding up the Clean Water Act jurisdictional guidance?

Cross-posted on CPRBlog. People on both sides of the political spectrum agree that the boundaries of federal jurisdiction under the Clean Water Act are murky, to say the least. But efforts by EPA and the Corps of Engineers to clarify those boundaries have been tied up in the White House for more than a year, with no explanation and to no apparent useful purpose. The President is fond of telling that nation that it should place more trust in government. No wonder he's ...

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ELQ publishes Volume 40 Number 1

Ecology Law Quarterly is always worth a read, even if the electronic version lacks the beautiful Ansel Adams cover pictures. The latest issue has just been posted. Here are links to the articles: Michael Burger, Environmental Law/Environmental Literature Bruce R. Huber, How Did RGGI Do It? Political Economy and Emissions Auctions Tracey M. Roberts, The Rise of Rule Four Institutions: Voluntary Standards, Certification and Labeling Systems And Ecology Law Currents h...

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Reforming Prop 65

With all the attention being paid to proposals to reform the California Environmental Quality Act in the state legislature, there is another landmark California environmental law that the legislature and Governor Brown are thinking of changing.  In 1986, the voters of California enacted Proposition 65.  The law requires notification to consumers and the public about possible exposures to carcinogenic substances in consumer products and in public spaces (such as hotels,...

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How eucalyptus trees are connected to denying climate change

Here on Legal Planet, we talk a lot about climate skeptics/deniers, and we’re highly critical of them (for good reason!).  A lot of those climate skeptics/deniers are conservatives. But there’s no monopoly on scientific ignorance on one end of the political spectrum.  An example of that is close to home here at UC Berkeley. In 1991, a deadly firestorm raced through the Oakland/Berkeley hills, killing 25 people and destroying thousands of homes.  A key factor in ...

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Coal Power and Climate Denial

What causes certain political figures either to deny the potential for climate change, or deny that human activity is a major cause? That question came to mind while reviewing a new report issued by Ceres entitled Benchmarking Air Emissions for the 100 Largest Electric Power Producers in the United States. The report does an impressive job of documenting the extent to which greenhouse gas emissions resulting from electric power production are concentrated in a limited nu...

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