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 ...
CONTINUE READINGWe 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...
CONTINUE READINGWhat’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 ...
CONTINUE READINGELQ 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...
CONTINUE READINGReforming 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,...
CONTINUE READINGHow 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 ...
CONTINUE READINGCoal 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...
CONTINUE READINGWaiter, What’s This Fly Doing In My Soup?
This is the sort of thing that gives environmentalism a bad name: The UN has new weapons to fight hunger, boost nutrition and reduce pollution, and they might be crawling or flying near you right now: edible insects. The Food and Agriculture Organization on Monday hailed the likes of grasshoppers, ants and other members of the insect world as an underutilized food for people, livestock and pets. A 200-page report, released at a news conference at the UN agency’s Rome...
CONTINUE READINGThe Economics of Insurance in the Face of Climate Change
Eduardo Porter offers a "teachable moment" thanks to his NY Times Business piece on insurance today. He writes a piece arguing that for profit "conservative" firms have a stake in fighting climate change. While I want this logic to be correct, an academic might ask whether it is correct. The insurance industry makes profit if it collects more in premiums than it pays out during disasters. So, if it sells $20 million dollars worth of insurance but only 3 guys ...
CONTINUE READINGCalifornia Supreme Court Upholds Local Government Bans on Pot Dispensaries
In its most important land use decision since 2011, the California Supreme Court has upheld local governments' power to ban marijuana dispensaries within their jurisdictions. Last week the court unanimously rejected marijuana advocates' claim that such local bans are preempted by California state law. The Supreme Court's opinion in City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. can be found here.The seeds of this dispute can be found in Cali...
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