Previewing This Week’s Oral Arguments in the Supreme Court’s Most Important Property Rights Case This Term
On Tuesday, the U.S. Supreme Court will hear oral arguments in what is shaping up as the Court's most important property rights case of the current Term: Koontz v. St. Johns River Water Management District, No. 11-1447. What can we expect? Koontz is one of three Takings Clause cases on the Court's docket this Term. It decided a "physical invasion" involving federal flooding and consequential damaging of state-owned lands, Arkansas Game and Fish Commission v. U.S.,...
CONTINUE READINGHow certification could reduce the environmental impacts of marijuana farms
This article from the LA Times (a few weeks old) highlights an emerging environmental problem in California – and presumably, elsewhere around the country: The negative impacts on water quality and availability and habitat from marijuana farms. Farms often use enormous amounts of water to grow their crops, without getting the necessary permits for diverting water – placing endangered salmon runs on the north coast of California at risk. There is evidence the farm...
CONTINUE READINGSupreme Court haiku blues
Who knew there was a Supreme Court Haiku Reporter? Here's its analysis of the LA County Flood Control District case decided earlier this week (h/t Megan Herzog): The flow of water No discharge of pollutants Within same river --which, I have to say, I find pretty disappointing. In response, I offer my own. Not quite the trenchant analyses of my co-bloggers on this topic, but here goes: Nine judges answer A stormwater question that No one had asked. Bleh. O...
CONTINUE READINGThe Last Rockefeller
Senator Jay Rockefeller (D-WV), the current chair of the Commerce, Science, and Transportation Committee has announced his retirement. Rockefeller is 75, and faced a tough re-election fight in West Virginia, which has gone from being the state of John L. Lewis to the state of Mitt Romney -- it went for Romney last year by 37 points. We probably should have figured that Rocky wasn't running again when he gave a brave speech on the Senate floor last year chastising the ...
CONTINUE READINGNew Symposium on Disaster Law
The Duke Environmental Law and Policy Forum has just published a great symposium on disaster law. The authors include some leading lights in environmental law, and for good reason, since disaster issues and environmental law are closely related. Here are links to all of the individual articles: Articles Introduction: Legal Scholarship, the Disaster Cycle, and the Fukushima Accident PDF Daniel A. Farber 1 Disaster Justice: The Geography of Human Capabilit...
CONTINUE READINGWhy Monitoring Matters
There’s been a lot of discussion here about the failings of the latest Supreme Court environmental decision in Los Angeles County Flood Control District v. NRDC. I don’t really want to pile on with those criticisms – though it is baffling to me that the Court wasted its very limited judicial resources correcting the Ninth Circuit’s interpretation of the Clean Water Act in a case where the stakes of that interpretation were so low, and where the real problems in...
CONTINUE READINGDarwin and Climate Change Adaptation
The Stanford Press Office has released a blurb about new research examining what types of coral are most nimble in adapting to climate change. In the case of humans, it is self evident that more educated, higher income people and nations will have an easier time adapting to climate change. If we anticipate this point, what policies do you embrace? 99% of economists support a carbon tax or cap and trade but given political realities what feasible policies do you ...
CONTINUE READINGWhat to expect from President Obama’s inaugural address
The countdown to President Obama’s January, 21 2013 inauguration begins: there are only ten days left for the President’s speechwriters to put the finishing touches on the President’s second, and final, inaugural address. The inaugural address is the first of two important opportunities President Obama will have in the coming months to describe the course of his second term to the American public (the other being the State of Union, expected sometime in Februar...
CONTINUE READINGUC Berkeley report demonstrates need for strict resource shuffling rules in cap-and-trade
The Energy Institute at Haas, part of UC Berkeley, has a new study that looks at California's rules for regulating electricity importers in the cap-and-trade program. These rules attempt to keep importers from gaming the cap-and-trade system via resource shuffling. The Energy Institute has simulated different counterfactual cap-and-trade rules using 2007 electricity market data. The report makes a good case for setting the default emissions rate rather high, at the ra...
CONTINUE READINGLA River Supreme Court opinion: narrow or broad-reaching?
As Sean posted yesterday, the U.S. Supreme Court issued its rather short opinion in Los Angeles County Flood Control District v. NRDC. Rather unsurprisingly, the Court ruled that water that flows from an improved (channelized) portion of a river to an unimproved portion of that same river cannot be considered a "discharge of pollutants" under the Clean Water Act. No party nor amicus, to my knowledge, argued otherwise. The Court asked and answered a question with wh...
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