OT 2012 and the Environment
This Supreme Court Term features a number of environmental cases. We're now about two-thirds of the way through the Term, so I thought it might be helpful to post a summary of the cases. My impression is that the Court is interested in environmental law to the extent that it seems to impinge on the rights of individual property owners. But the Court doesn't seem take much of an interest in risk regulation or air pollution, despite their importance for the economy and...
CONTINUE READINGThe Sandwich and Urban Pollution Progress in China
The principal-agent problem is a classic issue in modern economics. Consider the case of a Chinese Mayor who must choose whether to enforce regulations on a local steel plant. Pollution would decline if this regulation is enforced but the profits of the firm might fall and this could affect the local economy if the firm fires workers and it could affect the Mayor if the firm is making side payments to the Mayor. In the past, the mayor had private information abo...
CONTINUE READINGWhat IS a Nuisance, Anyway?
If you're a Property teacher, you have probably taught nuisance law. If you are a Land Use teacher, you have probably taught Lucas v. South Carolina Coastal Council, which relies on nuisance law to establishing "inherent limitations on title." More specifically, you have probably taught the Restatement standard for nuisance, which states that an activity is a nuisance if 1) the gravity of the harm exceeds the utility of conduct; or 2) the harm is serious and the def...
CONTINUE READINGTakings, Standing, and Those Nasty Neighbors
Most lawyers reading this page are familiar with Nollan v. Calif. Coastal Comm'n, the 1987 Supreme Court case holding that exactions in exchange for land use permits must show an "essential nexus" between the purported harm generated by the permit and aims of the exaction. (More precisely, Nollan gave heightened scrutiny to finding that nexus.). Whatever one thinks of the holding, it could possibly lead to some perverse outcomes. Here's the hypothetical that I gi...
CONTINUE READINGNinth Circuit takes up NRDC v. Salazar en banc
The Ninth Circuit today issued an order granting rehearing en banc in NRDC v. Salazar, meaning that an 11-member panel will now reconsider the 3-judge panel decision issued last July. (Hat tip: Endangered Species and Wetland Report.) This is very good news, because the (split) panel decision was wrong in important respects. (Full disclosure -- I signed onto an amicus brief in favor of rehearing en banc.) Of course the en banc court won't necessarily reverse, but it will...
CONTINUE READINGCan Universities Be The Future Home of Environmental Journalism?
Consider me somewhat skeptical of the arguments, well-presented by Jayni, that The New York Times' killing of the Green blog will somehow enhance the paper's environmental coverage. It reminds me a little of the attempts of law schools to teach ethics not with a specific class but with the suffusion method: it's an easy way to avoid doing what you don't want to do. And there are grounds for a strong suspicion as to why the Times no longer wants to run the blog or pay...
CONTINUE READINGAn ELQ twofer
My apologies to the folks at ELQ -- I missed their last publication date. (Hint: please send one of us a heads up when an issue comes out if you want it posted on LP.) So here are links to the articles in the latest two issues, Volume 39 issues 3 and 4. Of course, the latest from both ELQ and Ecology Law Currents is always available direct from ELQ's website. ELQ Volume 39 Issue 3 Hope Babcock, Can Vermont Put the Nuclear Genie Back in the Bottle? A Test of Congressional...
CONTINUE READINGA Great New Appointment: Edith Ramirez as FTC Chair
President Obama has appointed Edith Ramirez to chair the Federal Trade Commission; since she already serves on the FTC, this thankfully does not require Senate confirmation. It's a terrific appointment. I have known Edith for about 15 years now; we served together on the board of the Los Angeles Center for Law and Justice, one of the best legal services organizations in the country. I have always been impressed with her intelligence and judgment in a wide variet...
CONTINUE READINGNew York Times Says Farewell to “Green Blog” and Environment Desk
A few days ago, the New York Times cancelled its “Green Blog,” dedicated to environmental and energy news. The Times told readers to look for environmental policy news on the “Caucus blog,” dedicated to politics, and energy technology news on the “Bits blog,” dedicated to the business of technology. The demise of the Green Blog came less than two months after the Times eliminated its environment desk – created in 2009 – and reassigned the writers ...
CONTINUE READINGLaw 2050 — a new “legal futurism” blog
JB Ruhl at Vanderbilt University has launched a new blog called Law 2050. He describes the blog as "a forum for envisioning the future of law, legal practice, and legal education," or in shorthand "legal futurism." That's obviously not limited to environmental law, but his examples (not to mention the fact that JB has been writing primarily about natural resources and environmental law for the many years he's been an academic) make it clear that natural resources and env...
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