Environmental Law in Canada

Americans (especially liberals) often have a warm and fuzzy vision of our neighbors to the north as a kinder, gentler version of the United States.  (Remember this map after the 2004 election?)  But when it comes to environmental issues, that really isn’t the case. The conservative Canadian government led by Prime Minister Harper has recently introduced its budget for the next fiscal year.  In that budget, the Harper government appears to have taken a cue from pr...

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Can We Convince 500 People That Climate Change Is Important?

You might have noticed that in this election year, climate change has vanished from the national agenda.  There are lots of reasons for that, but in his superb takedown of Ayn Rand-acolyte and pathological liar Paul Ryan, Jonathan Chait may have stumbled on a way out. Chait observes that Ryan's budget plan does not reduce the reduce the deficit and in fact represents a massive redistribution of income from the poor and the middle class to the very wealthy. And yet: Rya...

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When a green option doesn’t make things greener…

California’s largest electric utility, the Pacific Gas & Electric Company (PG&E), has proposed to offer a Green Option Program through which individual customers could choose to pay a little extra for power that is 100% renewable.  In a move clearly designed to discourage local governments from starting their own green power programs, PG&E displays endorsement letters from a number of Northern California mayors. Some of those mayors express hope that tha...

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Legal Planet’s International Audience

Wordpress recently added a feature that provides websites with country statistics about readers on a weekly or monthly basis.  Not surprisingly, most of  our readers are American, and it's almost equally unsurprising that Canada and the U.K. are next on the list.  But somewhat more surprisingly, the fourth country is India, followed by Australia, Germany, and the Philippines.  And even more surprising is that viewers from 98 countries read Legal Planet last week -- i...

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The NRC Ducks the Hard Questions

As Fukushima revealed, the Japanese nuclear industry had a very cozy relationship with regulators.  That kind of coziness is not unheard of in the U.S. context, either. After the Three Mile Island accident, Congress divided the responsibilities of the Atomic Energy Commission, giving its mandate to promote nuclear power to DOE and its regulatory authority to the Nuclear Regulatory Commission (NRC). But in terms of creating an impartial regulatory body, this move was a...

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Los Angeles’ Expo Line: A Cautionary Tale For Building Rail

This weekend, the long awaited Expo Light Rail Line will finally open in Los Angeles, connecting the traffic-choked Westside with the rest of the city's rail network, more than two decades after the region's first modern rail line opened.  The relatively short light rail line (8.6 miles, 12 stations) took an absurdly long amount of time to build.  To put it in human terms, my wife and I attended the groundbreaking ceremony when she was three months pregnant with our ...

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Guest Bloggers Erica Morehouse and Tim O’Connor of Environmental Defense Fund: 9th Circuit Allows CARB to Enforce the LCFS

(It's exam season; so, for any remedies students out there this post can count as review!) On Monday, a motions panel at the 9th Circuit Court of Appeals ruled that the California Air Resources Board (CARB) can continue enforcing the Low Carbon Fuel Standard (LCFS).  This decision stayed (pending appeal) a trial court judge's preliminary injunction against the LCFS which was based on a finding that the LCFS violates the Dormant Commerce Clause.  Ann Carlson, Rick Fran...

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“Tailpipe truths” and glib contrarianism

An all-too-frequent foible of journalists who cover environmental issues is what one might call “glib contrarianism.”  Journalists write articles that purport to debunk the “politically correct” environmentalist common wisdom.  Doing so establishes the journalist’s credibility as a “balanced” news provider and also gets good traffic from outraged conservatives and guilt-ridden liberals who question whether they have been doing the right thing all along. ...

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Is It Green to Occupy a Vacant Urban Lot and Turn It Into a Farm?

A local branch of the Occupy movement has taken over a parcel of land near my house here in the Bay Area.  The parcel is an agricultural research field owned by UC Berkeley.  The protestors are apparently upset that Berkeley is considering turning some of its land into a development: specifically, senior housing, and commercial uses including a Whole Foods Market.  They insist the parcel should instead be used for urban farming, and they unfurled a banner that read �...

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ALEC’s Battle for Dirty Energy

Climate Progress has a very interesting post about ALEC's activities in the energy area.  You may remember ALEC as the corporate supporter of the "stand your ground" laws that allow you to kill someone who seems threatening when it would be just as easy to walk away.  ALEC now has its guns aimed at state renewable portfolio standards.  I guess this is not too surprising since its major supporters include Peabody Coal, the Koch Brothers, and Exxon Mobile, all of whom h...

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