More Trouble at Fukushima
According to the Washington Post, the situation inside the reactors is grim. Tuesday’s examination with an industrial endoscope detected radiation levels up to 10 times the fatal dose inside the chamber. Plant officials previously said more than half of melted fuel has breached the core and dropped to the floor of the primary containment vessel, some of it splashing against the wall or the floor. Particles from melted fuel have probably sent radiation levels up to dan...
CONTINUE READINGEPA Unveils Carbon Standard for New Power Plants
This morning, U.S. EPA released its anticipated rule limiting carbon dioxide emissions from new power plants. The proposed Carbon Pollution Standard for New Power Plants under Section 111 of the Clean Air Act purports to set national limits on the amount of carbon pollution new power plants can emit. Today we’re taking a common-sense step to reduce pollution in our air, protect the planet for our children, and move us into a new era of American energy, said EPA Adm...
CONTINUE READINGWhat Will the Outcome of the Health Care Case Tell Us About Environmental Law?
This week's oral arguments will be carefully parsed for signs of how the Supreme Court will rule about the constitutionality of the Health Care Act. If the Administration wins the case, this will be largely a confirmation that the majority of the Court prefers to follow firmly established existing precedent. If it loses, the outcome will be a signal that the Court has moved into an activist conservative phase, which is probably not a good sign for how it will view en...
CONTINUE READINGWish-I’d-Said-That Department
Slacktivist (h/t RBC): The nefarious global conspiracy promoting the climate-change hoax continues to spread: The oceans are in on it. So are the maple trees of New England. And both Dakotas....
CONTINUE READINGDavid Owens Overstates the Rebound Effect’s Relevance
Here is an impressive blog post. I didn't write it! Shakeb Afsah and Kendyl Salcito present a data filled post that takes David Owen's Rebound Effect quite seriously. I respect hypothesis testing! Owen's sexy hypothesis is that the Prius actually contributes to climate change! How could this happen? The Prius has such a high MPG that it effective reduces the price per mile of driving. If demand is really elastic, then people could respond to this incentive by...
CONTINUE READINGNinth Circuit upholds gray wolf rider
As expected, the Ninth Circuit has now upheld the appropriations rider that directed the Fish and Wildlife Service to reissue its rule removing the gray wolf in Montana and Idaho from the list of endangered and threatened species. (Hat tip: Endangered Species Law and Policy blog.) The panel (all drawn from the Ninth Circuit's "liberal wing") ruled that the appropriations rider had changed the underlying law, which is within Congress's constitutional powers, as ...
CONTINUE READINGLaw Schools in the Public Interest: Environmental Law Programs in the Midwest and Mountain States
This is the second in a series of postings about public service by environmental law programs. This one focuses on the Midwest and Mountain states. Here is a sample of current activities: An environmental advocacy center that works on clean air and water, clean up of hazardous waste sites, safe drinking water, green technology, climate change, and renewable energy. A clinic that for over thirty years has enabled people who are confronting environmental problems in...
CONTINUE READINGA new issue of Ecology Law Quarterly
ELQ has just published Volume 38, number 3, featuring papers from a takings symposium. Check out these articles: J. Peter Byrne, Stop the Stop the Beach Plurality! John D. Echeverria, Public Takings of Private Contracts Cecilia Fex, The Elements of Liability in a Trails Act Taking: A Guide to the Analysis Marc Mihaly & Turner Smith, Kelo’s Trail: A Survey of State and Federal Legislative and Judicial Activity Five Years Later R.S. Radford & Luke A. Wake, D...
CONTINUE READINGEPA’s bad week continues — mountaintop removal veto overturned
Cross-posted at CPRBlog. Regular readers of this blog know that on January 13, 2011, EPA vetoed a Clean Water Act section 404 permit issued by the Corp of Engineers for valley fill at the Spruce No. 1 mountaintop removal mine project in West Virginia. This was only the 13th time EPA had used its veto power, and the first time it had vetoed a permit after it was formally issued. I wrote at the time: "Expect litigation, and expect it to focus on the timing of the veto." ...
CONTINUE READINGUrban Vibrancy and Shrinking the Household Carbon Footprint from Transportation
Professor Matthew Holian and I have released a new report that was funded by the Mineta Transport Institute. Using several data sets, we present a statistical analysis of an intuitive hypothesis. Consider a metropolitan area such as Los Angeles or San Diego. If the downtown is "vibrant" in terms of jobs and nightlife and culture, does this shrink the entire metropolitan area's carbon footprint? We argue that it does. Why? If the downtown is safe and ...
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