Inconceivable!
During the Fukushima nuclear crisis, government officials and industry representatives said that the tsunami that struck the reactors was "beyond our imagination," thus excusing the failure to consider such a risk in the planning process. As it turns out, there had been warnings about this possibility, but the risks were ignored. The reactor was situated on a small cliff, which was thought to provide sufficient protection from modest tsunamis. But there is a historical ...
CONTINUE READINGPreviewing a VERY Big Week for Environmental Law in the Courts
UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day. The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that have been underway among the parties to the litigation. Next week is shaping up as one of the most consequential weeks for environme...
CONTINUE READINGIs Richard Epstein Autistic?
Delightfully so! Here is Adrian Vermuele (no secret Kenyan Muslim socialist he) in The New Republic, reviewing Epstein's latest: Many scholars have offered withering critiques of the Epstein program, but there is little sign that the arguments of the critics have been heard and considered. Epstein’s latest book targets the administrative state as the enemy of classical liberalism, and argues that the administrative state is inconsistent with the rule of law, but Ep...
CONTINUE READING“Developing Nations Can’t Afford Environmentalism”
At least that's what you hear a lot from some environmental skeptics. Because poor countries are so desperate for economic growth and to lift their people out of poverty, they cannot be expected to protect their environment. (You hear that from a lot for developing nations, too). They might want to take a look at Katherine Boo's new book Behind the Beautiful Forevers: Life, Death, and Hope in a Mumbai Undercity. Boo's work has been effusively and justly praised (s...
CONTINUE READINGU.S. Supreme Court Rejects Montana’s River Ownership Claims
The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public's access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public lands by a private energy company. In a unanimous opinion authored by Justice Anthony Kennedy, the Supreme Court ruled that Montana state courts had misapp...
CONTINUE READINGPeter Gleick, the Heartland Institute, and Scientific Ethics
The Heartland Institute is a climate denial shop well-funded by fossil fuel interests and standard right-wing extremist foundations, which has underwritten attacks on climate scientists and has plans to disrupt authentic climate science education in K-12 classrooms. Peter Gleick is one of the most respected scientific researchers in the world, who has done extremely important work in climate and water research. So it is frustrating, to put it mildly, to find...
CONTINUE READINGLegal Planet Takes Over the Yale Law Journal
Along with Dan, I also have a response to the Ewing/Kysar paper at YLJ Online. (For those of your keeping score at home, two out of three commissioned responses were Legal Planet bloggers: we win!). It should surprise no one that while Dan's is elegant and technical, mine is cranky and dyspeptic. Here's the abstract: This Essay comments on Benjamin Ewing and Douglas A. Kysar’s article, Prods and Pleas: Limited Government in an Era of Unlimited Harm. Ewing and Kysa...
CONTINUE READINGProds and Pleas/Stopgaps and Failsafes
In a recent article in the Yale Law Journal, Benjamin Ewing and Douglas Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy. Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change. Using this example, they delve into theories of separation of powers and show how overlapping powers can be used by courts to help prod...
CONTINUE READINGPlacing a Ceiling on Protection for Public Health
Governor Romney has endorsed an idea called regulatory budgeting, but it really means capping protection for public health. Romney’s position paper explains the concept as follows: To force agencies to limit the costs they are imposing on society, and to provide the certainty that businesses crave, a system of regulatory caps is required. As noted, the federal government has estimated that the existing regulatory burden approaches $1.75 trillion. We cannot afford tho...
CONTINUE READINGIs Rick Santorum a Pagan?
All the press coverage over Rick Santorum's idiotic suggestions that mainline Protestants aren't Christians, or that President Obama isn't a Christian, or that prenatal care increases abortion rates, or that people who favor prenatal care favor eugenics, have obscured his equally idiotic attacks on environmentalism: Santorum said that he was referring not to the president's faith but to environmentalism. "Well, I was talking about the radical environmentalists," he tol...
CONTINUE READING