Everything You Wanted to Know About Deepwater Horizon But Were Afraid to Ask

NOAA has put together a very helpful bibliography of peer-reviewed research on the oil spill, Deepwater Horizon: A Preliminary Bibliography of Published Research and Expert Commentary.  It includes peer-reviewed journal articles and book chapters, technical reports released by scientific agencies and institutions, and editorials published in peer-reviewed journals. The peer-reviewed publications and technical reports in this bibliography are sorted into three subject ca...

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Gray wolf update: rider upheld and Wyoming delisting a step closer

A few months ago, Rhead summarized litigation over the US Fish and Wildlife Service's multiple attempts to remove the gray wolf from the list of endangered and threatened species, and noted environmental groups' filing of a challenge to the appropriations rider which called for FWS to re-delist (is that a word?) the wolf in Montana and Idaho. This week brought two new developments: 1) Judge Molloy upheld the delisting rider; and 2) FWS agreed to approve Wyoming's wolf...

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Comparing the future of marriage equality and climate change policy

A little under 15 years ago (Sept. 21, 1996) President Clinton signed the Defense of Marriage Act (DOMA), which prohibited same-sex marriage for federal purposes.  Just over a year later, global negotiators agreed to the Kyoto Protocol to the UN Framework Convention on Climate Change, which was intended to create an international framework to control greenhouse gases.  However, the US has yet to ratify the Protocol, and domestic legislation to implement cap-and-trade r...

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China and the Environment: Some Progress on Lead Pollution

It’s a pleasure to be joining the excellent group here at Legal Planet.  My focus will largely be on issues related to China and its environmental and energy challenges. I returned to the U.S. last month after seven years working in China on environmental protection and legal reform (mostly for the Natural Resources Defense Council).  Over the last few years, as with most things in China, the developments in the environmental, climate, and energy arenas have moved i...

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EPA to Continue Emissions Trading in Place of Clean Air Interstate Rule

With the success of the 1990 cap and trade program for sulfur dioxide (the major cause of acid rain), cap and trade  has become one of the dominant regulatory means to control air pollution in the U.S.  And, of course, cap and trade remains one of the central mechanisms to control greenhouse gases in those jurisdictions seeking to control such emissions economy-wide, like the European Union and California.  But domestic efforts to control sulfur dioxide and nitrous ox...

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Third time not the charm for Columbia River salmon BiOp

U.S. District Judge James Redden has once again found the National Marine Fisheries Service's Biological Opinion for operations of the Columbia River hydropower system inadequate to satisfy the Endangered Species Act. This is the third time in a decade that Judge Redden has been asked to review a Columbia River BiOp, the third presidential administration to try its hand at a BiOp for the system, and the third time Judge Redden has found NMFS's efforts insufficient. In 2...

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Gettin’ Down With the Greenies

Homie, you down with sustainable consumption? [youtube http://www.youtube.com/watch?v=2UFc1pr2yUU]...

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New nonprofit Harbor Community Benefit Foundation launches, seeks Executive Director to oversee millions of dollars in community benefits projects in Los Angeles’s near-port communities

A historic agreement between the Port of Los Angeles and various stakeholders has resulted in the founding of a new nonprofit organization, the Harbor Community Benefit Foundation.  HCBF's mission is "to carry out mitigation and other public benefit projects that assess, protect, and improve health, quality of life, and the natural environment, with a focus on the near-port communities of San Pedro and Wilmington, California."  The Port, a major hub of international co...

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How Should Law Schools Teach Land Use?

I haven't taught Land Use for a few years, but under pressure from the administration, I'm gearing up to teach it again a year from now.  And I'm going to need that time to figure it out, because it's a little frustrating teaching it in the traditional way. To the extent that there is a "traditional" land use curriculum, it seems to center on two things: Takings and standards of review.  The first is self-explanatory, and the second basically comprises everything el...

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The ABA versus the Environment?

The ABA House of Delegates will vote on a Resolution (Resolution 11-6) that would abolish the ABA Standing Committee on Environmental Law (SCEL) at its Annual Meeting next Monday. Lesley McAllister has a posting about this over at the Environmental Law Prof blog: Resolution 11-6 would abolish SCEL and merge its functions into the Section on Environment, Energy and Resources (SEER). SEER's primary mission, however, is to serve the day-to-day needs of its members, which te...

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