Newt is Yet Another Mind-Changing Republican Candidate Climate Denier
This climate change ad, posted today in a Salon piece on Newt Gingrich and his "enviornmentalism problem," is a must watch: [youtube=http://www.youtube.com/watch?v=qi6n_-wB154] Yes, newly declared Republican presidential candidate Newt Gingrich appeared with Nancy Pelosi in a 2008 youtube video to argue that we must do something about climate change. But more recently he's backed away from his support and now says that "It's an act of egotism for humans to thi...
CONTINUE READINGThe High Speed Rail Sacramento Smack-Down
California has been going about planning high speed rail all wrong, and Sacramento appears to be taking notice. Yesterday, the nonpartisan Legislative Analyst's Office (LAO) released a report recommending major changes in the way California implements high speed rail. In addition to a complete reorganization of the governing structure of the High Speed Rail Authority, the LAO recommends an entirely different "starter route" for the system. Currently, the system is slat...
CONTINUE READINGImportant New IPCC Report on Renewable Energy: Good News
Yesterday the IPCC released its Special Report on Renewable Energy Sources and Climate Change Mitigation (SRREN). To the extent that such a heavily edited and negotiated report contains a bottom line, it seems to be this: As infrastructure and energy systems develop, in spite of the complexities, there are few, if any, fundamental technological limits to integrating a portfolio of RE technologies to meet a majority share of total energy demand in locations where suit...
CONTINUE READINGThe Clean Air Act and Greenhouse Gases: Full Employment Act for Lawyers
For several years now, large law firms have sought work related to climate change, though prior to President Obama's election the work was relatively thin. Sure there were challenges to California's legislation to regulate greenhouse gas emissions (GHG) from cars; defenses to claims under the National Environmental Policy Act and California Environmental Quality Act; and an occasional nuisance suit against large GHG emitters to defend. There was even action at the U.S....
CONTINUE READINGThe story of the Price-Anderson Act: how Congress made nuclear power financially viable in the U.S. by eliminating accountability for risk
Ever wonder how nuclear power plants have been able to get financial backing in the U.S. despite the huge, and largely uncertain, potential risks they pose? Or why there are nuclear plants within a few hours’ drive of major population centers such as Los Angeles and New York? Or who will pay the costs that result from any future U.S. nuclear accident? A law called the Price-Anderson Nuclear Indemnity Act provides at least part of the answer to each of these quest...
CONTINUE READINGGreat New Blog: AJWS Global Voices
American Jewish World Service, one of the most effective international anti-poverty and pro-development organizations in the worlds, has a new blog up. It's called Global Voices, and features not only the work of AJWS grantees but also how issues of poverty and human rights interact with ecosystem protection. Some of the recent posts focus on issues such as the ecological impact of dams, the dangers of tilapia farming, controversies surrounding genetically-modified M...
CONTINUE READINGThe Official Produce of Legal Planet
Wandering in my local supermarket the other day, I came across a special for "Local Organic Cara Cara Oranges." No misprint: two Caras are required. Hmmm... local, organic, and Cara. That's it! They named it after my co-blogger. Obviously, it should have some official status. Note that I am making an admission against interest here, since the most obvious competitor is the local organic Jonathan apple. Its Wikipedia entry is particularly appropos. Th...
CONTINUE READINGThe Death of the Facial Takings Claim
Last week, I reported a couple of recent appellate court opinions that grapple with the question of a "facial" takings claims -- neither of them, in my view, very satisfactorily. The problem, as I see it, is this: a regulatory takings claim turns on the impact of a government regulation on the plaintiff. But since it depends upon impacts, how can a plaintiff raise a facial claim? Well, after thinking it through a bit more, and talking to colleagues, I have come to...
CONTINUE READINGA Modest Proposal for Increasing Nuclear Safety
The N.Y. Times has a revealing, lengthy article about the NRC that raises disturbing questions about the agency's oversight of the industry. Here are three points that are especially disturbing: First, the NRC has weakened requirements for relicensing to the point where the process involves expensive red-tape but the result is a forgone conclusion. For instance, the agency abandoned a previous requirement that the reactor be in compliance with safety requirements at...
CONTINUE READINGWolf delisting rule challenged in federal court
Yesterday, Alliance for the Wild Rockies, Friends of the Clearwater and WildEarth Guardians filed a compliant in the federal district court of Montana challenging the wolf delisting rider. You can check out a press release from WildEarth Guardians here. My previous posts describe the wolf delisting rider and the past litigation on the wolf delisting. Why yesterday? Well, on May 5, the Department of Interior published the delisting rule in accordance with the rider. T...
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