Waiting for Connecticut v. AEP
I like New York in June. The Supreme Court, not so much. June is when the Court finishes up its term and releases any decisions still pending. This year, that means we will soon get a ruling on Connecticut v. AEP, the public nuisance climate case, which was argued in April. Just so you can keep score at home, here are the possibilities: 1) Affirmance. Great on policy, but questionable on the law. (The displacement claim, in my view, is quite strong). ...
CONTINUE READINGWhat Does This Logo Mean?
Take a look at the green drop on the bottle of Fiji Water pictured right. (If you are a rational actor, you won't buy the bottle for $7, but that's another story). What do you think it means? What if it was accompanied by the website URL "fijigreen.com"? Well, if you are the California Court of Appeal, it means essentially nothing. Four days ago, in Hill v. Roll Int'l Corp., the Court of Appeal affirmed a trial court decision holding that as a matter of law, th...
CONTINUE READINGThe Endangerment Litigation
I've just spent some time reading the initial briefs in the D.C. Circuit on the endangerment issue. They strike me as much more political documents than legal ones. A brief recap for those who haven't been following the legal side of the climate issue. After the Bush Administration decided not to regulate greenhouse gases under the Clean Air Act, the Supreme Court held that greenhouse gases would be covered if they met the statutory requirement of endangering human ...
CONTINUE READINGMore Subsidies Hypocrisy from Tim Pawlenty?
At least so claims the Iowa Republican, a website that says it represents "News for Republicans, by Republicans." If you believe the Republican, Pawlenty is doing no more than parroting the talking points of the ethanol industry: Pawlenty’s announcement speech in Des Moines yesterday was more passionate than some of his other recent speeches. The common theme of the speech was that Americans need to be told the truth when it comes to the problems facing our nation....
CONTINUE READINGA new look for fuel economy stickers
If you go shopping for a new car in model year 2013, you'll see a new sort of fuel economy window sticker, like the one to the left. This is a fascinating example of the challenges of making labels both easy to absorb and informative. (It's definitely going in my environmental law casebook update.) It's far more informative than the previous version, effective with model year 2008, shown below. (And that one already had more information than the ones I encountered last ...
CONTINUE READINGIs NJ Governor Christie Running for President? He’s Backing Out of RGGI and Moving Toward Climate Denialism
On the bad-news-for-climate-policy front and in the ever-expanding category of Republican-officials-who-do-an-about-face-on-climate-change, New Jersey Governor Chris Christie announced today that he's pulling the state of New Jersey out of the Regional Greenhouse Gas Initiative (RGGI) by the end of the year. RGGI is the only up and running cap and trade program in the United States focused on greenhouse gas emissions. Ten northeastern states are part of RGGI, which h...
CONTINUE READINGInterior releases “regulatory look-back” plan
In January, President Obama issued an executive order calling on all federal agencies to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Last week marked the deadline for agencies to submit preliminary plans for review of their regulations to the White House. Today the first wave of plans were publicly released, i...
CONTINUE READINGThe new BOEMRE – NOAA MOU: a good start, but more is needed
Cross-posted at CPRBlog. I was excited to read this story in the LA Times, saying that BOEMRE and NOAA had reached an agreement that would give NOAA more say in decisions to approve offshore drilling. (Draw whatever conclusions you like about what my geeky excitement says about how boring my life must be.) This agreement is certainly needed, as the Deepwater Horizon Oil Spill Commission has noted, and as I've written in this paper forthcoming in Boston College's Environ...
CONTINUE READINGTMDL Fight Brewing in Chesapeake Bay
On December 29, 2010, EPA finalized a plan to reduce nutrient pollution in Chesapeake Bay by implementing a Total Maximum Daily Load (TMDL) budget using its Clean Water Act authority. That plan will require a 25% reduction in nitrogen, a 24% reduction in phosphorus and a 20% reduction in sediment throughout the watershed. This includes reductions in Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and DC. These reductions will come from stricter limi...
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