The 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...
CONTINUE READINGEvaluating the claim that future environmental regulations have already made California the nation’s worst place to do business
I'm reasonably sure that chiefexecutive.net's annual listing of "Best/Worst States for Business" isn't most people's go-to source for information comparing various states' business climates. Nonetheless, the website's annual survey just came out, and the Sacramento Bee is covering it as a story (with a promise of more coverage to come). California -- as usual -- came out last, and Texas has maintained its number-one ranking. “No one in his right mind would start ...
CONTINUE READINGWhat Is a “Facial” Takings Claim?
Interesting and frustrating new case out the 10th Circuit, Alto Eldorado Partners v. County of Santa Fe, which doesn't appear to have gotten coverage from Takings lawyers and scholars and probably should. The case involved a challenge to Santa Fe County's inclusionary zoning ordinance, and it carries potential important federalism issues; it also raises -- although then runs away from -- a question that federal courts have been skirting around the last few years: wha...
CONTINUE READINGNew Legal Planet iPhone/iPad app provides easy mobile access to blog
I know many of you wake up daily wondering whether there might ever be a way to bring Legal Planet directly to your iPhone or iPad, with features such as push notifications, easy scanning and scrolling of recent content, designation of unread and previously-read posts, saving of favorites, and easy emailing of posts to friends and colleagues. Now that the free Legal Planet app has arrived in the App Store, you need not wonder any longer! Here's the official descript...
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