Fumigants Take Center Stage in California
I wrote previously about the strange story of methyl iodide, a chemical purposely used by researchers to cause cancer in labs, being proposed for use as a fumigant for strawberry production in California. The New York Times recently covered a legislative hearing by the California Senate Food and Agriculture Committee in which the members of an external scientific review panel lambasted California regulators for approving the chemical as a fumigant. Dr. Joh...
CONTINUE READINGMeg Whitman and the Environment
I thought it would be useful to review the environmental positions of the key candidates in California. My goal is to be informative rather than evaluative. I'm beginning with Meg Whitman. She's not exactly "Ms. Environment." In an op. ed last year, Meg Whitman (the GOP gubernatorial candidate) called for a suspension of AB32, as Ann Carlson reported on this blog. As a result, Schwarzenegger says he may not endorse her. Whitman has been outspoken on the sub...
CONTINUE READINGToxic Chemicals (3)
This is the third (and for now, the last) in a series of posts on toxic chemicals. Like the earlier two, it addresses a recent paper on the subject, This one, by Vermont's Martha Judy and RFF's Katherine Probst, is about "Superfund at 30." Superfund -- more officially the Comprehensive Environmental Response, Compensation, and Clean-up Act or CERCLA -- is of course the federal statute governing clean-ups of hazardous waste sites. The fund has received over $30 billion...
CONTINUE READINGFannie and Freddie stop the PACE of clean energy
One of the biggest barriers to getting homeowners to retrofit their homes to make them more energy efficient and install renewables like solar panels is the high up front costs. While these investments pay out over time, most residents lack the thousands of dollars they need to pay for these upgrades. The City of Berkeley developed an ingenious method to overcome this problem that has gone viral across the country. Under the Property Assessed Clean Energy (PACE) program,...
CONTINUE READINGMore on Today’s U.S. Supreme Court Property Rights Decision
As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court's opinion can be found here. The issue in the Stop the Beach Renourishment case is whether a publicly-funded and implemented public works project to restore Florida beaches heavily damaged by a series...
CONTINUE READINGSupreme Court issues decision in Florida beach sand takings case
UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called "judicial takings" area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection (#08-1151), an important case on constitutional takings. I have only skimmed the opinion, but i...
CONTINUE READINGValuable New Resources on the Oil Spill
Given the speed with which this story is unfolding and the overwhelming number of voices being heard, it's very hard to keep up or to separate the wheat from the chaff. The Berkeley Law Library has created a new database of carefully selected resources relating to the BP spill -- government reports and hearings, white papers from think tanks, press reports, and websites from all the key players. Each is accompanied by a brief description. If you're trying to follow...
CONTINUE READINGToxic Chemicals (2)
This is the second of a series of three posts on toxic chemicals. On Monday, I discussed a recent paper that appraised the shortcomings of the Toxic Substances Control Act (TSCA). Today, I turn to a paper by David Adelman (University of Texas) proposing some reforms. First, Adelman suggests that the U.S. follow the EU example and adopt a tiered system, in which most chemicals receive minimal screening before entering the market, while others receive much more seriou...
CONTINUE READINGWhat’s Really Wrong With TSCA?
As Dan Farber discussed in his recent post, David Markell 's recent paper on TSCA provides some really interesting history. John Applegate has some fascinating pieces on the history and future of TSCA as well--well worth the read also. I thought it was curious that Dan focused on cost-benefit barriers imposed by the courts as being the obstacle to effective risk regulation, though. Clearly that was a problem identified in the Corrosion Proof Fittings (CPF)...
CONTINUE READINGNewsHour Segment: Can Obama Require BP to Form an Escrow Fund?
Steve Yerrid, a Florida trial lawyers, and I discuss this with Ray Suarez on the NewsHour. Bottom line: the answer isn't very clear, although OPA sec. 1005(a) does require BP to establish a process for "the payment or settlement of claims for interim, short-term damages" that might encompass an escrow and independent decision-makers. It will be interesting to see what kind of legal argument the Administration is able to put together in support of their power to manda...
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