Ninth Circuit allows landowner to challenge impaired water listing
UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge EPA's approval of California's impaired waters list. In general, I'm a fan of broad readings of standing to challenge agency act...
CONTINUE READINGThe World in 2050: Economics and Resources
This is a second post on Laurence Smith's new book, The World in 2050. I posted previously about demographic projections, but the economic and resource projections are also notable. Here are some important ones: Conventional oil is at or near its peak. Remaining oil will be increasingly expensive to obtain. Even with improved efficiency, India will nearly have to double its water supply due to population increase and economic growth. U.S. GDP will triple by 205...
CONTINUE READINGMy Daughter Writes Her Presidential Campaign Statement
As Lincoln's Birthday and Washington's Birthday approach, my 6-year-old daughter Rose's teacher told them to write their own three-sentence statement about what they would do if they were President. This was a somewhat frightening prospect for me: who knows what my daughter will write? And, of course, how will it reflect on me? Am I teaching her the right values? Then, Rose showed me her platform: If I were President, I would tell everyone that we need to protec...
CONTINUE READINGBriefly noted: four recent federal appellate decisions
Here are links to and brief descriptions of four interesting recent decisions from federal appellate courts: Wilderness Society v. Kane County, 10th Cir., en banc, 1/11/2011. This decision is the latest in a long-running dispute over the extent to which Kane County in southern Utah can authorize the use of off-road vehicles on federal lands. A Civil War-era law known as R.S. 2477 generally granted the right of way for establishment of public roads in accordance wit...
CONTINUE READINGThe World in 2050: Demographics
I've just finished reading Laurence Smith's The World in 2050. It's a sober, non-sensationalist look at how current trends are projected to play out over the next four decades. Of course, there's uncertainty, but the projections do give us some basis for thinking about the world's future. Here are some important 2050 demographic projections: Two-thirds of the world's population will live in cities. Asia will be nearly as urbanized as Europe. By 2025, nearly all ...
CONTINUE READINGCalifornia’s Redevelopment Wars
California's political leaders are currently struggling with the monumental challenge of finding ways to eliminate the state's $25 billion budget deficit. Somewhat surprisingly, one of the most controversial deficit reduction proposals offered by newly-installed Governor Jerry Brown involves elimination of California's 425 redevelopment agencies. Estimated savings: $3 billion per year. Such a reduction in state expenditures would put a significant dent in California's...
CONTINUE READINGContempt? Not by Interior
Cross-posted at CPRBlog. Conservative media and bloggers are making much of a ruling last week by Judge Martin Feldman of the Eastern District of Louisiana that the Department of Interior was in contempt of his June 2010 order enjoining enforcement of the May moratorium on new deepwater exploratory drilling for oil. The Washington Times, for example, accused the administration of "tempt[ing] a constitutional confrontation." Not so fast. Judge Feldman's latest decision s...
CONTINUE READINGAnd now for some good news
If you're as depressed as I am by the current political climate and attempts on Capitol Hill to roll back everything from clean air protections to food safety, you might be feeling the need for some good news. Here's at least a small antidote.The San Jose Mercury News reports that fish and birds are responding well to restoration of former salt ponds on the edges of San Francisco Bay to more natural tidal marsh. Continued operation of the salt ponds by Cargill Salt, and ...
CONTINUE READINGThe N.Y. Times Clears the Air
The Times as a forceful editorial today about pending legislative efforts to block EPA's climate regulations and other air pollution regulations: Congress’s failure to enact a climate bill means that the E.P.A.’s authority to regulate these gases — an authority conferred by a landmark Supreme Court decision in 2007 — is, for now, the only tool available to the federal government to combat global warming. The modest regulations the agency has already proposed, pl...
CONTINUE READINGInterior adopts scientific integrity guidelines
Interior Secretary Ken Salazar has formalized the Department's guidelines on scientific integrity and created the new position of Scientific Integrity Officer, to be filled by Dr. Ralph Morgenweck, Senior Science Advisor at the Fish and Wildlife Service. The guidelines are the first agency effort out of the blocks after the White House Office of Science and Technology Policy issued a long-delayed Memorandum providing general guidance on ensuring scientific integrity but ...
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