Putting Cooperation Into Cooperative Federalism
When federal law tells a federal agency to consult with the states before issuing its rules, what is the agency obliged to do? Is it enough to allow the states to file comments on a proposed rule, or to invite their representatives to speak at a public hearing? According to the recent Ninth Circuit Court of Appeals decision in Cal Wilderness v. U.S. Department of Energy, at least when it comes identifying critical areas for new electric transmission lines, the answ...
CONTINUE READINGForest Service releases proposed revised planning rule
On Monday, the Forest Service published its proposed new planning rule. The planning process for national forests has been in a kind of limbo since the end of the Clinton administration. The National Forest Management Act requires the preparation and periodic revision of land management plans for each national forest. The first planning rule was issued in 1982. As it was leaving office, the Clinton administration finalized a revised version, emphasizing environmental su...
CONTINUE READINGEPA prepares to wade into the Bay-Delta
Cross-posted at The Berkeley Blog. EPA has announced "an information-gathering process on how the EPA and the State of California can achieve water quality and aquatic resource protection goals" in the California Bay-Delta. EPA is not proposing any new regulations yet, but it is seeking public comment on what it might do to address water quality conditions in the Bay-Delta that affect aquatic species. It is considering not just regulatory changes, but changes in "enforc...
CONTINUE READINGNot Enough “Green” to be Green?
The Washington Post has details about the budget proposal. Here's the information on EPA: President Obama's proposed budget provides $9 billion for the Environmental Protection Agency, noting that that amount represents a $1.3 billion decrease from the previous budget year. But that's unlikely to satisfy Republicans in the House who are sharpening their knives to cut even more from an agency that plans to pressure big polluters to reduce greenhouse gas emissions. The ...
CONTINUE READINGThree Obstacles To California Climate Progress
California's AB 32 -- the Global Warming Solutions Act -- is the biggest and best thing going on the domestic climate change front. The bill is sweeping in its application and the agency charged with implementing the Act, the California Air Resources Board, has moved aggressively to chart out the path the state will need to follow to cut emissions to 1990 levels by 2020. But the state still faces significant obstacles to actually achieving those reductions. And the...
CONTINUE READINGWhat we’re reading, oceans edition
Cross-posted at CPR Blog. Here's some of what's going on in the ocean policy world: BOEMRE is reviewing the first post-moratorium application to drill an exploratory deepwater well in the Gulf of Mexico. As required by a June Notice to Lessees, Shell's application to drill 130 miles from shore in 2000 to 2900 feet of water includes a blowout scenario. Shell anticipates that drilling a relief well would take 109 days, during which time 12.3 million barrels of oil cou...
CONTINUE READINGNinth 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 READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
