Is BP a Criminal?
Can a corporation, an artificial legal entity, be a criminal? In an op ed. in this morning's NY Times, David Uhlmann argues that BP deserves criminal sanctions: Prosecutors must examine all witness statements, internal documents and any physical evidence that remains after the explosion. But if the news articles are accurate, the Justice Department should bring criminal charges against BP, and possibly Transocean and Halliburton, for violations of the Clean Water Act, t...
CONTINUE READINGUp-to-the-Minute Oil Spills News
Yesterday, I posted a link to websites that are providing good information about the spill. Those sites provide rich sources of information, but they won't necessarily tell you what's happened in the last half hour. Talking Points Memo has a really helpful "news wire" if you want the very latest news. TPM is a "progressive" website, but so far as I can tell there's no political spin to the news links that they post here....
CONTINUE READINGNot So Good At Safety But Great Lobbyists
It's no surprise that the petroleum industry has political heft, but the number (courtesy of the Times) are impressive: The oil and gas industry is a formidable presence in Washington. It spent more on federal lobbying last year than all but two other industries, with $174.8 million in lobbying expenditures, according to the Center for Responsive Politics, a nonpartisan research group. Political action committees set up by the oil and gas producers contributed an additi...
CONTINUE READINGA Gateway to Information on the BP Spill
There's getting to be too much material on the disaster in the Gulf to keep up with. With the assistance of Aspen Publishing, we've posted a list of two-dozen key links here -- just click on the "Related Links" tab on the left side of the page. The Berkeley Law Library is working on a more elaborate documentary collection, which we hope to unveil soon. It will be part of Berkeley's Disaster Law on-line archive....
CONTINUE READINGEngineering Life Itself
I was interested to learn that Lawrence Berkeley National Lab, up the hill from where I work, has the world's first department of synthetic biology. Berkeley's bioengineering department also has a program focusing on systems and synthetic biology. Synthetic biology is genetic engineering but on a more ambitious scale, explains a very useful NY Times piece: For almost 40 years, genetic engineers have been decoding DNA and transplanting individual genes from one organis...
CONTINUE READINGWe’ve Known the Risks in the Gulf for Forty Years
We've known all along that offshore drilling in the Gulf placed at risk exceptionally valuable and sensitive coastal areas. We need look no further than a forty-year-old court decision on Gulf oil drilling, which made the dangers abundantly clear. In 1971, President Nixon announced a new energy plan involving greatly expanded offshore drilling. In a landmark early NEPA decision, the D.C. Circuit held that the environmental impact statement gave insufficient consider...
CONTINUE READINGUVA Defends Academic Freedom
The Virgnia Attorney General, taking a little time off from his frivolous litigation against healthcare reform, is engaged in a fishing expedition against the University of Virginia. He has issued a sweeping civil investigative demand (CID) for university records relating to climate researcher Michael Mann, for no evident legitimate purpose. After some equivocation, the University has decided to fight the document demand. The University President said that issuan...
CONTINUE READINGBlame and the BP Oil Spill
Like most observers, I suspect, I find myself so enraged by the BP oil spill I don't even know where to direct my anger. Obviously, BP should be at the top -- Dan was appropriately eloquent in his word choice by calling the company's series of errors and negligent acts a cluster%#@*. And the federal government, particularly the Mineral Management Service, was simply the handmaiden of the oil companies, requiring virtually nothing of them despite environmental stat...
CONTINUE READINGNatural Gas from Shale: The Next Energy Boom? The New Climate Solution?
Steve Levine has an interesting article in TNR touting shale gas as the Next Big Thing in the energy world. He predicts falling oil prices (as low as $30/barrel) and geopolitical dislocations. He does observe, however, that there are some unresolved environmental issues. Some of those issues are addressed in a programmatic EIS that's available on-line. The economics of coal versus shale is discussed here. According to Climate Progress, The bottom line is stagge...
CONTINUE READINGComer craziness: Appellate nuisance victory overturned, despite lack of quorum (!)
Question: If an 3-judge panel on an appellate court unanimously reverses a D Ct opinion, and the full Circuit lacks a quorum to reconsider the substance of that appellate panel decision, what happens? If you answered "the appellate panel decision survives," you'd be supported by a certain (which is to say, all) logic -- but try telling that to the Fifth Circuit. Hat tip to Prof. James May of Widener University School of Law on this one: Apparently the Fifth Circuit jus...
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