U.S. Supreme Court Issues Decision in Monsanto case
The U.S. Supreme Court handed down its decision today in Monsanto v. Geertson Seed Farms, a case involving Monsanto's efforts to introduce Roundup Ready Alfalfa, a genetically modified crop engineered to tolerate the herbicide Roundup. The Court, on a 7-1 vote (Stevens dissenting, Bryer recused), held in favor of Monsanto but did so in a way that leaves standing a lower court decision preventing Monsanto from introducing the alfalfa crop until the government co...
CONTINUE READINGCara Won’t Be Blogging for a While, With Good Reason
I am happy to report that Cara Horowitz, the Executive Director of the Emmett Center on Climate Change and the Environment at UCLA Law, and her husband Stefan Grunspan are the proud parents of Molly Claire Grunspan. Molly joined the world on June 10. So if you miss Cara's blogging for the next several months you'll understand why. Congratulations to Cara and family!...
CONTINUE READINGJerry Brown and the Environment
Unlike Meg Whitman's website, Brown's website features the environment front and center, with long lists of his environmental accomplishments as California Attorney General and in his time as Governor. I was particularly interested in what he said about his accomplishments as mayor of Oakland, which (according to the website) included: • Reducing Greenhouse Gases: Under Brown’s leadership Oakland became the second city in the nation to accept mandatory Green ...
CONTINUE READINGFumigants 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...
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