Climate bill up for a vote
Looks like the House leadership is taking its chances on a vote on Waxman-Markey's climate bill today or tomorrow, despite some uncertainty about the outcome. And not all environmentalists are hoping for a victory -- in addition to worries about biofuel lifecycle emissions that Jonathan discussed earlier, there's concern over the recent deal Waxman and Markey struck with the Agricultural Committee to relocate the power to regulate farm and forestry offsets from EPA ...
CONTINUE READINGThe costs and benefits of coal
It was widely reported earlier this week that outspoken NASA climate scientist James Hansen and 30 others were arrested at a West Virginia coal operation where they were protesting mountaintop removal mining. The protesters were met at the mine by several hundred counter-protesters, described by the Charleston Gazette as "miners and family members" defending their jobs. A report by scientists at West Virginia University, published in the peer-reviewed journal Public...
CONTINUE READINGNew EPA air toxics report presents sobering assessment of cancer risk
A new U.S. EPA report released today presents a scary picture of our exposure to hazardous pollutants in our air. The National-Scale Air Toxics Assessment for 2002, which analyzed health data based on chronic exposure to air toxics for 124 pollutants for which those data are available. (The assessment's name is potentially confusing; the report analyzed data from 2002.) The most important take-home message: over 2 million Americans live in census tracts where expo...
CONTINUE READINGPreble’s mouse jumps back into the courtroom
Five environmental groups -- NRDC, Center for Biological Diversity, Defenders of Wildlife, Center for Native Ecosystems, and Biodiversity Conservation Alliance -- have filed a lawsuit challenging FWS's decision last year to list the Preble's meadow jumping mouse (pictured) as threatened only in Colorado, leaving it off the protected list in Wyoming. FWS justified that distinction on the factual grounds that the mouse faces fewer threats in Wyoming (because there is l...
CONTINUE READINGIs Waxman-Markey Even Worth It?
If Michael O'Hare is right about this, then Waxman-Markey might not be worth the candle: Waxman appears to have sold out the indirect land use issue in a deal with Peterson on the climate change bill: "Waxman also consented to block EPA from calculating "indirect" greenhouse gas emissions from land-use changes when implementing the federal biofuels mandate. The Democrats will impose a five-year moratorium to allow further study of the issue, with consultation from Congr...
CONTINUE READINGAn Invitation to Review the Supreme Court’s Environmental Record
This has been a blockbuster year in the U.S. Supreme Court for environmental law and policy. In the Term that concludes this month, the justices have decided five major environmental cases, involving many of the nation’s most important environmental laws. Berkeley Law’s Center for Law, Energy & the Environment (CLEE), one of the sponsors of Legal Planet, is proud to host a live webcast on Tuesday, June 30th, from 10:00-11:30 a.m. PDT. The webcast will feature ...
CONTINUE READINGFisheries governance and sustainability
An interesting new paper by a group at Dalhousie University compares several key aspects of fisheries management with a measure of the probability that fisheries are sustainable. The authors conclude that "policy transparency" is more strongly related to sustainability than scientific robustness, implementation capability, or the extent of subsidies, overcapacity, and foreign fishing. The measure of "policy transparency" is (perhaps unavoidably, for a global study) pr...
CONTINUE READINGClean Water Restoration Act clears committee
The Senate Committee on Environment and Public Works has voted 12-7 to send the Clean Water Restoration Act, S 787, to the full chamber. The bill would reverse the limitations imposed on the scope of the Clean Water Act by the Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S. 159 (2001) (SWANCC), and clear up the confusion that has followed the Court's latest dip in the CWA jurisdictional waters, Rapanos v. Uni...
CONTINUE READINGWaxman-Markey May Lower Household Costs
In another report issued today, the U.S. Environmental Protection Agency counters the predictions of some critics of climate change legislation by concluding that the Waxman-Markey bill would not lead to higher energy costs for consumers. In fact, the EPA concludes that household energy costs actually may go down. In one scenario, each household on average would save $80 per year. In another scenario, the annual savings would be $111. How does the EPA reach th...
CONTINUE READINGCoeur Alaska and mountaintop removal mining
As Dan noted below, yesterday the Supreme Court decided its final environmental case of the year, Coeur Alaska v. Southeast Alaska Conservation Council. While Coeur Alaska was not a mountaintop removal case, it does have ramifications for the argument about whether the Clean Water Act allows mountaintop removal coal mining. The central issue in Coeur Alaska was which of the Clean Water Act's two permitting programs applied to a gold mine's operations. The mine would u...
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