Is 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...
CONTINUE READINGThe Low Cost of Climate Legislation
According to a new CBO estimate reported by the Washington Post: Climate-change legislation would cost the average household $175 a year by 2020, according to the Congressional Budget Office, far below the figure commonly used by GOP critics of the House bill. The CBO said yesterday that the poorest 20 percent of American households would actually receive a $40 benefit in 2020 from the legislation, which would establish a cap-and-trade system to limit greenhouse gas emis...
CONTINUE READINGComment Period for Endangerment Finding Expires Tomorrow
GOP lawmakers and industry sources have requested unsuccessfully that the comment period be extended. Since the Supreme Court's ruling in Mass. v. EPA, it has been clear that EPA would have to make a finding one way or another, so everyone has been on notice for a long time that this was coming. Moreover, if there were any feasible route to a finding of no endangerment -- taking "feasible" to include law, science, and politics -- the Bush Administration certainly would h...
CONTINUE READINGNews Flash: Supreme Court Decides Coeur Alaska
In an opinion by Justice Kennedy, the Supreme Court decided two issues in this case, over a dissent by Justice Ginsburg. The first was whether the Clean Air Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue a permit for the discharge of mining slurry. The second question was whether the Corps acted lawfully in issuing the permit. The Court held that the Corps was the appropriate agency to...
CONTINUE READINGClimate Report from Copenhagen
The University of Copenhagen has issued a synthesis report on Climate Change: Global Risks, Challenges and Decisions. A good summary can be found here. The authors include such luminaries as Sir Nicholas Stern (author of the Stern Report) and Dan Kammen (from Berkeley's Energy and Resources Group). The bottom line: "further inaction is inexcusable." Future generations will ask about us: What did we know? And when did we know it?...
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