Edith Jones Declares War on America’s Coastline
Edith Jones, the 5th Circuit Chief Judge who makes wingnuts swoon, is at it again, this time in Severance v. Patterson, a Takings test case brought by the Pacific Legal Foundation. For environmentalists, Severance is also a test case in who is going to have to pay for coastal damage from climate change. Edith Jones answer is that you are, in order to protect landowners along the coast who purchased property knowing of the danger. Quite literally, the decision contai...
CONTINUE READINGForecasting climate votes in the Senate
Nate Silver, the statistician who gained prominence in the last election cycle with his predictions for the presidential race, has modeled the prospects of the Waxman-Markey climate bill in the Senate. The analysis is necessarily based on a number of assumptions, such as that the bill doesn't change in its progress to the Senate floor. So its an artificial exercise, but an interesting one. Silver's model finds 51 votes with a reasonably high probability (75% or higher) ...
CONTINUE READINGNAFTA gold mining opinion upholding California environmental regulation issued by arbitration tribunal
As I previously discussed in detail in this post, a NAFTA arbitration tribunal recently decided a closely-watched case in a way that will further environmental protection. The panel's 355-page opinion in the Glamis Gold case has been made public: here it is. The panel decided in favor of California's right to regulate in-state mining by foreign companies without having to compensate them for the negative economic impacts of that regulation. A Canadian mining compa...
CONTINUE READINGArmy Corps finds environmental humor unfunny: Conan O’Brien and Los Angeles River navigability
As Holly has mentioned, last month, Conan O'Brien made humor out of the navigability of the Los Angeles River by attempting to canoe down it. Holly's post describes the legal controversy over the "traditional navigable waters" determination for the L.A. River, an appeal of which is still pending. (I note that there's a small error in Holly's post: the Army Corps decision she links to isn't the final one by the Army Corps, and in its final determination the Corps actu...
CONTINUE READINGRecommended Books
Check out our new page of book recommendations! We have everything from classics like Silent Spring to biographies to legal tomes. You can order a book just by clicking on its image. Don't be shy about letting us know if there are other books we should include. ...
CONTINUE READINGThe Light Bulb Goes On!
From the New York Times: When Congress passed a new energy law two years ago, obituaries were written for the incandescent light bulb. The law set tough efficiency standards, due to take effect in 2012, that no traditional incandescent bulb on the market could meet, and a century-old technology that helped create the modern world seemed to be doomed. But as it turns out, the obituaries were premature. Researchers across the country have been racing to breathe new life...
CONTINUE READINGDebating the Economics of Climate Change
A blog with the great title of Greed, Green and Grains (by environmental economist Michael J. Roberts) reported an interesting national bureau of economic research debate on the economics of climate change. The debaters were Pindyck (MIT) and Weitzman (Harvard). It seems increasingly clear that the key factors driving economic conclusions are the treatment of discounting and uncertainty -- how much do we care about the world after this century and how averse are we t...
CONTINUE READINGPlastic Trees Revisited
Thirty-five years ago, Larry Tribe wrote an article called "Ways Not to Think About Plastic Trees," probing the foundations of environmental law. The article prompted an equally interesting response from environmental philosoper Mark Sagoff. The issue was whether we should preserve nature simply for its utility to humans or whether it had other types of value. Plastic trees now seem to be making a revival, according to a recent report, again prompting the question...
CONTINUE READINGIt Depends on What the Meanings of “Are” Are
Bill Clinton once famously said that the truthfulness of a statement depended on "what the meaning of 'is' is." There's a similar usage issue in a recent spat over climate data. A dispute between Roger Pielke and RealClimate seems to turn in part on whether a statement about current climate trends has to be proven by data from the present and immediate past, or whether it can refer to a longer-term trend. Pielke blasts a commentator for saying certain climate chang...
CONTINUE READINGBush administration forest planning rules struck down — again
For much of the past decade, the Department of Agriculture regulations governing land and resource management planning in the national forests have been a kind of political ping-pong ball, bounced back and forth between administrations, and between the executive branch and the courts. Now the U.S. District Court for the Northern District of California has taken another swat at that ball. The planning rules are important because they govern the adoption of plans for in...
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