For once, regulation precedes crisis
Often government doesn't notice, or at least isn't sufficiently motivated to respond to, the need for regulation until after something goes badly wrong (witness the financial market meltdown). But this week the National Marine Fisheries Service got ahead of the curve. On Monday, NMFS finalized a rule prohibiting all fishing for krill, the non-charismatic but essential tiny crustaceans at the base of the marine food chain, in the Exclusive Economic Zone off the west coa...
CONTINUE READINGThe U.S. Supreme Court; the Environment – It’s Not Too Late to Get Briefed
Recently, Berkeley Law's environmental faculty presented a fast-paced, informative webcast on the numerous, key environmental law decisions handed down by the United Supreme Court in its just-concluded Term. The 90-minute webcast was sponsored and hosted by Berkeley Law's Center for Law, Energy & the Environment (CLEE). Berkeley Law professors Dan Farber, Holly Doremus, Eric Biber and CLEE Executive Director Richard Frank also preview the Supreme Court's environme...
CONTINUE READINGThe Sotomayor Hearing and the Climate Nuisance Case
The NY Times reports that one issue in the confirmation hearing may be a case involving climate change. The plaintiffs sued under the federal common law of nuisance for injunctive relief against public utilities for their carbon emissions. The case has now been pending before a panel including Judge Sotomayor for several years. It's definitely an interesting case. The district court held that the case presented a "political question" and hence was not justiciable. ...
CONTINUE READINGOf judges and umpires
With the Senate about to begin hearings on the nomination of Sonia Sotomayor to the Supreme Court and major league baseball at the all-star break, thoughts turn naturally to the intersection of America's Court and America's pastime. That intersection, of course, lies at the question of whether the judge should play the same role in the administration of justice as the umpire does in the administration of baseball. At his confirmation hearing in 2005, now-Chief Justice J...
CONTINUE READINGSetbacks for Coal
Two setbacks for coal this week: First, the Georgia Court of Appeals issued an order that will result in further delay of the Longleaf coal-fired power plant proposed for Early County, Georgia. Second, U.S. EPA notified the state of Kansas and Sunflower Electric Power Corp. that a new air quality permit will be required before Sunflower can build a 895 megawatt extension to its existing coal-burning power plant near Holcomb....
CONTINUE READINGBad News for Climate Reductions, Troubling Prospects for Copenhagen
President Obama's failure at the G-8 summit to get the largest developing countries to agree to set goals to cut greenhouse gas emissions by 2050 was only one piece of bad news this week for efforts to attack global warming. Although the House of Representatives narrowly passed the Waxman-Markey bill last week, prospects in the Senate are looking grimmer. Senator Barbara Boxer (D-CA) announced yesterday that the Senate Environment and Public Works Committee, whic...
CONTINUE READINGGreetings from New England – Home to Green Jobs, But No Polar Bears
Residents of Pittsfield, Massachusetts who stay close to home may not have seen a polar bear in – well – a long time, and the economy may be in a general slump. but the town fathers and mothers have seen a recent growth in green jobs. The Berkshire Eagle reports that The Center for Ecological Technology, a long-serving nonprofit provider of energy efficiency services, has doubled its work force from 35 to 70 employees over the past year. It has yet to fill five o...
CONTINUE READINGCould Obama have wrung China climate concessions from Hu in Italy? We’ll never know
Jonathan's recent post about the intersection of religion and environmentalism failed to foreshadow the most important way in which religion may have impacted environmental policymaking this week: by scuttling key climate talks associated with the G8 meeting in Italy. As reported here, the meeting succeeded in securing a pledge from G8 nations to reduce their GHG emissions by 80% by 2050 (this was the first time the U.S. had made this commitment on an international sta...
CONTINUE READINGScience, the public, and policy
The Pew Research Center for the People and the Press today released the results of a survey (full report here) of American scientists and the public. The survey lands at a time when both scientists and politicians are actively questioning how science can play a more effective role in the policy process, so it's not surprising that it's getting a lot of attention. The survey, conducted in cooperation with the American Association for the Advancement of Science, found som...
CONTINUE READINGNational Conversation Starts on Public Health and Chemical Exposure
The CDC’s National Center for Environmental Health and the Agency for Toxic Substances and Disease Registry recently kicked off their National Conversation on Public Health and Chemical Exposure with a day-long meeting on June 26, 2009 in Washington, DC. The National Conversation is a stakeholder and public involvement initiative intended to develop an action agenda for protecting public health through the safe use and management of chemicals. In a keynote addr...
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