The importance of outside advisors and career staff
Dan posted recently about the decision remanding EPA's latest revision of the particulate NAAQS, American Farm Bureau v. EPA. One thing that struck me reading the decision is the powerful role played not only by outside advisory groups but also by career agency staff. Even if they are overridden by the political decisionmakers, the views of independent advisors and career staff rightly significant weight in judicial review. This case consolidated environmental, state, a...
CONTINUE READINGTwo Cheers for Clean Coal
I think it's terrific that the Coen Brothers are making funny, effective ads against relying on "clean coal" as part of the US energy program. But I worry that the clean energy community is really missing the boat here. Clean coal research and development is absolutely crucial in fighting climate change not for us, but for India and China. India has the fourth largest reserves of coal in the world -- most of it very dirty, with high ash content. It currently imports 70%...
CONTINUE READINGObama’s Progressive Tax and Energy Policy
Though the budget released yesterday by the Obama Administration was short on details, it was long on big pronouncements that fundamentally shift federal policy in important areas. On the climate change front, the budget for the first time reveals the administration's thinking on how it would distribute money raised from allowances issued under a proposed cap and trade scheme to regulate carbon emissions. Obama's priorities on climate change are welcome news -- aggress...
CONTINUE READINGJon Cannon To Be EPA Deputy Administrator
President Obama has nominated Jon Cannon, Professor of Law at University of Virginia, to be the EPA's new Deputy Administrator, subject to Senate confirmation. Cannon has extensive experience in the federal government, including three years as the EPA's General Counsel from 1995-98. In my view he's a great appointment. His background gives him enormous experience, he's incredibly smart and knowledgeable and he's genuinely a nice, thoughtful and reasonable guy. His politi...
CONTINUE READINGWhy futures markets won’t save species
Conflict, or perceived conflict, between profits and conservation drives much of the controversy over implementation of the Endangered Species Act. Landowners and resource users resist species listing and protection because it comes at their expense. For years we've been talking about whether and to what extent to incorporate compensation or other economic incentives for conservation into the ESA. The same intuition drives the quest to incorporate ecosystem services int...
CONTINUE READINGCourt ruling will force EPA to take action it was required to take in 1983 (!)
It is not unusual for the federal government to neglect its statutory duties under federal environmental laws; when it does, citizen suits are the primary means of ensuring that the government follows the law. Sometimes federal agencies' inaction results from lack of resources, and sometimes it results from intentionally interpreting its duties in a minimalist manner. In some cases, the government can at least plausibly argue that it has followed the law, and the ...
CONTINUE READINGOf Smelt, Salmon & Whales
The inter-connectivity of our ecosystem has been underscored by new and alarming scientific findings. Recently, the National Marine Fisheries Service has reported that the dramatic, well-documented declines in Pacific salmon fisheries may lead to the extinction of Pacific killer (Orca) whales. This killer whale population, a unique species, is already endangered under federal law, and currently numbers only 84 animals; they normally inhabit ocean waters off the Pacif...
CONTINUE READINGUCLA Working Conference on Nanotechnology Policy
The2009WorkingConferenceonNanotechRegulatoryPolicywillbeheldattheUniversityofCalifornia,LosAngelescampusonApril17. TheConferencewillbringtogetheraninterdisciplinarygroupofscholarsandresearchers,policymakers,non-governmentalorganizations,andbusinessesforaction-orientedworkshoppanelsonthescienceandpolicyofnanotechnology. ThegoaloftheConferenceistocriticallyevaluateseveralspecificpolicyproposalsforrespondingtothepotentialpublichealthandenvironmentalimpactsofnanotechnolo...
CONTINUE READINGPresident Obama’s Remarks on Energy Tonight
"It begins with energy. "We know the country that harnesses the power of clean, renewable energy will lead the 21st century. And yet it is China that has launched the largest effort in history to make their economy energy efficient. We invented solar technology, but we've fallen behind countries like Germany and Japan in producing it. New plug-in hybrids roll off our assembly lines, but they will run on batteries made in Korea. "Well, I do not accept a future where the...
CONTINUE READINGAnother Posthumous Loss for the Bush EPA
Greenwire Reports: The U.S. Circuit Court of Appeals for the District of Columbia ruled that U.S. EPA's 2006 standards for fine particulate matter were, "in several respects, contrary to law and unsupported by adequately reasoned decisionmaking." At issue was the rule that kept the primary standard for annual fine particulate matter at 15 micrograms per cubic meter, even though EPA's staff and scientific advisers had recommended a standard between 13 and 14 micrograms. S...
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