Climate news gets worse

On Science Insider (subscription required), Eli Kintisch reports on two new scientific studies that together spell bad news for our ability to address the greenhouse gas problem. The first is a computer simulation of the effect on global CO2 levels if developed nations adopt the most aggressive greenhouse gas emission reductions they have proposed or committed to -- including 80% below 1990 levels by 2050 in Europe and the U.S. The authors find that even with those cuts...

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Interior team slowly takes shape

President Obama and Interior Secretary Salazar have begun to trickle out the new leadership team for the Interior Department. So far, the team is heavy on legal talent. Like Secretary Salazar, the first three nominees to subordinate positions all hold JDs. David Hayes was nominated late last month to be Deputy Secretary, the number two position in the Department. Hayes, a graduate of Stanford Law School, was a partner at Latham and Watkins before becoming Deputy Secreta...

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WALL-E World

For those of us who don't live in or visit heavily-foreclosed neighborhoods, we often read the statistics without understanding the physical reality. But environmentally-speaking, many neighborhoods in this country have essentially become ghost-towns. So what do we do with these abandoned properties? Well, for some enterprising bobcats, these now-empty McMansions represent some low-cost lodging (photo to the left).  For local governments, however, abandoned suburbs ...

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An Invitation to Explore the Connections Between Constitutional & Environmental Law

These days, more and more of the most important environmental law disputes arise in the crucible of constitutional law.  Preemption, the Dormant Commerce Clause, the foreign powers doctrine, constitutional principles of standing to sue and the separation of powers doctrine are all doctrines of constitutional law that have been invoked in much of the most critical environmental litigation of our generation. Yet, surprisingly, there's been precious little systematic disc...

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U.S. state insurance regulators take step toward addressing climate risk

I've spent some time over the past two years studying the relationship between the insurance industry and climate change.  Yesterday there was an important development in this area: the National Association of Insurance Commissioners (NAIC) , the group of state regulators that collectively regulate insurance in the U.S., adopted for the first time a requirement that large insurers complete an annual climate risk disclosure survey. The insurance industry bears much o...

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Was it worth it?

Sometimes environmental litigation becomes strikingly divorced from the underlying facts that give rise to it. And sometimes the hardest fought litigation seems to have the least impact on what the parties are ostensibly fighting about. When that litigation creates bad precedents that are difficult to reverse, you have to wonder whether anything of value has come out of the process. Take, for example, the litigation that produced the Supreme Court decision in Department...

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Time for NMFS to lead on hatcheries

Demonstrating once again the importance of presidential elections and appointments, the 9th Circuit has upheld the National Marine Fisheries Service’s policy on considering hatchery fish in listing Pacific salmonids.  (Hat tip: ESA blawg.) Hatchery fish can be a boon or a bane to salmon conservation. Because hatchery programs have emphasized production of fish for harvest, on the whole they have been far more harmful than helpful to wild fish over the last century. ...

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Good news for right whales

It's easy for environmentalists to get depressed, given the amount of bad news about climate change, species losses, and the like. But sometimes there is unexpectedly good news. This morning's New York Times has one of those stories. The Atlantic right whale, which not long ago was thought by many to be a lost cause, appears to be rebounding. Last year brought a record number of calves, and "probably for the first time since the 1600s, not one North Atlantic right whale ...

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Ed Glaeser Should Get Out More

Harvard's Ed Glaeser has long been regarded as one of the most astute economists around: economics Nobel laureate George Akerlof thinks he's a "genius." But if he keeps writing posts like this, it will serve as evidence less about him and more about the collapse of economics as a serious profession. Glaeser and my UCLA colleague Matt Kahn compared the carbon footprints of urban dwellers versus suburbanites: In almost every metropolitan area, we found the central city re...

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Ocean Law Developments

If you're interested in ocean issues, you might want to take a look at the new symposium in Issues in Legal Scholarship: Frontier Issues in Ocean Law: Marine Resources, Maritime Boundaries, and the Law of the Sea. Issues in Legal Scholarship is on on-line, peer-reviewed publiation of Berkeley Law, featuring symposiums organized by Berkeley faculty and research centers.  This particular symposium was organized by Harry Scheiber on behalf of the Law of the Sea Instit...

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