Green Buildings: LEEDing to Trouble?
Green construction is all the rage among legislatures, regulators and the building industry. Incentives and mandates abound at the federal, state and local level, but so too do risks of failure to meet the certification standards when all the dust settles after construction is complete. The Harvard Law School Environmental Law and Policy Clinic recently released an interesting white paper regarding the legal risks arising in the construction of green buildings, incl...
CONTINUE READINGCalifornia environmental justice advocates sue Air Resources Board over climate scoping plan
UPDATES: California Air Resources Board Chair (and former UCLA colleague) Mary Nichols comments below. The Complaint in this action is available here (caption page separately available here). A coalition of California environmental justice advocates has filed a lawsuit challenging the legality of the California Air Resources Board's scoping plan for AB 32, the landmark climate change law enacted in 2006. The plaintiffs include Communities for a Better Environmen...
CONTINUE READINGMore Nominations
Sam Hamilton, a career federal biologist, to head the Fish and Wildlife Service. Bob Abbey, a longtime Bureau of Land Management official before becoming a private consultant, as director of BLM. Both of them seem to be accomplished professionals. However, E&E News reported (subscription req'd), GOP Senators seem to be sitting on many Obama nominations for no announced reason, perhaps as retaliation for the decision to schedule the Sotomayor hearings earlier than ...
CONTINUE READINGScientific integrity at EPA
Lisa Jackson was up on Capitol Hill yesterday, telling the Senate Committee on Environment and Public Works how her EPA will protect scientific integrity. The webcast is available here. In her written testimony, Jackson said: While the laws that EPA implements leave room for policy judgments, the scientific findings on which these judgments are based should be arrived at independently using well-established scientific methods, including peer review, to assure rigor, ac...
CONTINUE READINGRebutting the Economic Attacks on Waxman-Markey
The first line of defense against climate regulation was that climate change didn’t exist. The next line of defense was that maybe it was real, but it wasn’t caused by humans. Now we’re up to the third line of defense: it does exist and it is caused by humans, but it’s too expensive to fix. For example, the Heritage Foundation estimates that Waxman-Markey would cost society a whopping seven trillion dollars by 2035. These estimates fail to ask a critical questio...
CONTINUE READING11th Circuit stirs the NPDES pot
Cross posted at CPRBlog. In a decision that shows the power of Chevron deference, Friends of the Everglades v. South Florida Water Management District, the 11th Circuit has upheld EPA’s water transfers rule, which provides that the act of moving water from one waterway to another does not require a National Pollutant Discharge Elimination System permit under the Clean Water Act. The question of whether water transfers are subject to CWA permitting has been litigated...
CONTINUE READINGClimate Change and War: A Partial Dissent
As risky as disagreeing with Dan always is, I'm not sure I accept the comparison between war and climate change -- at least not in terms of the negotiations. I think that a better analogy is between climate change and trade. Most succinctly, I believe this because in war, the relative gains of either side predominate. The issue in a war is not "who gains or loses" but rather "who gains or loses more than the other side." The Union won the Civil War because it destro...
CONTINUE READINGAcid oceans coming to a beach, and theater, near you
Global warming has gotten so much attention lately that the public has largely overlooked another, independent consequence of rising CO2 concentrations: acidic oceans. As discussed by Dan earlier this year, for many years the oceans have been silently absorbing CO2 and thereby buffering against even higher atmospheric GHG levels, staving off more warming -- but with potentially devastating consequences scientists have only recently begun to understand. The ocea...
CONTINUE READINGEndangered species news round-up
It's been a busy late spring in the endangered species world. Some recent developments: Gray wolf: Environmental groups have filed a lawsuit challenging the delisting of the gray wolf in the northern Rockies. The EarthJustice press release is here, complaint here. The gist of the complaint is that the state management plans do not provide enough protection. Meanwhile, AP reports that Wyoming, where wolves remain on the endangered list because FWS rejected the state...
CONTINUE READINGDeclaring War Against Climate Change
The NY Times describes the current negotiations in Beijing as resembling an arms control contest, with demands for verifiable reductions (but in emissions rather than missiles). The military comparison may be apt. Dealing with climate change is going to be like fighting a major war in a number of respects: *It will involve mobilizing for collective action on a vast scale. *It involves offensive actions (climate mitigation to reduce the strength of the "enemy") and...
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