Chocolate Coated Coal?

The Associated Press reports that Lindt USA (that's right, the chocolate company) and Public Service of New Hampshire (PSNH) served up a new form of fuel on Tuesday when they mixed 18 tons of crushed cocoa bean shells with 600 tons of coal to power an electric power plant.  The shells are a byproduct of chocolate production, and Lindt anticipates having quite a few of them when it opens up its new processing plant near Schiller Power Station in 2010.  Yesterday's tri...

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The new American Dream

Anti-government conservatives have long ridiculed urban planners and environmentalists for their efforts to concentrate development in urban centers and limit the growth of sprawl. They argue that these 'grand visionaries' and urban planners are attempting to engineer top down control over consumers, who by and large desire the stereotypical American dream: a detached, single family home in the suburbs. Academics like USC's Peter Gordon have argued that ...the era of s...

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A pointed end to the Julie MacDonald era

Last week, the U.S. Fish and Wildlife Service announced its revised critical habitat designation for the Canada lynx. (Hat tip, ESABlawg.) Back in the day when Julie MacDonald was serving Deputy Assistant Secretary for Fish, Wildlife and Parks, FWS had designated just over 1,800 square miles as lynx critical habitat. After MacDonald was forced out for improper political meddling in ESA decisions, FWS agreed to review this decision among others. On reconsideration, it now...

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New Standing Decision

The Supreme Court announced its decision in Summers v Earth Island Institute this morning.  The full opinion is on the Supreme Court site.)  In a 5-4 split, the Court denied standing in an opinion by Justice Scalia.  As Justice Stevens' dissent explains: The Court holds that the Sierra Club and its members along with other environmental organizations) do not suffer any "‘concrete injury'" when the Forest Service sells timber for logging on "many thousands" of small ...

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Still waiting on Lubchenco and Holdren

On February 12, the Senate Committee on Commerce, Science, and Transportation held a hearing (see here for the webcast) on the nominations of Jane Lubchenco as NOAA Administrator and John Holdren as head of the White House Office of Science and Technology Policy.  Although Sen. David Vitter (R-La.) questioned Holdren sharply over some papers Holdren wrote in the 1970s predicting "eco-catastrophe," no significant controversy or opposition to the nominees emerged at the h...

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Why is GM using taxpayer funds to fight clean car progress?

Just back from a weekend conference where climate litigator Matthew Pawa gave a keynote address.  He's one of the lawyers who successfully defended California's right to demand that automakers make cars that limit their greenhouse gas emissions, calling and cross-examining witnesses in a dramatic 2007 trial that put climate change science on the stand.  In some ways it was the modern-day equivalent of the Scopes trial, but with science winning this time.  (Read the co...

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Don’t hamstring the Endangered Species Act

The federal Endangered Species Act (ESA) is a vitally important bulwark in the legal protections for our environment in the United States. The ESA provides essential life support to a wide range of species on the edge of extinction, species such as our native salmon, grizzly bears, and California condors. The Act has helped to bring back species such as our national symbol, the bald eagle. Of course, there are costs to the ESA. We might lose out on economic development o...

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Is Environmental Law Socialist?

Conservatives might be seeking a spiritual leader, organizing principle and fresh identity, but they at least seem to have settled on a favorite rhetorical ogre: socialism. As in, Democrats are intent on forcing socialism on the "U.S.S.A" (as the bumper sticker says, under the words "Comrade Obama"). This trend, as reported by the New York Times,  raises the question of whether environmental law is "socialist" in some sense.  No doubt many of Rush Limbaugh's fan...

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Greening the House

Congress is giving up on immediate carbon neutrality, but it's not clear if this is real step forward giving the complexities involved with offsets.  According to the Washington Post: The promise that the House would effectively reduce its greenhouse gas emissions to zero was a centerpiece of the Green the Capitol program in which the new Democratic leadership sought to use Capitol Hill as a kind of a national demonstration project. But last week, a spokesman for the Ho...

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It’s the Economy

The Western Business Roundtable doesn’t care for Cap and Trade (the politician’s tool of choice for reducing carbon emissions). In fact, it is hard to believe that the organization gives much weight to the climate challenge at all. The Roundtable, the website of which does not list its members, but describes them as including representatives of the coal, oil, and gas industries, hired a consultant to explain why the Western Climate Initiative (WCI) is a bad idea. The...

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