A Belated Victory for the Bush Administration

The Fourth Circuit has upheld the Army Corp permit program for mountaintop mining, notwithstanding claims that the Corps had violated NEPA, the Clean Water Act, and its own regulations.  According to the dissent: Today’s decision will have far-reaching consequences for the environment of Appalachia. It is not disputed that the impact of filling valleys and headwater streams is irreversible or that headwater streams provide crucial ecosystem functions. Further, the ...

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Newsflash: The Environment and the California Budget Deal

Greenwire reports: "California lawmakers are expected to vote on a budget deal tomorrow that would waive environmental reviews for some highway projects and reverse diesel regulations for off-highway vehicles and construction equipment, sources close to the process said." However, there is also good news: "Out of the budget package are proposals to stop reviews of greenhouse gas emissions under the California Environmental Quality Act and limit the authority of the state...

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Bridging a Browner-Summers Gap?

Much has been made about a potential feud between White House Economic Advisor Larry Summers and White House Energy and Climate Advisor Carol Browner over how fast to cut carbon emissions. Summers has been vocal in expressing concerns over the economic effects of a tough climate policy. Browner, by contrast, is a strong advocate for aggressive action to reduce greenhouse gas emissions. Overlooked in press accounts of the feud is an interesting staffing choice. Joe Aldy, ...

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The Commerce shuffle

Does anyone want to be Secretary of Commerce? First Bill Richardson stepped aside under a cloud. Today, nominee #2 Judd Gregg (about whom Cymie and I blogged earlier) withdrew his name, saying he disagreed too strongly with President Obama to take the position. Still, fans of the Department's environmental arm, the National Oceanic and Atmospheric Administration, can take heart. The Senate Committee on Commerce, Science, and Transportation held a hearing this morning (w...

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You won’t see this in the stimulus package

Just announced:  A new UK program to give all homes an energy efficiency retrofit by 2030.  This from the Guardian: All UK households will have a green makeover by 2030 under government plans to reduce carbon emissions and cut energy bills. Cavity wall and loft insulation will be available for all suitable homes, with plans to retrofit 400,000 homes a year by 2015. Financial incentives for householders will also be available for low-carbon technologies such as solar p...

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Don’t Know Much Biology

As a famous biologist once said, "without evolution nothing in biology makes sense."   And biological science  is obviously basic to a lot of environmental policy. Thus, it is dismaying to learn that only four out of ten Americans believe in evolution.  Trying to understand environmental policy without believing in evolution is like trying to understand nuclear energy without believing in atoms. According to the Gallop Poll, On the eve of the 200th anniversary of C...

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Midnight regulations and how the Obama administration can improve federal regulation

There has been a lot of talk about "midnight regulations" issued or initiated by the Bush administration in its final days (including the one that is the subject of this post by Holly).   Outgoing presidents, starting at least with Jimmy Carter, have had a practice of issuing many new regulatory decisions in a hurry as they leave office, with the goal of promoting their policy agendas long after they are gone.   Elizabeth Kolbert published a short piece about th...

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Debunking stereotypes about sprawl and Los Angeles: Be Precise!

Eric A. Morris over at Freakonomics is challenging readers to debunk fashionable stereotypes (often promoted by the jealous folks from the Bay Area) about Los Angeles and sprawl. On Monday, he made clear what planning folks have known for a long time: LA is actually quite a dense city. But be careful how you ask your questions. The stereotype Morris listed was "Los Angeles has developed in a low-density, sprawling pattern." As we lawyers would say: "Objection. Compound...

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Wolf woes

Wolf conservation has long been among both the most controversial and the most  creative aspects of implementation of the U.S. Endangered Species Act. There's been a flurry of wolf news over the past three months. It emphasizes conflict, some of that over attempts at creative ESA implementation. In the southwest the Mexican wolf is suffering at the hands of bureaucrats and scofflaws, and in the Great Lakes and northern Rockies the gray wolf is causing headaches for bure...

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Calling All Nanotubes

California is out in front on emerging environmental issues once again.  Using authorities provided under AB 289, the Department of Toxic Substances Control (DTSC) recently issued a call to manufacturers for information relating to carbon nanotubes manufactured in or imported into California.  Carbon nanotubes have received significant attention of late given their growing level of use in commerce, and a series of studies suggesting that they may present significant he...

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