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Prioritizing Livestock Emissions

How do you solve a problem like manure?

Under AB 32, California’s climate change law, “greenhouse gas” is defined to include carbon dioxide, methane, nitrous oxide, and some fluorinated gases. But the bulk of the state’s efforts to date have focused primarily on the first. CO2 is undeniably the primary offender: It accounts for about three quarters of annual global emissions, and is …

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Food Policy: A Reply to Dan Farber

Earlier this week on this blog, Dan Farber made the excellent point that although the average American is neither malnourished nor obese, both persist as significant problems revealing deep failures in our food system. But his juxtaposition of statistics regarding obesity with those regarding malnourishment reflects a common misunderstanding of malnourishment, which is often equated with …

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A Roadmap for State Comments on the Clean Power Plan

Considerations for State Regulators Tackling EPA’s §111(d) Proposed Rule

Yesterday, EPA announced its decision to extend the comment period on the Clean Power Plan—the agency’s proposed rule to regulate power plant greenhouse gas (GHG) emissions under Clean Air Act § 111(d)—until December 1, 2014. The comment period was originally scheduled to last 120 days, until October 16th. You can find a list of compiled …

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FDA Discretion and Animal Antibiotics

FDA has stalled for 30 years in regulating antibiotics in animal feed. A court says that’s O.K.

The FDA seems to be convinced that current use of antibiotics in animal feed is a threat to human health. But the Second Circuit ruled recently in NRDC v. FDA that EPA has no duty to consider banning their use.  That may seem ridiculous, but actually it’s a very close case legally.  The court’s discussion of Massachusetts …

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The Federal Energy Regulatory Commission Can Do a Lot to Reduce Greenhouse Gas

A new report shows that FERC has extensive power to address climate change.

The U.S. Environmental Protection Agency (EPA) has captured the attention of the energy world with its proposed regulations to reduce greenhouse gas emissions from existing power plants – and for good reason. The EPA’s authority is broad and its resolve to address climate change is evident. But other federal agencies are in a position to …

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Compiled Resources on the “Clean Power Plan” Proposed §111(d) Rule

All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses

Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a public comment period that will close on December 1, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation of …

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A summer course for foreign lawyers interested in US environmental law

This summer Berkeley Law is providing an exciting opportunity for lawyers around the world who are interested in learning more about US environmental law. Our seventeen-day course in late June and early July provides a thorough grounding in all the major issues in US environmental law (ranging from air pollution to natural resources, water rights …

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Biofuels and Food Prices

A recent economics paper suggests strongly that biofuels have raised food prices for the world’s poor.

Berkeley economist Brian Wright has a disquieting article in the Winter 2014 issues of the Journal of Economic Perspectives, which just crossed my desk.  JEP is published by the American Economic Association and is a great resource for those of us who are interested in economics but aren’t professional economists.  This article is a case in …

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Utility Air Regulatory Group v. EPA: Another Take on the SCOTUS Oral Argument

Decision favoring EPA seems likely

The venerable pastime of U.S. Supreme Court-watching always involves divergent opinions that, as Rick Frank noted, all should be taken with a grain (or even a pound) of salt. The outcome of Utility Air Regulatory Group v. EPA is decidedly uncertain, but I left the oral argument yesterday more optimistic than my Legal Planet colleague. …

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California’s Proposed Drinking Water Program Reorganization: A Primer

Photo credit to Darwin Bell.

What would the shake-up mean for those who currently lack affordable access to safe drinking water?

A shake-up of California’s struggling Drinking Water Program is in the works.  What follows is a little history, context, and a few thoughts on what it will likely mean for drinking-water stakeholders—in particular those who have the hardest time accessing safe drinking water.  A history of problems for the Drinking Water Program Last April, Jonathan …

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