The Endangered Species Act, enacted in 1973, has for most of its history been the most controversial and politically-charged of all the foundational environmental laws adopted by Congress in the 1970’s. But despite its contentious history, opponents of the ESA have been unsuccessful in their efforts to weaken the law, either through significant Congressional amendments […]
Last Friday, the Fourth Circuit halted efforts to build a natural gas pipeline because the Administration had done such a lousy job of showing its compliance with the Endangered Species Act. This was one of the Administration’s many losses in court. The case involved a perfect example of “arbitrary and capricious” decision making, to use […]
Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the […]
The previous two posts in this series described how and why genetically modified organisms (GMOs) could be introduced into wild populations, either “typically” modified ones that would transmit their altered genes ineffectively or those with “gene drives” whose changes would quickly propagate through the entire population. In both cases, their potential applications include helping conserve […]
In my previous two posts, I introduced what I call first, second, and third generation genetically modified organisms: (1) GM bacteria for diverse, mostly indoor purposes; (2) GM crops and agricultural animals; and (3) GMOs that would be intentionally placed into natural environments, where they would live, reproduce, and transmit their modified genes to offspring. […]
When contemplating the enormous challenge of global climate change, it is sometimes helpful to think about a simple model of the global carbon budget (see figure below). These admittedly reductionist schematics distinguish between sources, sinks, and reservoirs. Fossil hydrocarbons from the geological reservoir–call this dead carbon—are extracted and burned to generate energy, emitting vast amounts […]
Last week, I introduced what I call “first generation” genetically modified organisms (GMOs) – altered bacteria for diverse, mostly indoor purposes – and “second generation” ones – GM crops and agricultural animals. Here, I describe third generation GMOs, which are those that would be intentionally placed into natural environments, where they would live, reproduce, and […]
If you think about yourself and the two generations after you, a lot depends on your current age, whether you already have kids, etc. To keep this from getting too complicated, let’s focus on someone who was born in the US at the start of the millennium, in 2000. To simplify, I won’t specify gender […]
Although the big news in international biodiversity this week was the release of the summary of the first global assessment from a relatively new UN-affiliated body, the topic of another report warrants attention as well. Yesterday the International Union for Conservation of Nature (IUCN) published its findings on “the potential positive and negative impacts of synthetic […]
When it comes to California water policy, the federal-state relationship has always been both strained and challenging. That intergovernmental tension harkens back at least to the Reclamation Act of 1902. In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state […]
