Climate Change
More on Today’s U.S. Supreme Court Property Rights Decision
As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …
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CONTINUE READINGSupreme Court issues decision in Florida beach sand takings case
UPDATE: Rick Frank has published some insighful analysis here of the decision discussed below, including discussion of the impacts of the changing Supreme Court composition on the development of doctrine in the so-called “judicial takings” area. The U.S. Supreme Court just issued its decision in Stop the Beach Renourishment v. Florida Department of Environmental Protection …
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CONTINUE READING“Murky” Resolution Vote
The Senate voted today on Sen. Murkowski’s resolution to halt EPA regulation of greenhouse gases. The resolution was defeated by47 to 53. What are we to make of the vote? The resolution was offered under the Congressional Review Act, which provides a fast-track mechanism for Congress to override agency regulations. (The CRA, which was part …
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CONTINUE READINGPew calls for federal leadership on climate adaptation
The Pew Center on Global Climate Change has issued a report on Adapting to Climate Change: A Call for Federal Leadership. As its title suggests, the report calls for the federal government to take the lead on climate adaptation efforts, creating a national adaptation program with three major elements: strategic planning, information provision, and research. …
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CONTINUE READINGKitcher on climate change debates
For those of you with an interest in climate change and access to the journal Science, I recommend Philip Kitcher’s “essay review,” The Climate Change Debates. Kitcher, a philosopher of science at Columbia University, uses a review of eight recently-published books about climate science, policy, and politics as the basis for an essay about the …
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CONTINUE READINGUVA Defends Academic Freedom
The Virgnia Attorney General, taking a little time off from his frivolous litigation against healthcare reform, is engaged in a fishing expedition against the University of Virginia. He has issued a sweeping civil investigative demand (CID) for university records relating to climate researcher Michael Mann, for no evident legitimate purpose. After some equivocation, the University …
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CONTINUE READINGNatural Gas from Shale: The Next Energy Boom? The New Climate Solution?
Steve Levine has an interesting article in TNR touting shale gas as the Next Big Thing in the energy world. He predicts falling oil prices (as low as $30/barrel) and geopolitical dislocations. He does observe, however, that there are some unresolved environmental issues. Some of those issues are addressed in a programmatic EIS that’s available …
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CONTINUE READINGComer craziness: Appellate nuisance victory overturned, despite lack of quorum (!)
Question: If an 3-judge panel on an appellate court unanimously reverses a D Ct opinion, and the full Circuit lacks a quorum to reconsider the substance of that appellate panel decision, what happens? If you answered “the appellate panel decision survives,” you’d be supported by a certain (which is to say, all) logic — but …
CONTINUE READING“Why can’t we just make it legal?”
No, not that. The developer in the video below asks the question about building communities that feature walkable spaces, a mix of uses, and more compact development near transit. Most local government land use laws now make them illegal, but they are critical to reducing greenhouse gas emissions from driving, preserving open space, and giving …
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CONTINUE READINGThe Oceans Heat Up
Here’s the data from the latest research in Nature, courtesy of Real Climate: I’m sure that at least some economists will view this as a desirable development: soon we’re going to have our very own planetary hot tub!
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