Disaster Law
Adapting to Increased Fire Risk in the West
The LA Times features two really good opinion pieces today about environmental issues. One is by my colleague Glen MacDonald and the other is by Alyson Kenward. Glen’s piece provides new empirical evidence challenging the climate skeptics while Alyson Kenward discusses elevated fire risk in the American West. Kenward’s piece isn’t long enough to discuss …
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CONTINUE READINGDestroying the Land in Order to Save It
In the middle of the worst drought in decades, the climate denying House of Ayn Rand Representatives was so intent on hacking apart Food Stamps that it couldn’t even figure out how to pass a farm bill. (And the House Ag Committee version, it should be mentioned, was an abomination, maintaining egregious farm subsidies and …
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CONTINUE READINGOverdrafting California’s Groundwater Resources–A Chronic Condition
A recently issued study by a University of Texas-led group of research scientists confirm a discomforting fact: groundwater resources in California’s Central Valley are being depleted at an alarming rate. As reported in the Sacramento Bee, the study warns that current groundwater extraction rates from the Central Valley aquifer–which is primarily mined to serve agricultural …
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CONTINUE READINGWhat’s New on the Seven Seas?
The scientific journal Nature reports on two recent research findings. One is bad news. I think the other is good news, but not everyone will agree. The first report (the bad news) is a reminder that ecological harm is a cumulative process: The [new] study suggests that the cold weather was the first of three …
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CONTINUE READINGSupreme Court Declares Juries Responsible for Assessing Criminal Fines in Environmental Enforcement Cases
The Supreme Court on Thursday handed down its third and final environmental law decision of its current Term. (The case, Southern Union v. United States, is also significant for being the first criminal environmental enforcement case in the Court’s history) In a 6-3 decision, the justices ruled that criminal penalties sought by federal prosecutors in …
CONTINUE READINGA Run of Bad Luck
A Brookings report, The Year that Shook the Rich: A Review of Natural Disasters in 2011, points out that 2011 was the worst year in history in terms of costly natural disasters: 2011 was the most expensive year in terms of disaster losses in history, mostly because of a spate of disasters affecting developed countries. …
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CONTINUE READINGAdapting to Increased Flood Risk in the Midwest
Here is a blog post about adapting to increased flood risk. I wrote it after reading this news release. This is the “classic adaptation two-step”. In the first step of the dance, climate scientists identify location specific climate trends. In this case, the RMCO research documents 50 year trends in increased flood risk …
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CONTINUE READINGThe NRC Ducks the Hard Questions
As Fukushima revealed, the Japanese nuclear industry had a very cozy relationship with regulators. That kind of coziness is not unheard of in the U.S. context, either. After the Three Mile Island accident, Congress divided the responsibilities of the Atomic Energy Commission, giving its mandate to promote nuclear power to DOE and its regulatory authority …
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CONTINUE READINGSupreme Court Grants Review in Takings/Flooding Case
The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …
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CONTINUE READINGThe Supreme Court Strikes Down the Clean Air Act
Not, not really. Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law. I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …
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