Environmental Justice
What Bonneville Salt Flats can teach us about CEQA exemptions
The Bonneville Salt Flats need to be saved. The location where many of the world-records for land speed have been set is in danger. A combination of years of racing, plus the construction of Interstate 80 and alterations in salt mining techniques has meant that the hard salt surface of the flats (similar in hardness …
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CONTINUE READINGComparing Canadian and US Environmental Law: Judicial Review
In a prior post, I talked a little about proposed changes to Canadian environmental laws that would roll back significant protections and procedural requirements. I also talked about some of the differences between Canada and the United States that might be the basis for very different histories of environmental law in the two countries. But …
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CONTINUE READINGEnvironmental Law in Canada
Americans (especially liberals) often have a warm and fuzzy vision of our neighbors to the north as a kinder, gentler version of the United States. (Remember this map after the 2004 election?) But when it comes to environmental issues, that really isn’t the case. The conservative Canadian government led by Prime Minister Harper has recently introduced its …
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CONTINUE READINGTunnel vision in environmental law and policy
One of the reasons that environmental law and policy is so interesting, and so challenging, is that it is very, very difficult to reduce what we mean by “environmental quality” to one single metric. A couple of recent posts by a leading progressive policy blogger (Matt Yglesias) make this point very well.
CONTINUE READINGTea Party activist wants to repeal all California environmental laws
A number of other posts on Legal Planet have noted various efforts by Republicans in Congress to stop or repeal EPA regulations. Those efforts are part of a broader movement by Tea Party organizations (organizations that are overwhelmingly Republican) to effectively eliminate environmental regulations in the United States. If there was any doubt about that …
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CONTINUE READINGExtra! Extra! Read All About it!
Here’s a scary thought. There’s an important new development in environmental law. OK, that could be scary, especially if it involves the current Congress. But the really scary thought is this: what if you don’t find out about it because you forgot to check Legal Planet that day? Fortunately, the remedy is at hand. If …
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CONTINUE READINGCEQ finalizes guidance for categorical exclusions
Cross-posted at CPRBlog. The White House Council on Environmental Quality has issued the first of three expected final guidance documents for federal agencies implementing the National Environmental Policy Act. This one, which covers the use of categorical exclusions, is an excellent start. NEPA is the “look before you leap” environmental law. It requires that federal …
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CONTINUE READINGAnti-AB 32 Campaign Should Be Interesting
The ballot initiative to suspend the implementation of California’s landmark greenhouse gas legislation — which qualified for the ballot last week — should garner huge amounts of attention and spur job growth at least in the world of ballot campaigns. The California Public Policy Institute is predicting that proponents and opponents of the initiative (which …
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CONTINUE READINGPetitions, agency expertise and dispersed information in environmental law
“Agency expertise” is a familiar phrase to anyone who has had any significant experience in environmental law. Courts defer to agencies in part because of the perception that agencies have more expertise in technical matters than the courts or the plaintiffs who might be challenging agency decisions. One of the criticisms of various forms of …
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CONTINUE READINGExploring Climate Change and the Law
Looking for a way to pass the time over the long Labor Day weekend? Want to learn more about the legal and policy dimension of climate change? Check out Berkeley’s course on climate law, now available here on YouTube. Scholars discuss everything from the economics of climate change to WTO issues raised by biofuels ,and …
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