General

Law Schools Doing Good

How Law Schools Serve the Public

Most people probably think of law schools, when they think of them at all, as places that train future lawyers.  That’s true, and it’s important, but law schools do a lot more.  Faculty scholarship makes a difference –law review articles laid the foundation for many of the ideas now guiding judges (both on the Right …

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What Do You Know About Interior: Test your knowledge

Inspired by Dan Farber’s recent quiz about EPA, here is a similar challenge for the Department of Interior. The questions go from easier to harder (and more obscure). The last question will really test your knowledge. But first some quick history. The Department of the Interior was created by Congress in 1849. As the Department’s …

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Japan Removes Whaling from ICJ Jurisdiction

In a decision that surprised many, almost 18 months ago the International Court of Justice (ICJ) ruled that Japan’s whaling activities in the Southern Ocean were not justified under the International Convention for the Regulation of Whaling (ICRW). Japan’s Ministry of Foreign Affairs replied soon after that “as a state that respects the rule of law …

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What Do You Know About EPA? Test Your Knowledge.

Much of what most people think they know about EPA is wrong.

This test involves a few basics about EPA.  See how much you know. 1.  What President established EPA? A.  Kennedy. B.  Johnson C.   Nixon D.  Clinton 2.  When is cost a factor in issuing EPA regulations? A.  Whenever allowed by law. B.   Under Republican Presidents. C.   Only for minor regulations. D.   …

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California Supreme Court Continues to Expand Its Environmental Docket

Justices Considering Unprecedented Number & Variety of Environmental Law Issues

At the beginning of 2015, I posted on this site an analysis of the California Supreme Court’s environmental law docket.  My conclusion was that California’s highest court was showing unprecedented interest in environmental law–as demonstrated by the fact that it then had pending nine cases arising under the California Environmental Quality Act (CEQA) and 20 …

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Dueling California Drought Relief Bills Debated on Capitol Hill

Stark Differences Emerge Between Competing House and Senate Bills

What can and should the federal government do to assist the State of California in weathering the worst drought in recorded state history? While the U.S. House of Representatives is embroiled in a chaotic political debate over selection of a new House Speaker, the more deliberate consideration of new legislation continues apace in the Senate. …

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DuPont Found Liable In First of 3,500 Lawsuits

Chemical Used in Teflon Linked to Numerous Health Problems, but its Use is Still Legal Under TSCA

Yesterday, a jury in the Southern District of Ohio found DuPont liable for a woman’s kidney cancer in the first of 3,500 suits the company faces. The cases all stem from DuPont’s use and disposal of perflourooctanoic acid (PFOA) or C8. The chemical is used to make Teflon, among other things, and the most recent …

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Is CCS the “best” system of emission reduction for coal-fired power plants?

Exploring Potential Challenges to EPA’s New Source Performance Standard: PART II

This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for …

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Our Mental Models of Climate Change

How did “Collective Action” turn into “No Action”?

In discussions of how to cut global greenhouse-gas emissions, one of the first things you usually hear (often the very first) is that cutting emissions is a global collective-action problem.  To wit: it’s crazy for California (or the United States) to cut unilaterally, because it only works if everyone does it. Or more sharply, we …

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Volkswagen

What Does That Name Mean Now?

Stunning. But not shocking. That was my reaction to the massive fraud admitted by Volkswagen recently. Stunning in its sheer size and reach; half a million cars in the United States and another ten and a half million globally. Yet not very surprising given the fact that use of mechanical and digital cheat devices has …

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