General
CEQA reform turns into another special-interest exemption
Overall, this is a step back for CEQA reform.
Ethan recently noted the possibility of CEQA reform that might actually make sense: Reducing the focus on aesthetics and traffic in infill developments (which can result in worse environmental outcomes!), ongoing monitoring of impacts of projects after the CEQA process is completed, and providing some transparency in the CEQA litigation process. (Though I still think …
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CONTINUE READINGWhy coal cares about FERC
I’ve written before about how fossil fuel industries have a strong incentive to kill (or at least stop the rise of) renewable energy now, so that it doesn’t become a powerful political force. If renewable energy does become a strong enough political force, then there is a risk that it might provide support for ending …
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CONTINUE READINGCan Insurance Markets Handle Catastrophic Risks?
The Congressional Research Service has a new report on insurance for catastrophic risk. At least since Hurricane Katrina, there has been concern about whether the world’s insurance companies have the financial capacity to handle catastrophic risks. As usual, the CRS report contains a lot of useful information on the subject. It also highlights the need …
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CONTINUE READINGEnvironmental Economics Textbook Competition
For lawyers who value what environmental economists have to say, you have a broad selection of texts to choose from. Here are Amazon’s favorite environmental economics textbooks. Mine is the cheapest ($2) and the best one!
CONTINUE READINGShark Fins, Federal Preemption & the Ninth Circuit–An Update
Last week I wrote about an interesting, pending lawsuit involving a constitutional challenge to California’s recently-enacted ban on the sale, possession or trade of shark fins. Asian restauranteurs and cultural advocates who’d filed the lawsuit and failed in their earlier efforts to persuade the federal district court to enjoin the law appealed that ruling to the U.S. Court of Appeals for …
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CONTINUE READINGClimate change and insurance
I’ve made this point before, but here’s a challenge for “climate skeptics.” The insurance industry is a competitive, profit-oriented industry. They should have little room for believing in the hoax of climate change: After all, if they did, then a smarter competitor wouldn’t bet on climate change and would clean their clock. And yet, in …
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CONTINUE READINGMore on the Two-Year Law School
Today, Berkeley and a number of other law schools offer specialized courses and activities in the environmental area. For instance, this year at Berkeley, we’re offering Biodiversity Law, Energy Project Development & Finance Class, Environmental Justice, Environmental Law Writing Seminar, Environmental Law and Policy, Land Use Law, and the Law of Hazardous Waste, along with a field placement program. Students can also …
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CONTINUE READINGFeds Argue California’s Shark Fin Ban Is Preempted in Third-Party Litigation
In 2011, the State of California enacted a ban on the sale, possession and trade of shark fins. California’s ban follows similar laws passed by Hawaii, Washington and Oregon over the past few years. The legislation, codified as California Fish & Game Code sections 2021 and 2021.5, followed years of advocacy by marine conservation groups, …
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CONTINUE READINGMonitoring problems again
I’ve posted a lot on how important monitoring of environmental conditions is for environmental law, and how difficult it can be to do monitoring well. Here is another recent example from the news. After the Deepwater Horizon blowout, there was a lot of concern about how much oil was leaked into the Gulf of Mexico, …
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CONTINUE READINGFood safety in China, or is that rat meat in my lamb?
I posted a short piece at Chinafile.org last week on China’s food safety challenges. The occasion for the post was the arrest of 63 people in China for selling fake lamb meat made of rat, fox, and other meats. The “conversation” includes comments/responses from Isabel Hilton (ChinaDialogue.net), John Balzano (BU Law), Alexa Oleson (formerly of …
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