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Environmental Impacts of Fracking: Three Layers of the Onion

This summer, The Emmett Center at UCLA jointly sponsored with the Union of Concerned Scientists a two-day workshop on unconventional oil and gas production technologies, aka fracking:  two days of expert working groups on science and risk assessment, law and regulation, and public information and engagement, followed by a public forum.  The public forum was …

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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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Why 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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Can 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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Environmental 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!  

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Shark 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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Climate 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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More 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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Feds 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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