Land Use
New court ruling requires City, Wal-Mart to re-analyze GHG impacts of development and consider a more climate-friendly alternative
Under the California Environmental Quality Act (CEQA), local governments and state agencies in California must analyze the environmental impacts of any permit to approve a new development project, and must identify and promise to implement mitigation to the extent feasible, before approving the project. Over the last two years, it has become clear that climate …
CONTINUE READINGEnvironmental Hypocrisy
Recently, CBS’s 60 Minutes ran a story on the current environmental damages litigation 30,000 Ecuadorians are bringing in that country’s courts against Chevron. The case arises out the toxic oil wastes a Chevron subsidiary left behind in the Ecuadorian rain forest following decades of oil production deep in the headwaters of the Amazon. The plaintiffs, …
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CONTINUE READINGWildfires Cause Climate Change, Climate Change Causes Wildfires
An obvious question about the raging wildfire in Santa Barbara is whether climate change is the cause. While it’s impossible to blame any individual fire on increasing temperatures, we know that climate change is responsible for more frequent and more intense wildfires in the southwest. But less obvious and at least as troubling is that …
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CONTINUE READINGA Supreme Court Speed-Bump for Coeur Alaska
With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …
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CONTINUE READINGSharing the Burden of New Transmission Lines to The Sun and the Wind
The sense of urgency for building new electric transmission lines to transport large quantities of solar and wind power has spurred a national debate about the proper role for the federal government and the states in siting those lines. Although land use decisions such as these usually reside in the states, many worry that states …
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CONTINUE READING“Nature,” not nature, makes us happier
Yale professor of psychology Paul Bloom published an essay this week in the New York Times Magazine arguing that the pleasure that “real natural habitats” provide to humans is a significant argument for “preservation” of these habitats. The essay was deeply unsatisfying to me, as it avoided all the hard questions that anyone grappling with the …
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CONTINUE READINGHUD and DOT, sitting in a tree…
The two federal agencies that should go together like peas and carrots are finally making moves. The U.S. Department of Housing and Urban Development (HUD) and the Department of Transportation (DOT) announced a new joint task force to identify strategies to link affordable housing with transportation and to create sustainable communities. The task force will …
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CONTINUE READINGThe US Chamber of Commerce on Carbon Regulation: Sub-zero stupid
Holly referenced the Chamber of Commerce’s hysterical claim that regulating carbon dioxide would stop all the infrastructure projects in the stimulus. Not only is that not true, but it might in fact be exactly the opposite. The reason is pretty straightforward: to the extent that the government places caps on carbon dioxide, such a policy …
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CONTINUE READINGWALL-E World
For those of us who don’t live in or visit heavily-foreclosed neighborhoods, we often read the statistics without understanding the physical reality. But environmentally-speaking, many neighborhoods in this country have essentially become ghost-towns. So what do we do with these abandoned properties? Well, for some enterprising bobcats, these now-empty McMansions represent some low-cost lodging (photo …
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CONTINUE READINGAn Invitation to Explore the Connections Between Constitutional & Environmental Law
These days, more and more of the most important environmental law disputes arise in the crucible of constitutional law. Preemption, the Dormant Commerce Clause, the foreign powers doctrine, constitutional principles of standing to sue and the separation of powers doctrine are all doctrines of constitutional law that have been invoked in much of the most …
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