Litigation
Delta NRC committee issues initial report
The National Research Council’s Committee on Sustainable Water and Environmental Management in the California Bay-Delta released its first report this morning (also available through the National Academies Press web site, with registration). On a quick review of the summary, the conclusions are unsurprising — the Committee finds that the provisions of the Biological Opinions for …
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CONTINUE READINGU.S. Chamber of Commerce adopts “grassroots” organizing tactic, redoubles attacks on climate science and law
The Los Angeles Times reported last week that the U.S. Chamber of Commerce – a significant and strident voice in opposition to anything that our government might possibly do to reduce greenhouse gas emissions – is using its considerable financial resources to dramatically increase its constituent base through “grass-roots organizing,” and that its influence is …
CONTINUE READINGSettlement marks a step forward on ocean acidification*
Cross-posted at CPRBlog. As Cara and Dan have explained, ocean acidification is the other big climate change problem. As atmospheric CO2 levels rise, more CO2 dissolves in the oceans. That in turn increases ocean acidity, which changes the ecology of the seas, most obviously by reducing the ability of corals and a variety of other …
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CONTINUE READINGEnforcement Pushback–Making It Personal
The Philadelphia Inquirer reports that enforcement staff and managers (including the regional office director and an enforcement attorney) in Pennsylvania’s Department of Environmental Protection (DEP) were held personally liable for 6.5 million in damages relating to a series of enforcement actions against one company. MFS Inc., a manufacturer of industrial insulation and ceiling tiles, alleged that the four …
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CONTINUE READINGUCLA Clinic persuades federal Administrative Law Judge to vacate approval of new coal mining permit on Indian land in Arizona
I have some exciting news I can’t resist sharing: UCLA’s Frank G. Wells Environmental Law Clinic won a major administrative case last month, which is now final now that the time for appeal has run. All twelve of our clinic students spent a significant chunk of this fall working on it, along with me and …
CONTINUE READINGLining up for endangerment litigation
February 16 marked the deadline to challenge EPA’s finding that greenhouse gas emissions endanger public health and welfare in federal court. According to BNA’s Environment Reporter, 16 such challenges were filed. The earliest seems to have come from an entity called the “Coalition for Responsible Regulation,” joined by mining and livestock interests (hat tip to …
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CONTINUE READINGThe Delta: pumps, politics, and (fish) populations
Cross-posted at CPRBlog The past couple of weeks have been crazier than usual on the Bay-Delta. The pumps were first ramped up and then ramped down. Senator Dianne Feinstein (D-CA) pandered to the irrigation crowd (or at least a part of it) by proposing to ease endangered species protections in the Delta. And the fall-run …
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CONTINUE READINGSingin’ the California Delta Blues (Muddy Waters Ahead?)
But there really is a California Delta, and it’s vitally important to the state’s water supply. It also raises major environmental issues. The struggle to manage the Delta has also given rise to one of the most ambitious experiments in collaborative governance anywhere — an experiment that had some successes but ultimately seemed to hit a brick wall.
CONTINUE READINGNever Underestimate California’s Idiocy
Ann thinks the neanderthals attempting to repeal AB 32 won’t get the signatures to put the thing on the ballot. I hope she’s right, but given my general pessimism, I’d be willing to bet otherwise. Climate change regulation is like catnip to the Teabagger set. It is a vast left-wing conspiracy to destroy capitalism and …
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CONTINUE READINGSupreme Court takes another NEPA remedies case
The U.S. Supreme Court has granted review of the Ninth Circuit’s decision in Monsanto Co. v. Geertson Seed Farms. The grant is pretty clearly a follow-up to Winter v. NRDC, the sonar case from last term, in which the Court reversed an injunction the Ninth Circuit had imposed limiting the use of mid-frequency active sonar …
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