Litigation
DC Circuit upholds air pollution standards for lead
The Legal Planet team has been so busy fretting over the Gulf oil spill (not to mention getting our grading done) that we’ve skipped over some important environmental law developments. Here’s one. In May, the US Court of Appeals for the DC Circuit, upheld EPA’s National Ambient Air Quality Standards (NAAQS) for lead against an …
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CONTINUE READINGComer craziness: Appellate nuisance victory overturned, despite lack of quorum (!)
Question: If an 3-judge panel on an appellate court unanimously reverses a D Ct opinion, and the full Circuit lacks a quorum to reconsider the substance of that appellate panel decision, what happens? If you answered “the appellate panel decision survives,” you’d be supported by a certain (which is to say, all) logic — but …
CONTINUE READINGWhat We Know About Kagan and the Environment
Basically, the answer is “nothing.” Nada. Zip. I thought about leaving the body of this post blank in order to communicate that, but I figured that would simply look like I’d pushed the “publish” button by mistake. Anyway, it’s not quite true that we know nothing at all. Actually, there are a few tiny straws …
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CONTINUE READINGDeepwater Horizon and the Dark Side of the Stevens Legacy
If John Paul Stevens was the architect of modern environmental law, the Deepwater Horizon disaster shows the effects of one of his worst building projects.
CONTINUE READINGSay goodbye to the mothball fleet
Settling litigation brought by environmental groups and later joined by state officials, the US Maritime Administration has agreed to remove the mothball fleet (also known as the ghost fleet) from Suisun Bay near San Francisco. The fleet consists of 52 obsolete warships that have been stored in the Bay for decades with little or no …
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CONTINUE READINGOns Small Step for Insurers: New Insurance Product for Nanomaterials
Someone has taken the leap in the insurance industry. Financial.com reported today that Lexington Insurance Company is offering LexNanoShield, a product overing “liability coverage that provides protection for general liability, product liability, product pollution legal liability and product recall liability exposures.” The coverage, on a claims made basis, is available to nano manufacturers and users. Coverage …
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CONTINUE READINGDelta 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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