Oceans
Semi-good news from the Gulf Coast
NOAA this week released the latest survey of the “dead zone” just off the Gulf Coast. The dead zone results from fertilizer pollution brought down from midwest farms and cities by the Mississippi River. That nutrient influx fuels phytoplankton blooms. The subsequent decomposition of dead plankton consumes oxygen, leaving the levels of dissolved oxygen in …
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CONTINUE READINGNo drilling for dollars this year
Earlier this week, Cara noted that the tentative state budget agreement struck between California Gov. Schwarzenegger and legislative leaders included permission for new oil drilling in the state’s waters off Santa Barbara, despite the fact that the State Lands Commission, the body responsible for issuing oil leases, had rejected the proposal in January. Cara also …
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CONTINUE READINGNew California offshore drilling part of budget deal?
Lost in the swirl of reports on what may, or may not, be part of the California budget deal legislators appear to be closing in on is this detail, reported by the AP: Aides to the governor and Legislature spent their weekend rushing to work out legislative language that could resolve the remaining issues. . …
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CONTINUE READINGBirthing Respect
I was a whale lawyer for years (or, more correctly, a lawyer for people working to protect whales and their habitat). I therefore can’t resist the urge to link to this terrific piece in the NY Times magazine on the developing relationship between gray whales and their human fans in Laguna San Ignacio, one of the few remaining gray …
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CONTINUE READINGFor once, regulation precedes crisis
Often government doesn’t notice, or at least isn’t sufficiently motivated to respond to, the need for regulation until after something goes badly wrong (witness the financial market meltdown). But this week the National Marine Fisheries Service got ahead of the curve. On Monday, NMFS finalized a rule prohibiting all fishing for krill, the non-charismatic but …
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CONTINUE READINGEdith Jones Declares War on America’s Coastline
Edith Jones, the 5th Circuit Chief Judge who makes wingnuts swoon, is at it again, this time in Severance v. Patterson, a Takings test case brought by the Pacific Legal Foundation. For environmentalists, Severance is also a test case in who is going to have to pay for coastal damage from climate change. Edith Jones …
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CONTINUE READINGAn Invitation to Review the Supreme Court’s Environmental Record
This has been a blockbuster year in the U.S. Supreme Court for environmental law and policy. In the Term that concludes this month, the justices have decided five major environmental cases, involving many of the nation’s most important environmental laws. Berkeley Law’s Center for Law, Energy & the Environment (CLEE), one of the sponsors of …
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CONTINUE READINGFisheries governance and sustainability
An interesting new paper by a group at Dalhousie University compares several key aspects of fisheries management with a measure of the probability that fisheries are sustainable. The authors conclude that “policy transparency” is more strongly related to sustainability than scientific robustness, implementation capability, or the extent of subsidies, overcapacity, and foreign fishing. The measure …
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CONTINUE READINGThe end of the Exxon Valdez legal saga?
Rick earlier posted about the 20th anniversary of the Exxon Valdez oil spill. This week, the Ninth Circuit may finally have brought the litigation that followed that spill to a close. You may recall that last year the U.S. Supreme Court heard Exxon’s challenge to the punitive damages award against it, which had been set …
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CONTINUE READINGNational ocean policy under construction
President Obama today proclaimed June 2009 to be National Oceans Month, a time to “celebrate these vast spaces and the myriad ways they sustain life.” The proclamation calls on “all Americans to learn more about the oceans and what can be done to conserve them.” Beyond that symbolic move, Obama took an important step toward …
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