Politics
To the left is the famous cardigan worn by Jimmy Carter in the oval office, when he urged Americans to turn down their thermostats to save energy. In reality, the most important ways of saving energy (such as cogeneration by industry, better insulation, etc.) don’t involve any discomfort. It turned out that the American people …
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 READINGDirty Money Supporting Anti-AB 32 Initiative Causes Ted Costa to Withdraw Support
I predicted earlier that an initiative campaign to delay the implementation of AB 32 until the state’s unemployment rate falls dramatically would not qualify for the ballot. I made this prediction based on the lack of evidence of significant financial backing and the fact that the initiative appeared to be primarily the work of Ted Costa’s People’s …
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CONTINUE READINGCash for Transit
Jonathan proposes reinstating the vehicle license fee that Governor Schwarzenegger eliminated back in 2003. The repeal was highly successful in 1) getting Schwarzenegger elected governor and 2) contributing to the destruction of the state’s fiscal health. But even reinstating the fee is unlikely to help transit. With the state’s huge budget shortfall, that money would …
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CONTINUE READINGNew bill in Congress by Rockefeller (S. 3072) would delay regulation of GHGs under the Clean Air Act
As Cara and I have already discussed in detail, the Environmental Protection Agency has committed to delay the rollout of regulation of stationary sources of greenhouse gas emissions under the Clean Air Act, and to regulate only the very largest sources. This backtracking from EPA has been a response to efforts by Senator Lisa Murkowski …
CONTINUE READINGProperty Rules, Liability Rules, Patents, and Climate Change
I suggested a few weeks ago that India and the United States might try foster climate cooperation by having India agree to use climate-friendly technology and the United States asgree not to pursue any legal actions under the Trade-Related Aspects of Intellectual Property treaty. But of course there is a catch: at some point inventors …
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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 READINGIs EPA backtracking on Clean Air Act greenhouse gas regulation?
UPDATE: Cara discusses in this post some further developments that make the EPA’s plans more concrete, and concludes that the EPA is backtracking significantly from its proposed rule by delaying the timetable and by regulating fewer facilities. **** Last fall, our Environmental Protection Agency appeared to be on the verge of moving very quickly to …
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CONTINUE READINGThe trouble with Chinatown
Ann proposes Chinatown as the greatest environmental movie of all time. Now, Chinatown is my favorite movie: the poster above is currently hanging on my office wall. it is a great movie. But Chinatown can’t be a great environmental movie for one simple reason: It gets the environment wrong. The conceit of Chinatown is that a diabolical …
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CONTINUE READINGPesticides, Science and Politics
Those three can make for a toxic environment, literally and figuratively. Take the case of methyl iodide, a material so obviously toxic that scientists use it to induce cancer in laboratory experiments. Arysta LifeScience Corporation has obtained a federal pesticide registration from EPA for use as a fumigant, despite a letter from 50 scientists, including five …
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