Pollution & Health
Supreme Court Declares Juries Responsible for Assessing Criminal Fines in Environmental Enforcement Cases
The Supreme Court on Thursday handed down its third and final environmental law decision of its current Term. (The case, Southern Union v. United States, is also significant for being the first criminal environmental enforcement case in the Court’s history) In a 6-3 decision, the justices ruled that criminal penalties sought by federal prosecutors in …
CONTINUE READINGIn the Supreme Court’s Crosshairs: the Ninth Circuit’s Environmental Jurisprudence
All eyes will be on the U.S. Supreme Court this week, as the justices conclude their current Term and, among other things, issue their long-awaited decision(s) on the constitutionality of the newly-enacted federal healthcare law. But the Supreme Court also has some other, key decisions to make as to whether to take up four controversial environmental cases from …
CONTINUE READINGCalifornia Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction
Today, the California Court of Appeal rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan. EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32. Their primary …
CONTINUE READINGEmmett Center and NRDC Publish New Report on the Environmental, Energy, and Fiscal Benefits of Smart Roofs
My colleague and co-blogger Cara Horowitz has just published a new report on the potential benefits of adoption of “smart roofs” throughout Southern California. Looking Up: How Green Roofs and Cool Roofs Can Reduce Energy Use, Address Climate Change, and Protect Water Resources in Southern California, co-authored with UCLA Law alumnus Noah Garrison of NRDC, …
CONTINUE READINGHow to Turn a Forest Into a Desert
Anyone familiar with the Supreme Court’s landmark decision in Massachusetts v. EPA will also know Georgia v. Tennessee Copper, the landmark 1907 decision used by the Massachusetts court to hold that states have standing to challenge EPA’s failure to promulgate climate change regulations. Courtesy of the Journal of American History, I have discovered that there …
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CONTINUE READINGEJ Advocates Renew Efforts to Block Cap and Trade
There are weighty arguments against the EJ position. Even if EJ advocates remain unpersuaded, they should recognize that it is possible to disagree with their views in good faith.
CONTINUE READINGOut With the Old, In With the New
A recent GAO report pulls together a lot of information about electricity generators, which shows how much of our air pollution problems are due to aging plants: Older electricity generating units—those that began operating in or before 1978—provided 45 percent of electricity from fossil fuel units in 2010 but produced a disproportionate share of emissions, …
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CONTINUE READINGEnvironmental Protection and Conservative Values
Tom Friedman had an interesting column yeserday about conservatism and the environment. As he points out, the current wave of anti-environmentalism is out of line with Republican traditions: “Teddy Roosevelt bequeathed us national parks, Richard Nixon the Clean Air Act and the Environmental Protection Agency, Ronald Reagan the Montreal Protocol to protect the ozone layer …
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CONTINUE READINGWhy We Need Administrative Agencies like EPA
Bureaucrats aren’t very popular. But consider the alternatives when it comes to dealing with environmental problems. Basically, bureaucrats are part of the executive branch of government. For instance, the head of EPA is appointed by the President and can be removed by the President at any time. (A few agencies such as the SEC enjoy …
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CONTINUE READINGSome good (and bad) news on air pollution
The American Lung Association has issued its State of the Air 2012 report. The news is mostly good. Since 1990, aggregate emissions of common air pollutants in the US have fallen 60%, even as the economy, population, and vehicle miles traveled have increased. Short term, the vast majority of the nation’s most polluted cities enjoyed …
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