Pollution & Health
California Adopts Landmark Cap-and-Trade Program
Defying the trend in the rest of the country to ignore the perils of climate change, the California Air Resources Board voted today to establish the country’s first economy-wide cap-and-trade program covering greenhouse gas emissions. The vote comes five years after the state passed sweeping legislation — AB 32 — to roll California’s carbon emissions …
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CONTINUE READINGWhen We Found the Right Words
It’s hard to talk about something if you don’t have the right words to designate it easily. So it’s interesting to look for the first appearance for some of the key words in the legal literature. Presumably, this words were in non-legal use a bit earlier, but their first use in law reviews tells us …
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CONTINUE READINGTwo tales of environmental ignorance
Citizens in Tokyo have discovered patches of radiation that are comparable to some of the evacuated areas near Chernobyl, radiation that presumably came from the recent nuclear power plant accident. The EPA has recently reported that the number of waterways in California that exceed water quality standards are 170 percent higher today than in 2006. …
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CONTINUE READINGWhen Did “GOP” Start to Mean “Grand Old Polluters”?
I’m old enough to remember a time when environmental protection and public health were bipartisan values. Even in the Reagan Administration, there were positive steps such as Reagan’s support for the international ozone treaty. As late as 1990, Republicans in the White House and Congress supported major new air pollution legislation. Even George W. Bush …
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CONTINUE READINGPaper or plastic, tax or not? Prop 26 challenge to LA County’s plastic bag ban
Wonder how broadly California’s Proposition 26 will be held to sweep? A case filed this week is likely to be an early indicator. Many municipalities have recently placed limits on plastic bags. Last year, LA County went further, banning certain stores from giving out single-use plastic bags or non-recyclable paper bags at checkout, and requiring …
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CONTINUE READINGSupreme Court Looking Hard at Litigation Challenge to CARB Marine Fuel Regulations
The U.S. Supreme Court today asked the Solicitor General for his views as to whether the Court should hear and decide a controversial case from California challenging the California Air Resources Board’s authority to regulate ocean shipping. The specific CARB regulations at issue require marine vessels operating in state waters and ports to use …
CONTINUE READINGApple’s China Problem
There has been an interesting confluence of stories in the press about Apple as the release of iPhone 5 approaches this week. The New York Times recently ran a story, entitled “You Love Your iPhone, Literally,” about how test subjects looking at sounds and images of the iPhone exhibited heightened activity in the parts of …
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CONTINUE READINGCalifornia Sup Ct Lets California Continue Its Cap and Trade Work
The California Supreme Court issued an order today that allows the California Air Resources Board (CARB) to continue implementing its cap and trade program. The history here is somewhat convoluted. The state’s plan (called the scoping plan) to implement the California Global Warming Solutions Act contains within it a cap and trade program. A group of environmental justice …
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CONTINUE READINGAccounting for The Harm of Coal
Much of the effort to rollback current EPA regulations focuses on coal-fired electrical power plants. An article in the August issues of the American Economic Review sheds light on the issues at stake. “Environmental Accounting for Pollution in the United States Economy” is an effort to assess the damages caused by various polluting activities. The …
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CONTINUE READINGA Setback for Clean Ports
Hot off the presses, the Ninth Circuit has partially reversed Judge Christina Snyder’s order in American Trucking Ass’n v. City of Los Angeles, an important environment-labor-pre-emption case that I blogged about a little more than one year ago. The case concerns the Port of Los Angeles’ “Clean Ports” program, which, among other things mandates a …
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