Pollution & Health
Anti-coal satire (with My First Inhaler) punks Peabody Energy
Peabody Energy — last seen on this blog as the real party in interest whose proposal to mine more coal on Indian land in Arizona had to go back to the drawing board because of this UCLA environmental law clinic case , and immortalized in the John Prine song “Paradise” — has been punked. (I’ve …
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CONTINUE READINGThe story of the Price-Anderson Act: how Congress made nuclear power financially viable in the U.S. by eliminating accountability for risk
Ever wonder how nuclear power plants have been able to get financial backing in the U.S. despite the huge, and largely uncertain, potential risks they pose? Or why there are nuclear plants within a few hours’ drive of major population centers such as Los Angeles and New York? Or who will pay the costs that …
CONTINUE READINGCan Six-year-olds Understand the Tragedy of the Commons?
Maybe not. But perhaps eight-year-olds can. Last Wednesday morning, I showed up for my weekly library volunteering at my daughter’s first grade class. School cutbacks meant that the librarian wasn’t there, so the teacher, another parent and I had to make do. The display was about Earth Day, since I had to find a book to read …
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CONTINUE READINGWhat Do Environmental Law Scholars Write About?
Some of our readers who aren’t in law schools probably wonder what environmental law professors actually do. (Some of our readers who are in law schools might be wondering the same thing!). I thought it might be helpful to provide a sample of recent scholarship. Here are recent lists of working papers from SSRN.com, which …
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CONTINUE READINGRemembering Rachel Carson
Earth Day seems an appropriate time to recall past leaders in environmental thought. Few have played a greater role in the development of U.S. environmental law than Rachel Carson (1907-1964), whose books did much to spark the environmental movement. It is good to hear that her books have been reprinted as ebooks by Open Road …
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CONTINUE READINGDamage Control for the States: Predicting the Outcome in AEP v. Connecticut
Yesterday I previewed Tuesday’s oral arguments in the U.S. Supreme Court’s American Electric Power v. Connecticut case, and two of my Legal Planet colleagues have already posted comments on certain aspects of those arguments. But let me cast discretion to the wind and predict the outcome of the case. Actually, it’s not that difficult a …
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CONTINUE READINGReading the Mary Nichols (carbon) tea leaves
It’s undoubtedly dangerous to try to read too much into short media quotes. But Mary Nichols, the chair of the California Air Resources Board, is in a better position than most to judge (and to influence) the political winds on the future of the State’s cap-and-trade program. Here’s her latest public statement on the issue, made during an appearance last …
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CONTINUE READINGPreviewing the Supreme Court Oral Arguments in AEP v. Connecticut
On Tuesday the U.S. Supreme Court hears oral arguments in the only environmental case on its docket this Term: American Electric Power v. Connecticut. At issue in this critically important climate change case is whether a coalition of states, New York City and several private land trusts can pursue a federal common law nuisance claim …
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CONTINUE READINGExplaining EPA’s Authority Under the Clean Air Act to Address Climate Change
In a new white paper by the Center for Progressive Reform (CPR), Amy Sinden and I try to clear up some misconceptions about climate change and the Clean Air Act. Critics of EPA maintain that the Clean Air Act is somehow an inappropriate tool to address greenhouse gas (GHG) emissions, and that EPA should be …
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CONTINUE READINGThe War Against State Environmental Protection
Although much of the attention has been on Congress, states have also seen major budget-cutting efforts, with a disproportionate amount of cuts targeted on state environmental agencies. As the NY Times reports, Governor LePage summed up the animus while defending his program in a radio address. “Maine’s working families and small businesses are endangered,” he …
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