Pollution & Health
BP spill lawsuit complaint and link to early analysis
Here’s the complaint in the newly-filed lawsuit the United States filed against BP today, which I summarized earlier in this post. And NRDC’s David Pettit has written an interesting blog post with some initial thoughts about timing and choice of defendants in the lawsuit.
CONTINUE READINGU.S. sues BP, eight other defendants for violations of Oil Pollution Act in Deepwater Horizon blowout
Eric Holder, the Attorney General of the United States, announced today that the U.S. Department of Justice has filed a lawsuit alleging that BP, Transocean, and seven other firms caused or contributed to the massive Deepwater Horizon oil spill earlier this year. The lawsuit seeks response costs, natural resource damages, and economic damages under the …
CONTINUE READINGThe Supreme Court and CERCLA
Following up on yesterday’s post, I thought it would be interesting to take a look at the trajectory of Supreme Court cases dealing with CERCLA liability. In the federal courts generally, CERCLA cases began slowly, with one in 1981 and 11 in 1982. The number of cases per year then built steadily until at peak …
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CONTINUE READINGThe (Somewhat Puzzling) Trajectory of CERCLA Litigation
The pattern of reported CERCLA opinions is puzzling — a steady rise until 1995, followed by a decline until 2002, followed by another rise through 2010. The explanation for the final period is unclear.
CONTINUE READINGHappy Birthday, CERCLA!
Thirty years ago today, Congress enacted the Comprehensive Environmental Response, Clean-up and Liability Act (a/k/a CERCLA or Superfund). CERCLA’s primary thrust is to create liability for cleanup of leaking waste disposal sites. The statute was Congress’s response to a number of high profile incidents, including the Love Canal debacle, that increased public awareness of the …
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CONTINUE READINGEPA’s crime on its 40th birthday? Having accomplished too much
EPA head Lisa Jackson waded into hostile territory yesterday with a Wall St Journal editorial defending the agency and its work. It’s EPA’s fortieth birthday, and she uses the occasion to acknowledge forthrightly that “[w]e reach this milestone exactly one month after the midterm elections strengthened the influence of groups and individuals who threaten to roll back …
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CONTINUE READINGBottles and cans, bisphenol-A, and chemical regulation
The online magazine Yale Environment 360 has published an informative and rather frightening interview with Frederick vom Saal, a biologist at the University of Missouri’s Endocrine Disruptors Group, about bisphenol-A and what he sees as a completely broken regulatory system for managing hazards from chemicals. Elizabeth Kolbert, known recently for her stellar journalism in the New …
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CONTINUE READINGEmpty Plates
Many of us will have plenty of food on the table tomorrow. Indeed, many of us will eat more than is really good for us. But the U.N. reports that the global food situation is quite different, as explained by the NY Times: Global grain production will tumble by 63 million metric tons this year, …
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CONTINUE READINGBP Deep Water Horizon Oil Commission Takes on All Sides
The Presidential BP Deepwater Horizon Oil Spill and Offshore Drilling Commission released two new reports yesterday, on the effort to stop the spill and anotheron whether response and clean up technology has kept pace with technology developments for exploration. The reports continue a really impressive pattern emerging from the Commission: taking on hard questions, devoting …
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CONTINUE READINGCalifornia Cap-and-Trade Math
In late October, California Air Resources Board (CARB) released their draft regulations for cap-and-trade under AB 32. I looked at CARB’s proposed allocations: the cap, the offset percentage, the reserve percentage and the projected emissions level. Running the numbers allows a few general observations: If covered emitters take full advantage of the 8% allowed offsets, …
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