Pollution & Health
The Unintended Consequences of Rapanos
In the Rapanos case, building on its previous ruling in SWANCC, the Supreme Court cut back on federal jurisdiction over water bodies. The issue before it was the government’s power to control filling of isolated wetlands, and it seems clear that the Court was solely focused on what it considered an inappropriate expansion of federal …
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CONTINUE READINGGM Kills the Hummer
Yippee!! The environmental benefits of this move are clear, but it will also make the roads safer. Next up, SUVs? We can hope.
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 READINGKeeping Up With EPA’s Rulemaking Efforts
A new Web-based “dashboard” is now available on EPA’s Web site. Created by the Office of Policy, Economics, and Innovation, this site provides a transparent way to keep track of the agency’s priority rulemakings. It provides users with earlier and more targeted information as well as special filters that allow users to find rules and …
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CONTINUE READINGNew environmental dating site matches fossil fuel industry lobbyists, elected officials
I’ve never been involved in either of two trends that have exploded in recent years: internet dating, and lobbying of federal officials by fossil fuel-based energy-producing companies. But I just learned about a new website that links the two. The site, Polluter Harmony, says it “is the #1 matchmaking site for polluters, industry lobbyists, & politicians.” Although …
CONTINUE READINGThe California Supreme Court examines technology-based air quality emissions standards
The California Supreme Court granted review last week in a potentially important environmental case, National Paint and Coatings Association v. South Coast Air Quality Management District. The opinion of the Court of Appeal – certainly among the most colorfully-written appellate opinions I’ve ever read, and worth checking out for that reason alone – held that the …
CONTINUE READINGMassachusetts’ Special Election & the Prognosis for U.S. Climate Change Legislation
Colleague Jonathan Zasloff recently opined on this site that Scott Brown’s election to the open U.S. Senate seat from Massachusetts could actually be good news when it comes to prospects for passage of federal climate change legislation. Let me file a congenial dissent to Jonathan’s prediction, though one that–like his–contains some seeds of optimism. I …
CONTINUE READINGMapping EPA Enforcement
EPA has posted a new google map of its enforcement efforts. It’s pretty easy to use — for example, with a few clicks, I found a $117,000 fine against California Waste Solutions in Berkeley for a water pollution violation. Check it out, and learn what’s happening in your neighborhood.
CONTINUE READINGCEQA thresholds of significance for greenhouse gas emissions: a strange but good process
Way back in the old days, before 2006 and AB 32 (California’s landmark law limiting greenhouse gas emissions statewide), the California Environmental Quality Act (CEQA) was the critical tool to limit greenhouse gas emissions from projects around the state. CEQA is the law that requires state and local agencies to assess the significant environmental impacts …
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