Pollution & Health
Getting the Lead Out
The Ninth Circuit tells EPA to determine safe levels for lead based solely on science.
Lead can cause neurological damage to young children and developing fetuses. The only really safe level is zero. Because poor children are the most likely to be exposed to this hazard, this is also a major environmental justice issue. The Trump EPA took the position that it could set a hazard level higher than zero …
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CONTINUE READINGCost-Benefit Analysis and the Biden EPA
The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.
In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. Last week, EPA rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA’s explanation for the rescission was …
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CONTINUE READINGGuest Contributors Clara Barnosky, Jane Sadler, Richard Yates, and Zachary Zimmerman: The Biden Administration’s First 100 Days of Reversing Environmental Rollbacks
An Early Analysis of Progress and Priorities in the Executive Branch
In the final months of the Trump presidency, we (a team of students working with U.C. Berkeley’s Center for Law, Energy and the Environment (CLEE)) compiled a database of over 200 environmental rollbacks enacted during the Trump administration. These rollbacks characterized the administration’s aggressive focus on deregulation of industry and disregard of protections for the …
CONTINUE READINGThe Ninth Circuit Makes EPA an Offer It Can’t Refuse
Regulate chlorpyrifos or else!
Chlorpyrifos is one of the most widely used pesticides in America, although it has been banned in the EU. Last week, the Ninth Circuit took the extraordinary step of ordering EPA pointblank to ban or reduce traces of chlorpyrifos in food. A dissenter accused the majority of misreading the statute in question and abusing its …
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CONTINUE READINGGuest Contributors Kelsey Manes & Ashley Sykora: State Should Clean Up Los Angeles Parkways Impacted by Exide Pollution
Communities for a Better Environment and UCLA Environmental Law Clinic Urge State Agency to Reevaluate Inequitable Cleanup Proposal
We are UCLA Law students enrolled in the Frank G. Wells Environmental Law Clinic, a class in which students work on behalf of community and environmental groups to help advance client goals through legal advocacy. This semester, we worked with Communities for a Better Environment, a community-based environmental justice organization that works in heavily polluted …
CONTINUE READINGDo regulators and utility managers have irreconcilable differences or mutual goals?
By Alida Cantor, Luke Sherman, Anita Milman, and Mike Kiparsky
Do regulators and utility managers have irreconcilable differences or mutual goals? By Alida Cantor, Luke Sherman, Anita Milman, and Mike Kiparsky. What do climate change, aging infrastructure, and urban population growth have in common? They all pose major challenges – especially for water infrastructure in the United States. And many utilities are having a …
CONTINUE READINGGuest Contributor Aimee Barnes: How the Biden Administration’s Environmental Justice Mapping Tool Can Identify and Target Benefits to Disadvantaged Communities
Lessons Learned From CalEnviroScreen
Just one week after his inauguration, President Joe Biden designated January 27 “Climate Day” at the White House and signed a number of executive orders, including one aimed to “secure environmental justice (EJ) and spur economic opportunity.” Under this executive order, President Biden took the first steps to make good on his campaign’s EJ commitments. …
CONTINUE READINGLegal Planeteer Ann Carlson Joins Biden Administration
UCLA Environmental Law Professor Named NHTSA General Counsel
President Joe Biden has appointed UCLA environmental law professor–and frequent Legal Planet contributor–Ann Carlson to serve as General Counsel of the National Highway and Traffic Safety Administration (NHTSA). NHTSA, part of the U.S. Department of Administration (USDOT), plays a key regulatory role in charting federal transportation policy. Professor Carlson has anchored UCLA School of Law’s …
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CONTINUE READINGThe Clean Air Act Turns Fifty
A half century of progress in cleaning up the air began New Year’s Eve 1970.
On December 31, 1970, President Richard M. Nixon signed the Clean Air Act. William Ruckelshaus and Russell Train, who later led the way in implementing the new law, stood by his side with beaming smiles. Nixon supported the basic features of the bill. But he had considered vetoing the final version because Senator Ed Muskie …
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CONTINUE READING40 Legal Scholars Urge EPA to Withdraw Proposed Ozone NAAQS
EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.
This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …
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