Regulation
Environmental Property Rights (Part III)
An environmental property right (EPR) can be defined as an enforceable interest deriving from an environmental asset such as air quality or an undisturbed forest. EPRs are diverse and varied. Most EPRs are derived from statute rather than the common law, and many are of recent vintage. Some EPRs are marketable; others are not. Fundamentally, …
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CONTINUE READINGFHFA strangles PACE clean energy financing program
Yesterday, the Federal Housing Finance Administration, the agency that regulates bankrupt mortgage insurers Fannie Mae and Freddie Mac, issued a letter effectively destroying the promising energy efficiency and renewable energy financing program called Property Assessed Clean Energy (PACE). I blogged about Fannie and Freddie’s lender letters on the PACE program a few weeks ago. PACE …
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CONTINUE READINGEnvironmental Property Rights: Part II
The previous post in this series introduced the idea of environmental property rights. There are a surprising number of EPRs. A complete listing would include at least nine kinds of EPRs: In addition to the public trust doctrine and tradable permits (which were discussed in the first part of the series), here are seven more: …
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CONTINUE READINGMayor Villaraigosa Betrays Environmentalism AGAIN
A few days ago, I noted that Los Angeles Mayor Antonio Villaraigosa likes to talk a good game when it comes to Greening the city, but conveniently abandons plans when they become politically difficult or require anything like a normal attention span. I was more right than I thought. I mentioned that the Mayor had …
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CONTINUE READINGEnvironmental Property Rights: Part I
This is the first of a four part series on environmental property rights (EPRs). EPRs are property rights that are designed to help protect the environment. They are either rights to prevent environmental degradation or limited rights to impair the environment. A couple of examples may help explain the concept. 1. The Public Trust Doctrine. …
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CONTINUE READINGFumigants Take Center Stage in California
I wrote previously about the strange story of methyl iodide, a chemical purposely used by researchers to cause cancer in labs, being proposed for use as a fumigant for strawberry production in California. The New York Times recently covered a legislative hearing by the California Senate Food and Agriculture Committee in which the members of an external scientific review panel lambasted California …
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CONTINUE READINGToxic Chemicals (3)
This is the third (and for now, the last) in a series of posts on toxic chemicals. Like the earlier two, it addresses a recent paper on the subject, This one, by Vermont’s Martha Judy and RFF’s Katherine Probst, is about “Superfund at 30.” Superfund — more officially the Comprehensive Environmental Response, Compensation, and Clean-up …
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CONTINUE READINGMore on Today’s U.S. Supreme Court Property Rights Decision
As fellow Legal Plant contributor, Sean Hecht, reported earlier today, the U.S. Supreme Court decided the most important environmental law case on its current docket: Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection, No. 08-1151. The Court’s opinion can be found here. The issue in the Stop the Beach Renourishment case is …
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CONTINUE READINGToxic Chemicals (2)
This is the second of a series of three posts on toxic chemicals. On Monday, I discussed a recent paper that appraised the shortcomings of the Toxic Substances Control Act (TSCA). Today, I turn to a paper by David Adelman (University of Texas) proposing some reforms. First, Adelman suggests that the U.S. follow the EU …
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CONTINUE READINGWhat’s Really Wrong With TSCA?
As Dan Farber discussed in his recent post, David Markell ‘s recent paper on TSCA provides some really interesting history. John Applegate has some fascinating pieces on the history and future of TSCA as well–well worth the read also. I thought it was curious that Dan focused on cost-benefit barriers imposed by the courts as being the obstacle to effective risk regulation, …
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