Regulation
New million-dollar donation from out-of-state oil company helps the attack on California’s climate change law
According to a story in today’s Los Angeles Times, a new $1 million cash infusion from Kansas-based oil company Koch Industries –the second-largest private company in the U.S. — is buoying the campaign in favor of Proposition 23, which would block implementation of California’s landmark law to limit greenhouse gas emissions. The company is owned by …
CONTINUE READINGEPA proposes fuel economy letter grade labels for cars
New labels proposed by the federal government would give new cars letter grades reflecting their fuel economy and greenhouse gas emissions. Electric cars and plug-in hybrids are expected to get the highest grades. The rule isn’t final yet; the public can comment and make suggestions on the label design. Most of us are familiar with …
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CONTINUE READINGCalifornia Clearing House on Scientific Review Panel
The California Report correspondent Amy Standen recently recounted the dismissal (or failure to reappoint, depending on your perspective) of a group of scientists from CalEPA’s Scientific Review Panel. Little explanation for the action were given, although Standen notes that John Froines, a professor in the UCLA School of Public Health, also chaired a committee that …
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CONTINUE READINGCalifornia legislature considers environmental bills
The California Legislature has several environmental and land use bills in front of it right now. Under state law, the legislature must act by August 31 in order to send any of these bills to the Governor for signature. Here’s a quick summary of the pending legislation, with some links for further info. (Current information …
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CONTINUE READINGNew NEPA procedures for offshore drilling
Cross-posted at CPRBlog. Today the White House Council on Environmental Quality issued a report on the NEPA analysis that preceded exploratory drilling at the ill-fated Macondo well in the Gulf of Mexico, together with recommendations for improving NEPA analysis in the future. According to CEQ, the Bureau of Ocean and Energy Management (successor to the …
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CONTINUE READINGA Beet Generation
On Friday, a federal judge revoked USDA’s approval of Roundup-ready sugar beets. Sugar beets are planted on ten million acres in ten states. The order was based on USDA’s failure to perform an environmental impact statement prior to the approval. Given that USDA’s raison d’etre is promoting agribusiness, it’s not surprising that environmental concerns are …
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CONTINUE READINGA Question on Agency Pre-emption of State Law
Dan, any reason to think that the powers that be will actually pay any attention to the ABA? As you know, the Bush Administration formally decided to ignore it regarding judicial appointments. On something like this, does the ABA have any status greater than your typical interest group? It would be interesting to see the …
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CONTINUE READINGAgency Preemption of State Law
Administrative agencies sometimes issue regulations that have the effect of overruling state law — and sometimes that is the sole effect of the regulation. This proved quite controversial during the Bush Administration, which used agency rulemaking efforts to cut back on state tort law. The ABA has a adopted a new resolution dealing with this …
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CONTINUE READINGJudge orders changes in ballot language for Proposition 23, which would suspend California’s greenhouse gas emissions law
Today, a judge ruled that the state must change the “title and summary” ballot language for Proposition 23, the oil-company-funded proposition that would suspend California’s landmark greenhouse gas emissions law AB 32. (My colleague Ann Carlson wrote about this initiative campaign earlier this summer.) Proposition 23 would render the law unenforceable until California’s unemployment rate …
CONTINUE READINGThree New Perspectives on Environmental Issues
Three recent books provide fresh and interesting perspectives on environmental law. The authors all graduated from law school in the past twenty years, and they all have most of their careers ahead of them. All of this augurs well for the future of environmental scholarship. The first book is Doug Kysar’s Regulating from Nowhere. Kysar …
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