Regulation
Small Steps on Nanosilver
Regulation often develops through accretion rather than bold paradigm shifts, at least in its nascent stages. Nanotechnology appears to be no exception. In mid-September, the agency announced an upcoming meeting of the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) focused on the use of nanoscale silver and other nanomaterials in pesticides. …
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CONTINUE READINGIt’s the Enforcement, Stupid!
We rightly celebrate large legislative environmental victories like the passage of the Clean Air Act, the Endangered Species Act and the National Environmental Policy Act. Europeans, too, are proud of accomplishments such as the establishment of the European Union Emission Trading System to address greenhouse gas emissions through cap and trade and the passage of sweeping legislation, …
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CONTINUE READINGDelivering on Reform?
It seems that TSCA reform is heating up for this and next year, but the form it will ultimately take is still quite hazy. Senator Lautenberg and Representatives Waxman and Solis introduced the Kid Safe Chemical Act (KSCA) twice before, and the Senator is about to take a third swing at it very soon. In …
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CONTINUE READINGClimate Change Lesson #2: Watch Out for Those “Unknown Unknowns”
This is the second in a short series of homilies on the lessons we can learn from climate change. Donald Rumsfeld famously distinguished between knowns, known unknowns, and unknown unknowns. He didn’t take the occasion to provide sharp analytical distinctions, but the difference between known unknowns and unknown unknowns is very much like a difference …
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CONTINUE READINGDavid Nawi Appointed to High-Ranking USDOI Post
U.S. Secretary of the Interior Ken Salazar has named a respected California environmental lawyer to serve in a key, newly-created Department of Interior post. Salazar appointed David Nawi as his Senior Advisor to the Secretary for California and Nevada. In his announcement selecting Nawi, Secretary Salazar stated, “The current water crisis and land management challenges …
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CONTINUE READINGMeg Whitman Would Suspend AB 32
In a rather stunning and little-noticed op ed last week, California GOP gubernetorial candidate Meg Whitman — former CEO of EBay – called on Governor Arnold Schwarzenegger to suspend the implementation of AB 32. Her rationale? To create jobs in California. AB 32, also known as the Global Warming Solutions Act, cuts California’s greenhouse gas emissions …
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CONTINUE READINGOld MacDonald Had a Farm . . .
But unfortunately, the farm wasn’t as bucolic as you might imagine, as the NY Times reports: Agricultural runoff is the single largest source of water pollution in the nation’s rivers and streams, according to the E.P.A. An estimated 19.5 million Americans fall ill each year from waterborne parasites, viruses or bacteria, including those stemming from …
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CONTINUE READINGThe new and improved EPA
Since I’ve suggested elsewhere on this blog that EPA might not yet have achieved full vertebrate status with respect to mountaintop removal mining, I should acknowledge some of the positive steps the agency has taken recently. Three examples: EPA and the Department of Transportation jointly proposed new fuel efficiency/greenhouse gas emission standards for cars and …
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CONTINUE READINGEPA (indirectly) wins a turf war
Think the executive branch is one big happy family under the benevolent direction of (any) president? Think again. Power struggles over turf and substantive outcomes are frequent, and success in those struggles depends on a lot more than just who has the ear of the president at the moment. Sometimes it takes litigation, which has …
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CONTINUE READINGHerein of Regulatory “Czars”
Some conservatives like Glenn Beck are now raising alarms about the power of “czars” within the Obama White House. Although the rhetoric is ridiculous, there is a serious question here. A long-term trend has been for Presidents to exert more centralized control over the bureaucracy, and as a practical matter that control has to be …
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