Regulation
Proposed Order on Floodplain Development
The White House is considering a new executive order to limit floodplain development. The proposal covers roughly the same federal licensing, project, and funding decisions as NEPA. The heart of the proposal is section 4, which unlike NEPA imposes a substantive requirement (preventing or mitigating floodplain development.) The proposed language is after the jump. This …
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CONTINUE READINGEnvironmental Economics at EPA
EPA’s Science Advisory Board is considering feedback to EPA’s 2008 draft guidelines on economic analysis. The preliminary SAB draft makes a number of interesting points: EPA needs to recongize that it’s discretion is limited: “only the legislative branch has the power to tax, subsidize, or assign liability, and both the Clean Water Act and the …
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CONTINUE READINGTime for mining law reform?
Hardrock mining (as opposed to oil and gas drilling) on federal land is a topic that rarely hits the national news. And there are plenty of other high-profile items on the agenda in DC at the moment, like health care reform and climate legislation. So I was a bit surprised, but pleased, to see this …
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CONTINUE READINGDeputy Director Named for CEQ
The White House has announced that Gary S. Guzy, former general counsel and counselor to the administrator of EPA during the Clinton administration and previously a senior attorney in DOJ’s environmental division, will be named deputy director of the Council on Environmental Quality. Guzy has also been a partner at Foley Hoag, a consultant to …
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CONTINUE READINGA Silver Lining to the Supreme Court Term for Environmentalists?
In assessing the environmental train wreck that was the just-concluded Supreme Court Term, the question arises: is there anything from that Term from which environmental interests can take comfort? The answer is at least a qualified “yes.” Somewhat lost in the attention focused on the justices’ five major environmental decisions–all of them clear defeats for …
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CONTINUE READINGCap and trade: it’s never worked, so let’s try it on a massive scale
Why exactly do people believe that cap-and-trade is going to be effective in reducing greenhouse gas emissions? Let’s face it: cap and trade is a nice idea that simply doesn’t work in practice. The one success story that proponents have held up was the successful effort to control acid rain. However, that program involved a …
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CONTINUE READINGNational Conversation Starts on Public Health and Chemical Exposure
The CDC’s National Center for Environmental Health and the Agency for Toxic Substances and Disease Registry recently kicked off their National Conversation on Public Health and Chemical Exposure with a day-long meeting on June 26, 2009 in Washington, DC. The National Conversation is a stakeholder and public involvement initiative intended to develop an action agenda …
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CONTINUE READINGNAFTA gold mining opinion upholding California environmental regulation issued by arbitration tribunal
As I previously discussed in detail in this post, a NAFTA arbitration tribunal recently decided a closely-watched case in a way that will further environmental protection. The panel’s 355-page opinion in the Glamis Gold case has been made public: here it is. The panel decided in favor of California’s right to regulate in-state mining by foreign …
CONTINUE READINGArmy Corps finds environmental humor unfunny: Conan O’Brien and Los Angeles River navigability
As Holly has mentioned, last month, Conan O’Brien made humor out of the navigability of the Los Angeles River by attempting to canoe down it. Holly’s post describes the legal controversy over the “traditional navigable waters” determination for the L.A. River, an appeal of which is still pending. (I note that there’s a small …
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