Regulation
NEPA: middle-aged, but still vigorous
The National Environmental Policy Act, which became law on January 1, 1970, is the oldest of the major federal environmental laws. It has been a model for environmental assessment laws in numerous states and other nations, but it still comes in for a lot of criticism at home. Some criticisms are surely justified. As Dan …
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CONTINUE READINGSection 7 status quo reinstated
Last week, Interior Secretary Salazar and Commerce Secretary Locke issued a press release announcing that they were withdrawing the Bush administration’s midnight rules relaxing the ESA section 7 consultation requirements. (Background on the Bush rules is here, here, and here.) The notice formalizing that decision has now been published in the Federal Register. As Congress …
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CONTINUE READINGNew and Noteworthy from the Ecology Law Quarterly
The latest issue of ELQ — full content available free here — is centered on two broad themes: 1) learning from other states, countries and international experiences and 2) the failures of administrative law as an environmental management tool. The issue includes the following articles: * The Transformation of Modern Administrative Law: Changing Administrations and …
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CONTINUE READINGAnother Batch of Free On-Line Classes
In case, the headline is misleading: no, we don’t give credit to on-line viewers. Maybe someday soon Berkeley Law will get into the distance education business, but not yet. So you won’t get credit, but you’ll still learn a lot. Law 271.71 – International Environmental Law – Cymie Payne (Spring 2009): http://webcast.berkeley.edu/course_details_new.php?seriesid=2009-B-49982|2009-B-49985&semesterid=2009-B Law 272.1 – …
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CONTINUE READINGJustice Souter and the Environment
The news that Justice Souter is leaving the Supreme Court probably means little for environmental cases. Souter has been a reliable environmental vote, joining the majority in Massachusetts v. EPA, the Court’s only case on climate change. He dissented with the liberal wing in Rapanos v. United States , the convoluted decision about the extent to …
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CONTINUE READINGNew life for new source review
The Obama Administration is beyond its 100th day, but still busy on the environmental front undoing the work of its predecessor. One thing that means at EPA is breathing life back into the Clean Air Act’s New Source Review program, which the Bush Administration had been busily trying to write out of existence. In the …
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CONTINUE READINGCalifornia’s Low Carbon Fuel Standard–& a Paean to Applied Scholarship
Jonathan Zasloff has previously written about the California Air Resources Board’s pioneering decision last week to mandate carbon-based reductions in state transportation fuels. These regulations, known as California’s Low Carbon Fuel Standard (LCFS), are the first of their kind in the United States. More importantly, the LCFS is an integral part of CARB’s ambitious plan …
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CONTINUE READINGRuling by Justice Scalia Makes it Easier to Repeal Bush-Era Rules
Ironically, an opinion by Justice Scalia will indirectly help the Obama Administration repeal Bush-era environmental rules.
CONTINUE READINGThe fat lady is warming up — make that singing
UPDATE 4/28: The Secretaries of Interior and Commerce have announced that they are revoking the Bush administration’s midnight rule on ESA section 7 consultation. They apparently are not revoking the special rule on the polar bear (as they were also authorized to do under the omnibus spending bill). We will have more when the formal …
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CONTINUE READINGPutting a Price on Carbon: Is It Needed? Is It Enough?
The bottom line seems to be that we need to get the price of carbon right — or as close to “right” as possible — but we need subsidies for R & D and we need direct regulation of the major categories of emitters.
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