Regulation
The Long Environmental Shadow of Palsgraf
Palsgraf is a case known to every American law student. It involves a bizarre accident: a train employee negligently caused a passenger to drop his bag, which contained fireworks, which went off, which caused freight scales at the other end of the platform to fall over, which hit Mrs. Palsgraf and caused her emotional distress. …
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CONTINUE READINGPolar bears, wolves, and Obama’s Interior Department
Environmentalists have been absolutely thrilled with the EPA under the leadership of President Obama and Administrator Lisa Jackson. The Department of Interior under Secretary Ken Salazar has drawn more mixed reviews so far. (Dan Tarlock and I wrote about the first 100 days at Interior on the Center for Progressive Reform blog.) Recent news out …
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CONTINUE READINGPublic Policy is Spurring Enormous Growth in the Windpower Industry – Don’t Stop Now
Worldwatch Institute reports that windpower capacity worldwide increased by 27,051 megawatts in 2008, bringing total installed capacity over 120,000 megawatts. The United States showed the greatest growth, adding 8,358 megawatts to make a current total of 25,170 megawatts. That’s a 50% increase in one year! The contribution that the U.S. windpower makes to overall domestic …
CONTINUE READINGWhy won’t Arnold back smog checks for motorcycles?
This is a law blog, so call this post Easy Rider v. Planet Saver. The California legislature is considering a bill (SB 435, sponsored by Sen. Fran Pavley of the clean-car “Pavley Regs” fame) requiring motorcyles to undergo bienniel smog checks, just like cars and trucks do. The bill would take aim at a significant remaining source …
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CONTINUE READINGChemical Policy and Homeland Security Redux
The Bureau of National Affairs reported recently that the House Homeland Security Committee is considering draft legislation that would require major chemical facilities to evaluate the use of inherently safer design to reduce chemical security risks. Generally speaking, inherently safer design attempts to reduce risks associated with the storage and use of hazardous chemicals by …
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CONTINUE READINGA Supreme Court Speed-Bump for Coeur Alaska
With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …
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CONTINUE READINGNEPA: 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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