Regulation

Justice 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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New 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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California’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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Ruling 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.

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The 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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Putting 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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More Free On-Line Courses

These classes are very popular with Berkeley students.  They’ve had thousands of downloads already. Law 270.7 – Renewable Energy & Alternative Fuels – Steve Weissman (Fall 2008): http://www.youtube.com/view_play_list?p=214AD3BA0B8D3FBA Law 270.6 – Energy Regulations and the Environment – Steve Weissman (Spring 2008): http://www.youtube.com/view_play_list?p=8256AD22B9C1CE53 Law 271 – Environmental Law and Policy – Holly Doremus (Spring 2008): http://www.youtube.com/view_play_list?p=4A26CE52D23C831D

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California Adopts Low-Carbon Fuel Standard

Good. The California Air Resources Board has adopted the nation’s first mandate to lower the carbon in fuel. As these things go, it’s pretty mild: a 10% reduction in carbon footprint by 2020. That hasn’t stopped the oil industry from complaining, of course, stating that CARB is “moving too fast.” When will it not be …

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Cars, Obama and Climate Change

There’s big news coming out of Washington and Detroit this week about the fate of U.S. automakers.  Rumors surfaced yesterday that G.M. will furlough its U.S. factories for most of the summer due to declines in auto sales.  And the Obama Treasury Department is said to be pressuring Chrysler to prepare for bankruptcy, to be filed as …

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Flexing Obama’s administrative muscle (& a victory on home furnaces)

Just after the election, the environmental group Earthjustice published a list of six easy things the Obama administration could do to help the environment.  On the list was the suggestion that Obama back off from defending Bush-era failures to ramp up the efficiency of home furnaces–a topic that sounds narrow but has remarkable implications for saving …

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