Regulation

The Tricky Problem of Cumulative Exposures

A new UCLA report finds reason to be concerned about cumulative risk, and notes that under CA law regulators are required to act

We are all exposed to hundreds, if not thousands of chemicals through consumer products, air pollution, drinking water, and occupational exposures, just to name a few.  Yet chemicals and pollutants are largely assessed and regulated individually.  Increasingly, environmental health professionals have been attempting to grapple with assessing the risk of exposure to multiple chemicals. New …

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Justice Scalia and Environmental Law

Scalia’s decisions were almost unremittingly anti-environmental.

Over the past three decades, Justice Scalia did much to shape environmental law, nearly always in a conservative direction.  Because of the importance of his rulings, environmental lawyers and scholars are all familiar with his work.  But for the benefit of others, I thought it might be helpful to summarize his major environmental decisions.  The …

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Reflections on the Coastal Commission’s Implosion

The Implications of the Decision to Fire Charles Lester – and the Decision Not to Explain It

As Rick Frank insightfully discussed earlier this week, the California Coastal Commission has fired its former executive director, Charles Lester. Readers interested in more background information and analysis should read Rick’s post, as well as the excellent reporting by Tony Barboza and others from the LA Times. (And anyone who wants to hear about it …

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California Coastal Commissioners Fire Executive Director Charles Lester

Personnel Dispute is Commission’s Biggest Political Controversy in Over a Decade

Following months of public controversy and a marathon 10 1/2 hour hearing Wednesday in Morro Bay, a closely-divided California Coastal Commission voted to fire its Executive Director, Charles Lester.  The Commission vote to remove Lester was 7-5. Lester, who as Executive Director has led the Commission staff for the past 4 1/2 years, is the …

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Lessons from Aliso Canyon, Part I

Regulation of the Oil and Gas Sector

Since October 23, 2015, a leak in a natural gas well has been releasing methane gas near the Porter Ranch neighborhood of Los Angeles. Although methane is invisible and odorless, gas companies add odorants to alert people to leaks, and it is these additives, usually mercaptans, that experts believe are causing the physical effects suffered by …

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The Future of the Diablo Canyon Nuclear Plant

A group of scientists, philanthropists, and self-identified conservationists weighs in.

The role that nuclear power could or should play in helping to mitigate greenhouse gas emissions is worthy of serious debate, but the latest nuclear-related front-page story in the San Francisco Chronicle is a head-scratcher. Above the fold, the headline reads “Nuclear plant’s surprise backers,” followed by the following subheading: “Environmentalists push for Diablo Canyon …

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EPA Wins the First Round in Clean Power Plan Litigation

…But this is just the beginning—and the Supreme Court will have a say

As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …

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Big Win For Clean Technology In The Supreme Court Today

Court validates federal rule to encourage more efficient electricy usage

The future of a clean electricity grid will require more decentralization based on clean technology, like solar and energy storage. Large industrial customers are investing in these technologies and also signing up to moderate their electricity demand in response to larger grid needs (i.e. reducing usage when electricity becomes expensive and dirty to produce). Smaller …

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The Flint Lead Crisis

Three Interesting Notes About Lead Regulation and Exposure

At this point, you would need to be a hermit to have missed the news coverage of elevated levels of lead in the drinking water in Flint, MI. (Although even that might not be a valid excuse given an ancient, anonymous Roman hermit described lead poisoning). The short version is: in April 2014 a cash …

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DC Circuit Denies Stay of Clean Power Plan

  The DC Circuit issued a judgment denying the request for a stay in the case challenging the Clean Power Plan, West Virginia v. EPA. The decision simply states that the petitioners failed to meet the “stringent requirements for a stay pending court review.” The court ordered the parties to submit a proposed briefing schedule by …

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