Regulation

Will California’s cap-and-trade program get 85% of its reductions from offsets?

Will California’s greenhouse gas (GHG) cap-and-trade program meet 85% of its required reductions with offsets? That is the claim made in a complaint recently filed in a California Superior Court, seeking to throw out California’s offset regulations. (Citizens Climate Lobby v. CARB.) The complaint cites a NY Times article from 2011, in which someone from …

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New paper on California’s cap-and-trade auction revenue

The Emmett Center on Climate Change and the Environment has just released a new paper that describes how California law may limit the ability of California’s legislature to allocate revenue from the upcoming cap-and-trade auctions.  Written by fellow bloggers Cara Horowitz, Sean Hecht, Ann Carlson and myself, the paper is titled Spending California’s Cap-and-Trade Auction …

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Will California’s Cap and Trade Program Stimulate Innovation?

Holly’s latest post about a new study showing that cap-and-trade programs have not led to technological innovation ends with a cautionary note that raises the key question about innovation and cap-and-trade programs to reduce greenhouse gas emissions: These results [showing no innovation] don’t mean that cap-and-trade has no role to play in policies directed at climate …

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Supreme Court Sides With Property Owners in Wetlands Dispute With USEPA

The U.S. Supreme Court issued its decision in the most closely watched environmental case on the Court’s docket this Term: Sackett v. U.S. Environmental Protection Agency. As expected following an especially lively set of oral arguments in the Sackett case earlier this year, the justices ruled–unanimously–in favor of the private property owners who had brought …

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A Post Script to Steve’s Post about the Nuclear Renaissance

This just in from the NY Times: The Nuclear Regulatory Commission said a June breaker fire at the 478-megawatt Fort Calhoun nuclear plant was of “high safety significance,” increasing work the Omaha Public Power District (OPPD) must complete before the troubled unit can restart. The NRC’s preliminary “red” safety violation, the agency’s most serious classification, …

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Going Beyond the “Design-Basis Event”

A conventional approach to safety is based on the concept of design events.  A building code might say, for example, that a building should be able to survive a 7.0 earthquake.  This approach has been basic to the regulation of nuclear reactors.  As the interim report of the post-Fukushima NRC task force explains: [The regulation[ …

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Seismic Uncertainty

What happened last March 11 wasn’t supposed to be possible. The seismic hazard maps didn’t entertain the idea of a 9.0 magnitude earthquake off the Tohoku coast of Japan. But the Earth paid no heed to scientific orthodoxy. A massive slab of the planet’s crust lurched 180 feet to the east. It rose about 15 …

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Climate “skepticism,” ideology, and sincerity

There’s an interesting discussion about a whole lot of things — for example, the sincerity of climate scientists and think tanks, the behavior of scientists, the relative funding of “skeptics” and climate scientists and others who believe climate change is happening and is caused by human activity — between my colleague Ann Carlson and Professor …

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Inconceivable!

During the Fukushima nuclear crisis, government officials and industry representatives said that the tsunami that struck the reactors was “beyond our imagination,” thus excusing the failure to consider such a risk in the planning process. As it turns out, there had been warnings about this possibility, but the risks were ignored. The reactor was situated …

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Previewing a VERY Big Week for Environmental Law in the Courts

UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day.  The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …

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