Regulation

More on California Environmental Leader & Coastal Advocate Peter Douglas

Legal Planet colleague Jonathan Zasloff has previously written about the recently-announced retirement of long-time California Coastal Commission Executive Director Peter Douglas.  I’d like to add a few additional comments about Peter, my long-time mentor, client and friend. Peter Douglas has devoted the past four decades of his incredibly rich and active life to the cause of …

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The Tea Party Embraces Local Energy Efficiency Financing?

It looks like we’ve finally found an environmental issue that can attract strong bipartisan support. The PACE program allows municipal bond financing to pay for energy efficiency retrofits and solar panels, among other environmentally benign building improvements, to be repaid through property tax assessments. But the Federal Housing Finance Administration (FHFA) essentially squashed the residential …

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The War Against the Environment

Using the pretext of saving jobs, the GOP has embarked on the biggest campaign against the environment in modern history.

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Some Thoughts About Environmental Disasters

In an environmental disaster, a disaster causes environmental harm, environmental change causes an acute risk to humans, or both take place.  Examples include the BP Oil Spill, the London killer for of 1952, the 2003 European heat wave, and the 2011 Japanese tsunami. Climate change will intensify the connection between disaster issues and the environment. …

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EPA to Continue Emissions Trading in Place of Clean Air Interstate Rule

With the success of the 1990 cap and trade program for sulfur dioxide (the major cause of acid rain), cap and trade  has become one of the dominant regulatory means to control air pollution in the U.S.  And, of course, cap and trade remains one of the central mechanisms to control greenhouse gases in those …

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Nevada Re-Discovers the Public Trust Doctrine

The Nevada Supreme Court was the source of a pleasant surprise earlier this month, when it issued a decision formally “adopting” the public trust doctrine as Nevada law. The opinion, Lawrence v. Clark County, involved a proposed transfer of land in and adjacent to the Colorado River near Laughlin, Nevada to Clark County officials. Nevada …

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California’s Role in the New Fuel Economy Standards

Dan rightly praised the good news about newly agreed to federal fuel economy standards for the 2017-2025 time frame that will reach 54.5 miles per gallon by 2025 (though there will be a review at midpoint and a possibility for readjustment if the 54.5 mpg standard proves too tough).   In all of the press …

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White House science advisors call for better ecosystem information

Cross-posted at The Berkeley Blog. If you’ve never heard of the President’s Council of Advisors on Science and Technology, you’re not alone. It’s not a group that’s often in the news. But its new report, “Sustaining Environmental Capital: Protecting Society and the Economy,” is worth a read. This report does two important things. First, it defends …

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Bring Out Your Dead!

For instance, if you’ve been married five times, and each of the five spouses has drowned in the bathtub soon after writing a will in your favor, that “statistical” evidence is enough for a conviction. Similarly, if hospital admissions and ER visits for asthma go up on days when air pollution spikes, it would be irresponsible for the government to ignore that evidence.

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EPA finalizes mountaintop removal guidance

Cross-posted at CPRBlog and The Berkeley Blog. After a three-and-a-half month delay for White House review, EPA has finalized its guidance for review of mountaintop removal mining permits in Appalachia. I needn’t have worried that the White House would roll EPA Administrator Lisa Jackson on this one. The final guidance maintains the strong stand EPA …

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