Regulation
Good News from the Budget Negotiations?
It is, of course, absurd that the House, Senate, and White House are even negotiating about budget cuts in the midst of the Great Contraction. But it does seem that the environmental community has gotten something of a win — at least if you believe the Senators most closely involved in the negotiations: Under intense …
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CONTINUE READINGUCLA Law Symposium: Perspectives on Climate Change
Please join us at UCLA Law School on April 15th for the 2011 Environmental Law Symposium, Perspectives on Climate Change, Pollution and the Clean Air Act. The keynote speaker will be Gina McCarthy, Assistant Administrator for EPA’s Office of Air and Radiation. Please RSVP. You can also check out the program for more information. Panel …
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CONTINUE READINGVideo and print materials online from our conference Local Agencies on the Cutting Edge: Emerging Challenges to Local Land Use Authority
On February 11, UCLA Law hosted a symposium, Local Agencies on the Cutting Edge: Emerging Challenges to Local Land Use Authority. This daylong conference addressed important new developments in local land-use law. We now have a webpage devoted to the symposium, including links to video recordings of all the day’s sessions, as well as written materials …
CONTINUE READINGNinth Circuit Rejects Commerce Clause Challenge to ESA
Aligning itself with four other federal circuits that have addressed the question, the Ninth Circuit has ruled that application of the Endangered Species Act to California’s imperiled Delta Smelt doesn’t violate the Commerce Clause of the U.S. Constitution. San Luis & Delta-Mendota Water Authority v. Salazar (http://www.ca9.uscourts.gov/datastore/opinions/2011/03/25/10-15192.pdf ) is the latest chapter in the long-running …
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CONTINUE READINGU.S. House of Representatives v. Modern Science
Nature, one of the two leading scientific journals in the world, has a strongly worded editorial about the recent House hearings on climate change: At a subcommittee hearing on 14 March, anger and distrust were directed at scientists and respected scientific societies. Misinformation was presented as fact, truth was twisted and nobody showed any inclination …
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CONTINUE READINGThe recent court decision blocking California’s scoping plan to reduce greenhouse gas emissions: One-stop shopping for recent Legal Planet commentary
Several of the bloggers on Legal Planet have been commenting extensively on the recent California court decision that will block the California Air Resources Board from moving forward with its AB 32 Scoping Plan and related regulations. I’ve provided links below to a series of our posts on this decision. The court, ruling on a …
CONTINUE READINGReflections on environmental justice and AB 32’s emissions trading program
I have a few thoughts on environmental justice and the new court decision halting implementation of the AB 32 scoping plan, inspired by my colleague Ann Carlson’s post, and the comments on that post. Reflecting on the environmental justice community’s successful (at least temporarily) attack on greenhouse gas emissions trading in California – and on the …
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CONTINUE READINGAB 32 Lawsuit: Assessing the Environmental Justice Arguments Against Cap and Trade
As Cara wrote yesterday, a California court has put AB 32 on hold temporarily on the grounds that in preparing its scoping plan, the California Air Resources Board failed to assess alternatives to its plan with appropriate detail. In particular, the court took issue with CARB’s failure , under the California Environmental Quality Act, to …
CONTINUE READINGEnvironmental Cover-ups and the Bureaucracy
Ann wants to know, “why do governments engage in obfuscation in the case of a major environmental crisis?” The assumption here is that the public is going to find out eventually, so why cover it up now and make it worse? Well, here’s a theory. Note that “governments” don’t do anything — people do. “Government” …
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CONTINUE READINGJapan’s Nuclear Reactors, Risk Assessment & Accident Theory
In the wake of Japan’s developing nuclear crisis, people have begun questioning the future of US nuclear policy. Here is Sen. Lieberman, cautiously arguing for a review of nuclear power safety: I think it calls on us here in the U.S., naturally, not to stop building nuclear power plants but to put the brakes on …
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