Saturday, July 2, 2005

ESA/FIFRA Interface: Salmon win

The Ninth Circuit determined that EPA must consult NMFS in continuing registrations for pesticides that will have adverse impacts on threatened and endangered species.  The court upheld a district court injunction forbidding EPA from authorizing application of such pesticides in close proximity to salmon supporting waters.  Patti Goldman of Earthjustice's Seattle office represents plaintiffs. Link: Washington Toxics Coalition

July 2, 2005 | Permalink | TrackBack (0)

URGENT: ABA Environment Section TeleSeminar on Kelo

For those of you who didn't see Irma Russell's post, the ABA Section on Environment, Energy, and Natural Resources will be having a short teleseminar on Kelo on July 6th.  Link: TeleSeminar Registration.  Prof David Barron of Harvard, Prof Richard Epstein of University of Chicago, Prof. John Humbach of Pace will join the panel moderated by David Mandelbaum and Prof James May of Widener.

July 2, 2005 | Permalink | TrackBack (0)

Friday, July 1, 2005

Share your thoughts about O'Connor's legacy

The liberal People For the American Way only credits O'Connor with one critical 5/4 decision regarding environmental protection: the Alaska case on state BACT determinations in PSD permits.  Link: The Stakes: Issue by Issue - save the court.  Other examples?

July 1, 2005 | Permalink | TrackBack (0)

Weekly Questions: O'Connor's resignation

Weekly Questions:

What impact will O'Connor's resignation have on environmental law?
Who will be nominated to replace her? 
And how will the nomination fare?

e-mail me and I will post replies.

NY Times on O'Connor

July 1, 2005 | Permalink | TrackBack (0)

Thursday, June 30, 2005

Sunstein and Hahn on The Precautionary Principle

Sunstein and Hahn continue their campaign against the precautionary principle in this article, arguing that it does not help make difficult choices and can paralyze decision-making.  Unsurprisingly, cost-benefit analysis comes to the rescue.  The basic argument is simply that protective action can imposes other costs/risks that make it less protective than the status quo.  Link: The Precautionary Principle as a Basis for Decision Making

You can read the article as a guest even If you or your institution subscribe to the Economist's Voice.

June 30, 2005 | Permalink | TrackBack (0)

ABA TELE Conference on Kelo

The ABA will have a teleconference on Kelo on July 12th moderated by Prof David Callies of University of Hawaii -- with counsel for plaintiffs and defendants as well as  Prof. Gideon Kanner of Loyola of LA and  Prof. Thomas Merrill of Columbia. This conference will have another spin -- perhaps more oriented towards the problems arising from state and local government action.  Link: ABA-CLE | The Supreme Court Rules on Eminent Domain for Private Redevelopment: Kelo v. City of New London.

June 30, 2005 | Permalink | TrackBack (0)

Tuesday, June 28, 2005

The "Bare" Market of Environmental Law

Thanks to Jim Salzman.  He has brought Richard Lazarus' always prescient scholarship to my attention.  Richard has addressed this subject empirically.  Link: SSRN-Environmental Scholarship and the Harvard Difference by Richard Lazarus.

June 28, 2005 | Permalink | TrackBack (0)

"Selling" Environmental Law

This blog reports on a study categorizing the writing in Harvard Law Review and arguing that Environmental Law is a "strong sell," in other words, there will be a bear market for environmental law professors for the foreseeable future.  A fun piece -- but one that may adversely influence students interested in teaching and in environmental law.

The most obvious methodological flaw (apart from choosing Harvard Law Review as her standard) is that Harvard doesn't have much of an environmental law program.   I would expect a significant link between the quality of Harvard's environmental program (??????) and the likelihood that top students with an interest in environmental law will go to Harvard and edit the Law Review.

Link: TaxProf Blog: Stadler Says Tax Law Is a "Strong Buy" in Market for Law School Professors.

June 28, 2005 | Permalink | TrackBack (0)

Monday, June 27, 2005

Career resources


I am working on creating links to career resources for students.  Not the garden variety large NGO, firm and government jobs -- but the smaller niches.  This is an example of what one of my students has chosen to do.

Link: Cascade Resources Advocacy Group.  Could others provide links and I'll add them to the blog's permanent resources.

June 27, 2005 | Permalink | TrackBack (0)

Answer to Weekly Question -- No Such Thing as a FREE Lunch?

Last week, the weekly question asked about whether judges (and law professors) should accept expense paid trips from FREE and other organizations -- and whether judges should serve on boards of directors of such organizations.

Jonathan Adler forwarded his piece on FREE conferences in response to the weekly question.  Link: Jonathan H. Adler on Judicial Conferences on National Review Online.

June 27, 2005 | Permalink | TrackBack (0)

(pre) Kelo Conference

Case School of Law sponsored a Kelo conference in February.  Video of the conference is available for those who would like additional perspectives -- and a chance to check out the participants' predictions, given the benefit of 20-20 hindsight. Center for Business Law & Regulation - Case School of Law.

June 27, 2005 | Permalink | TrackBack (0)

Conference -- Natural Resources Development in Indian Country

Rocky Mountain Mineral Law Foundation is sponsoring a conference on Natural Resources in Indian Country in Albuquerque on November 10-11, 2005.  My experience representing industry in Indian country was a quite foreign, but unique and wonderful, experience.  This is a good way to start.  RMMLF Indian Natural Resources Conference   N.B.  The RMMLF Annual Institute is up in Portland this July 21-23.

June 27, 2005 | Permalink | TrackBack (0)

Senate Resolution on Global Warming

McCain Lieberman failed. The Senate has some "sense."  Here's what the NYTimes thinks.  Link: Climate Shock - New York Times.

June 27, 2005 | Permalink | TrackBack (0)

Takings Resources:

Sunday, June 26, 2005

International Whaling Commission -- the ultimately dysfunctional international organization?

Those of you teaching natural resources/ocean resources/international environmental law might want to glance at BBCs coverage of the recent  International Whaling Commission meeting.

Link: BBC NEWS | Science/Nature | Reform likely on whaling process.

June 26, 2005 | Permalink | TrackBack (0)

Regular features

Today's posts review some scientific literature published during the last week.  Link: Environmental Law Prof Blog

Similarly, reviews of the economic literature will be posted on a regular basis.


These will be regular features -- since many of us want to keep up with developments in the sciences and social sciences, but find it difficult to do so.

June 26, 2005 | Permalink | TrackBack (0)

The Science of Global Warming -- clean hydrogen

A report published in Science on Friday by Jacobson,, suggests that  hydrogen fuel-cell vehicles fueled by hydrogen produced through wind electrolysis provide the greatest public health benefits at a cost that may be less than the cost of gasoline.

Link: Cleaning the Air and Improving Health with Hydrogen Fuel-Cell Vehicles -- Jacobson et al. 308 (5730): 1901 -- Science.

June 26, 2005 | Permalink | TrackBack (0)

The Science of Global Warming -- Antarctica ice gets thicker?

Link: Science -- This Week in Science {24 June 2005; 308 (5730)}.

Research by Davis, et. al., published in Science on Friday indicates that snow added to Antarctica's ice sheets by changing climate patterns may mitigate sea level rise accompanying global warming.  In the same issue, David Vaughan cautions that the mass balance or balance of thickening and thinning areas in Antartica is unclear -- and thus the contribution of the Antartica ice sheets to global sea level remains uncertain.

Research by Bassett et al. (published online Science Express 23 Jun 2005) suggests historically that Antartica's contribution to global sea level is larger than thought.  Sea level simulations   The study modeled the influence of Earth and ice processes on sea level. Previous attempts to simulate the sea level rise due to the melting of ice sheets 14,000 to 9,000 years ago failed to explain sea-level changes in some places. This study shows that a model combining a stiff lower mantle and rapid melting of Antarctic ice sheets better explains data on historic global sea changes.  These results provide another line of evidence that Antarctic ice may be responsible for more of the deglacial sea level rise than previously thought.

June 26, 2005 | Permalink | TrackBack (0)

The Science of Global Warming -- impact on fisheries

Link: Science -- This Week in Science {24 June 2005; 308 (5730)}.

Research published in Science on Friday:

Climate change is well established as a potential threat to biodiversity and the services and benefits that people gain from ecosystems. Perry et al. (p. 1912, published online 12 May 2005) examined the effects of climate change on a key ecosystem service, marine fisheries. Many species have exhibited a strong northward shift during the last 25 years in the North Sea. Many commercially important fish such as cod, whiting, and anglerfish have shifted from 50 to 800 kilometers northward. If current climate trends continue, some species may have withdrawn completely from the North Sea by 2050.

June 26, 2005 | Permalink | TrackBack (0)

The Science of Global Warming -- a permanent El Nino?

Link: Science Express Highlights.  (AAAS members only)

A forthcoming Science article by Wara, et. al., suggests that a rise in global surface temperatures of about 3C higher may induce permanent El Nino conditions.

June 26, 2005 | Permalink | TrackBack (0)