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
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 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?
Weekly Questions: O'Connor's resignation
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.
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.
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 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.
"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.
June 27, 2005
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.
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.
(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.
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.
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.
For those of you teaching takings:
ILG - Takings Law Resource Center
Municipal Research and Service Center - Regulatory Takings
GELPI - The Takings Issue
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.
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.>
The Science of Global Warming -- clean hydrogen
A report published in Science on Friday by Jacobson, et.al., 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.
The Science of Global Warming -- Antarctica ice gets thicker?
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.
The Science of Global Warming -- impact on fisheries
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.
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.