Environmental Law Prof Blog

Environmental Article Hit Parade - New Hits on SSRN

1	Finally, some new hits!!! 95	Doubting Daubert Lisa Heinzerling, Georgetown University - Law Center,
2	80	Judicial Recognition of the Interests   of  Animals - A New Tort David S. Favre, Michigan State University College of Law,
3	73	The Accidental Environmentalist: Judge Posner on Catastrophic Thinking Lisa Heinzerling, Georgetown University - Law Center,
4	61	Lucas's Unlikely Legacy: The Rise of Background Principles As Categorical Takings Defenses Michael C. Blumm, Lucus Ritchie, Lewis and Clark Law School, Lewis & Clark College - Law School,
5	60	Detection Avoidance Chris William Sanchirico, University of Pennsylvania Law School,
6	45	Fear of Democracy: A Cultural Evaluation of Sunstein on Risk Dan M. Kahan, Paul Slovic, Donald Braman, John Gastil, Yale University - Law School, Decision Research, Yale University - Law School, University of Washington,
7	43	Unsubsidizing Suburbia Nicole Stelle Garnett, Notre Dame Law School,
8	42	Turning Themselves In: Why Companies Disclose Regulatory Violations J. L. Short, Michael W. Toffel, University of California, Berkeley, University of California, Berkeley - Haas School of Business,
9	42	Back to the Future of Conservation: Changing Perceptions of Property Rights & Environmental Protection Jonathan H. Adler, Case Western Reserve University School of Law,
10	37	Of Rainbows and Rivers: Lessons for Telecommunications Spectrum Policy from Transitions in Property Rights and Commons in Water Law Dale B. Thompson (not affiliated)

Sorting Out Hurricanes and Global Warming

Andrew Rivkin of the NYTimes has briefly summarized the conventional scientific widom about hurricanes and global warming. Rivkin summary.  See also Connecting the Dots.

Stanford Wins One for the Mojave Desert Tortoise

Debbie Sivas, Director of the Stanford Environmental Law Clinic, and her students and staff won a major victory in National Parks Conservation Association's legal battle against development of the world's largest garbage dump adjacent to Joshua Tree National Park in California's fragile Mojave Desert.  Bureau of Land Management (BLM) had agreed to exchange nearly 4,000 acres of federal public land against national park wilderness lands to a private mining company for the purpose of creating an enormous solid waste landfill, in return for scattered desert lands elsewhere in the Mojave.  The exchanged lands provide important buffer habitat for dozens of species, including the endangered big horn sheep and desert tortoise.  The proposed landfill would accept up to 20,000 tons per day of trash from Southern California's densely populated coastal communities.  Students drafted comments on the proposal, appealed the BLM decision to the IBLA, and ultimately filed suit, arguing that the federal government did not obtain fair market value for the exchanged lands, and that the environmental review for the project was so narrowly constrained that it failed to evaluate other management options for these federal lands, especially its preservation as an important buffer for wildlife and wilderness protection.  In a September 20, 2005 decision, the district court found that BLM's decision was arbitrary, capricious, an abuse of discretion and in violation of the FLPMA and NEPA. (HT Lawrence Marshall (Stanford), Warren Binford (Willamette), and lawclinic list).

Former CEQ chiefs battle with NEPA Taskforce

  Eight former Chairs of the Council on Environmental Quality [Train, Peterson, Busterud, Warren, Speth, Deland, McGinty, and Frampton] along with two former General Counsels [Widman and Yost] have quietly taken exception to the NEPA bashing being done in Congress.  The eight  served in both Republican and Democratic administrations and have collectively served more than 30 years in those key CEQ positions.  They wrote September 19th to the House Committee on Resources NEPA Taskforce, eloquently defending NEPA. (HT to Scott Schang, ELI) nepa letter - full text.txt   The letter concisely summarized how key features of NEPA contribute to responsible government:

"First, consideration of the impacts of proposed government actions on the qualityof the human environment is essential to responsible government decision-making. Government projects and programs have effects on the environment with important consequences for every American, and those impacts should be carefully weighed by public officials before taking action. Environmental impact analysis is thus not an impediment to responsible government action; it is a prerequisite for it.

Second, analysis of alternatives to an agencys proposed course of action is the heart of meaningful environmental review. Review of reasonable alternatives allows agencies to evaluate systematically the potential effects of their decisions and to assess how they can better protect the environment while still fully implementing their primary missions.

Third, the public plays an indispensable role in the NEPA process. Publi ccomments inform agencies of environmental impacts that they may have misunderstood or failed to recognize, and often provide valuable insights for reshaping proposed projects to minimize their adverse environmental effects. The public also serves as a watchdog, ensuring that Federal agencies fulfill their responsibilities under the law. Public participation under NEPA supports the democratic process by allowing citizens to communicate with and influence government actions that directly affect their health and well-being."

 

US Could Free Ride on European and Japanese Vehicle Recycling Regulations

Global designs for vehicles take the European and Japanese recycling regulations into account, so the US might achieve that goal without "regulating."  But the US needs to find a way to take advantage of recyclability -- manufacturer take-back or other provisions -- so that it can free ride on those regulations.  Coming: 95% Recyclable Cars - New York Times.

It's Hard to Get Right!

This NYTimes op-ed piece by physicist Lisa Randell reminds us of some of the difficulties in communicating science, especially policy relevant science, to the public and our students.  Science Reporting

Oliver Houck Tribute: We Should Do This Before People Die

A companion law prof blog recently did a memorial tribute to a colleague.  I'd suggest from the outpouring of concern expressed for Ollie Houck, he is a fitting candidate for "you don't have to die to have people say nice things about you."  Link: TaxProf Blog: Tax Prof Memorial Tribute: Boris Bittker.  Please contribute your tribute by commenting on this post.