Thursday, July 30, 2009

Good news: world fisheries could avoid collapse by using new management tools in both developed and developing countries

Planet Ark reported that Dr. Boris Worm of Dalhousie University and colleagues are publishing a paper in Science that suggests world fisheries may avoid a total global collapse by using proven management tools in both the developed countries and the developing countries.  This is notable because Dr. Worm had predicted total global collapse of fish and seafood populations by 2048.  But, the effort will require rebuilding 63 percent of fish stocks worldwide and applying proven management tools not only to the ecosystems primarily affected by developed countries, but also those primarily affected by developing countries.   These management tools include: restrictions on gear like nets so that smaller, younger fish can escape; limits on the total allowable catch; closing some areas to fishing; certifying fisheries as sustainable; offering shares of the total allowable catch to each person who fishes in a specified area. Researchers indicated that fishing limits must be set well below the maximum sustainable yield, which is the highest number of fish that can be caught in an area without hurting the species' ability to reproduce. Maximum sustainable yield should be an absolute upper limit, rather than a target that is frequently exceeded.

Worm's optimism was provisional, because the current research only looked at about one-quarter of the world's marine ecosystems, mostly in the developed world where data is plentiful and management can be more readily monitored and enforced. Of the 10 major ecosystems studied, scientists found five marine areas had cut the average percentage of fish they take, relative to estimates of the total number of fish. Two other ecosystems were never overexploited, leaving three areas overexploited. The fisheries in the study were the Iceland Shelf, Northeast U.S. Shelf, North Sea, Newfoundland-Labrador Shelf, Celtic-Biscay Shelf, Baltic Sea, Southern Australia Shelf, Eastern Bering Sea, California Current, and New Zealand Shelf. 

Strict fisheries management in the developing world has put increasing pressure on fisheries controlled by developing countries, particularly African countries that struggle to provide food for their populations.  To deploy effective fisheries management globally will require addressing the management capacity and governance problems of developing countries and reducing the poverty that makes effective management and governance so difficult.

July 30, 2009 in Africa, Biodiversity, Climate Change, Current Affairs, Economics, EU, Governance/Management, International, Law, North America, Physical Science, Sustainability | Permalink | TrackBack (0)

Sunday, May 3, 2009

Total emisions approach - accurate but not novel and a flawed basis for policy

As this report on the new studies published in Nature indicates, the global warming problem is and always has been understood to be a matter of the total loadings of GHG emissions in the atmosphere, not a matter of timing.  The timing of the GHG emissions only matters over the course of centuries because eventually greenhouse gases emitted into the atmosphere decompose.  I don't think that anyone familiar with climate policy has ever believed otherwise.  So, on that score the new studies are not new, but they may alter how the problem is conceptualized for policy purposes.

Policy cannot simply divide the total allowable emissions among nations and be done with it.  First, absent intermediate goals tied to deadlines, countries cannot monitor each others compliance with reduction targets.  Second, it creates a tendency for nations to believe that they can just wait until 2050 or whatever when technology will save them and voila they will become carbon neutral.  Our experience in the Clean Air Act attainment with NAAQS was that, faced with a deadline and no requirement for annual progress, states just planned to do something at the last moment and when their plans didn't work, they threw up their hands and said, "OH well." 

We cannot afford to use that model of regulation with respect to climate.  Instead, we need to use technology-forcing technology based standards (e.g. no new coal plants without CSS; CSS retrofit for existing fossil-fuel plants by 2020) along with streamlining the ability of renewables to come online and planning ala the 1990 Clean Air Act amendments with annual progress requirements and contingency measures built into the plan.  Those approaches would be far more successful than the "consume up to the last moment" strategy that may be encouraged by the total emissions approach.

Lawyers have to leave science to the scientists and use extreme care when they are working on a cross-disciplinary basis.  But scientists need to be just as wary of providing policy concepts unencumbered by an understanding of past performance of various regulatory approaches.


From: Naomi Antony, Science and Development Network

Published April 30, 2009 10:40 AM
Scientists put carbon ceiling at a trillion tonnes

Scientists hope a new approach to assessing carbon build-up in the atmosphere will simplify issues
for policymakers and economists. Two papers published in Nature today (29 April) show that the
timings of carbon emissions are not relevant to the debate — it is the total amount of carbon dioxide
emitted over hundreds of years that is the key issue.

Rather than basing negotiations on short-term goals such as emission rates by a given year,
the researchers say the atmosphere can be regarded as a tank of finite size which we must not
overfill if we want to avoid a dangerous temperature rise.

Climate policy has traditionally concentrated on cutting emission rates by a given year, such as
2020 or 2050, without placing these goals within the overall context of needing to limit cumulative
emissions.

Both papers analyse how the world can keep the rise in average surface temperatures
down to no more than two degrees Celsius above pre-industrial levels. This figure is
widely regarded as the threshold beyond which the risk of dangerous climate change
rapidly increases. Policymakers around the world have adopted this limit as a goal.

The first study, led by Myles Allen from the University of Oxford, UK, found that
releasing a total of one trillion tonnes of carbon dioxide into the atmosphere
between 1750 and 2500 would cause a "most likely" peak warming of two degrees
Celsius. Emissions to 2008 have already released half of this. Allen said in a
press briefing this week (27 April): "It took 250 years to burn the
first half trillion tonnes and, on current predictions, we'll burn the next half
trillion in less than 40 years."

The second study, led by Malte Meinshausen at the Potsdam Institute for Climate
Impacts Research, Germany, used a computer model to demonstrate that to avoid
exceeding two degrees Celsius by 2100, cumulative carbon emissions must not exceed
0.9 trillion tonnes. "We have already emitted a third of a trillion in just the past nine years,"
Meinshausen says.

David Frame, a co-author of the Allen paper and researcher at the University of
Oxford, said that these findings make the problem "simpler" than it's often
portrayed. "[The findings] treat these emissions ... as an exhaustible resource. For
economists, this way of looking at the problem will be a huge simplification," Frame
said. "Basically, if you burn a tonne of carbon today, then you can't burn it tomorrow
" you've got a finite stock. It's like a tank that's emptying far too fast
for comfort. If country A burns it, country B can't. It forces everyone to consider
the problem as a whole."

In a separate essay, Stephen Schneider of the Woods Institute for the Environment at
Stanford University in the United States, discusses what a world with 1,000 parts
per million of carbon dioxide in its atmosphere might look like.

This article is reproduced with kind permission of the
Science and Development Network (SciDev.Net).
For more news and articles, visit www.scidev.net.



Nature Abstract of Allen letter:

Warming caused by cumulative carbon emissions towards the trillionth tonne

Myles R. Allen1, David J. Frame1,2, Chris Huntingford3, Chris D. Jones4, Jason A. Lowe5, Malte Meinshausen6 & Nicolai Meinshausen7

  1. Department of Physics, University of Oxford, OX1 3PU, UK
  2. Smith School of Enterprise and the Environment, University of Oxford, OX1 2BQ, UK
  3. Centre for Ecology and Hydrology, Wallingford, OX10 8BB, UK
  4. Met Office Hadley Centre, FitzRoy Road, Exeter, EX1 3PB, UK
  5. Met Office Hadley Centre (Reading Unit), Department of Meteorology, University of Reading, RG6 6BB, Reading, UK
  6. Potsdam Institute for Climate Impact Research, 14412 Potsdam, Germany
  7. Department of Statistics, University of Oxford, OX1 3TG, UK

Correspondence to: Myles R. Allen1 Correspondence and requests for materials should be addressed to M.R.A. (Email: myles.allen@physics.ox.ac.uk).

Top

Global efforts to mitigate climate change are guided by projections of future temperatures1. But the eventual equilibrium global mean temperature associated with a given stabilization level of atmospheric greenhouse gas concentrations remains uncertain1, 2, 3, complicating the setting of stabilization targets to avoid potentially dangerous levels of global warming4, 5, 6, 7, 8. Similar problems apply to the carbon cycle: observations currently provide only a weak constraint on the response to future emissions9, 10, 11. Here we use ensemble simulations of simple climate-carbon-cycle models constrained by observations and projections from more comprehensive models to simulate the temperature response to a broad range of carbon dioxide emission pathways. We find that the peak warming caused by a given cumulative carbon dioxide emission is better constrained than the warming response to a stabilization scenario. Furthermore, the relationship between cumulative emissions and peak warming is remarkably insensitive to the emission pathway (timing of emissions or peak emission rate). Hence policy targets based on limiting cumulative emissions of carbon dioxide are likely to be more robust to scientific uncertainty than emission-rate or concentration targets. Total anthropogenic emissions of one trillion tonnes of carbon (3.67 trillion tonnes of CO2), about half of which has already been emitted since industrialization began, results in a most likely peak carbon-dioxide-induced warming of 2 °C above pre-industrial temperatures, with a 5–95% confidence interval of 1.3–3.9 °C.

  1. Department of Physics, University of Oxford, OX1 3PU, UK
  2. Smith School of Enterprise and the Environment, University of Oxford, OX1 2BQ, UK
  3. Centre for Ecology and Hydrology, Wallingford, OX10 8BB, UK
  4. Met Office Hadley Centre, FitzRoy Road, Exeter, EX1 3PB, UK
  5. Met Office Hadley Centre (Reading Unit), Department of Meteorology, University of Reading, RG6 6BB, Reading, UK
  6. Potsdam Institute for Climate Impact Research, 14412 Potsdam, Germany
  7. Department of Statistics, University of Oxford, OX1 3TG, UK

Correspondence to: Myles R. Allen1 Correspondence and requests for materials should be addressed to M.R.A. (Email: myles.allen@physics.ox.ac.uk).









																	
									
									

May 3, 2009 in Air Quality, Climate Change, Current Affairs, Economics, Energy, Governance/Management, International, Law, Legislation, Physical Science, Sustainability | Permalink | Comments (2) | TrackBack (0)

Tuesday, April 28, 2009

Findlaw environmental case summaries February 2009

Table of Contents - February 23rd - 27th

ENVIRONMENTAL LAW CASES

• US v. Holden
• Sierra Club v. EPA
• Am. Farm Bureau Fed. v. EPA

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U.S. 6th Circuit Court of Appeals, February 24, 2009
US v. Holden, No. 07-5573, 07-5574
Defendants' conviction for impeding an EPA investigation was affirmed, where the District Court did not abuse its discretion by excluding evidence of a witness's drug use that did not clearly affect his ability to recall events. Read more...

U.S. 6th Circuit Court of Appeals, February 26, 2009
Sierra Club v. EPA, No. 07-4485
A petition for review of the EPA's decision not to object to a power plant's air-pollution permit is denied where the EPA may alter its position about a power plant's compliance with the Clean Air Act based on intervening events. Read more...

U.S. D.C. Circuit Court of Appeals, February 24, 2009
Am. Farm Bureau Fed. v. EPA, No. 06-1410
Petition for review of EPA air quality standards is granted in part and denied in part, where the EPA failed to adequately explain why its fine particulate matter standard was "requisite to protect the public health" under 42 U.S.C. section 7409(b)(1). Read more...

Table of Contents - February 9-13th

ENVIRONMENTAL LAW CASES

• Ohio Valley Env't Coalition v. Aracoma Coal Co.
• Friends of Milwaukee v. Milwaukee Metro. Sewerage Dist.
• Hill v. Gould

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U.S. 4th Circuit Court of Appeals, February 13, 2009
Ohio Valley Env't Coalition v. Aracoma Coal Co., No. 071355
In challenge to the Army Corps of Engineers' issuance of permits allowing the filling of West Virginia stream waters in conjunction with area surface coal mining operations, grant of judgment in favor of plaintiffs is reversed and remanded where: 1) the Corps did not act arbitrarily or capriciously in determining the scope of its National Environmental Policy Act analysis; 2) findings regarding stream structure and function, mitigation, or cumulative impacts were not an "abuse of discretion" or "not in accordance with law," 5 U.S.C. section 706(2) (2000); 3) Combined Decision Documents issued with each permit included substantial analysis and explanation about the Corps' impact findings which were within the agency's special expertise and were based on Corps staff's best professional judgment; 4) compensatory mitigation plans contained in the CDDs for the challenged permits were sufficient both for purposes of satisfying the Corps' requirements under the Clean Water Act and ! for justifying issuance of a mitigated finding of no significant impact under NEPA; 5) Corps did not act arbitrarily or capriciously in conducting its required cumulative impact analysis; 6) stream segments, together with the sediment ponds to which they connect, are unitary "waste treatment systems," not "waters of the United States," and the Corps' did not exceed its section 404 authority in permitting them; 7) plaintiff's stream segments claim was not barred by principles of res judicata; and 8) Corps' interpretations of its authority was reasonable in light of the CWA and entitled to deference. Read more...

U.S. 7th Circuit Court of Appeals, February 13, 2009
Friends of Milwaukee v. Milwaukee Metro. Sewerage Dist., No. 081103
In a citizens' suit against defendant-sewer district under the Federal Water Pollution Control Act (Clean Water Act) alleging that certain sanity sewer overflows that occurred were violations of defendant's CWA permit and of the CWA itself, dismissal of plaintiffs' suit is affirmed over claims that: 1) the district court violated court mandate by not "considering and giving due weight to post-stipulation violations of the Act; 2) had the district court considered post-stipulation events it would have had no choice but to find that the 2002 Stipulation did not constitute diligent prosecution by Wisconsin Department of Natural Resources (WDNR); and 3) the district court erred by refusing to admit and consider the letter from the EPA to the WDNR. Read more...

U.S. D.C. Circuit Court of Appeals, February 13, 2009
Hill v. Gould, No. 07-5026
Denial of an application to recover appellant's attorney's fees and expenses under the Equal Access to Justice Act, brought after she won a lawsuit against the Secretary of the Interior, is affirmed where the Secretary's position at the merits stage was substantially justified. Read more..




April 28, 2009 in Air Quality, Cases, Energy, Environmental Assessment, Law, Mining, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Findlaw environmental case summaries March 2009

Table of Contents - March 16-29th

ENVIRONMENTAL LAW CASES

• Trout Unlimited v. Lohn
• Natural Resources Def. Coun. v. EPA

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U.S. 9th Circuit Court of Appeals, March 16, 2009
Trout Unlimited v. Lohn, No. 07-35623
In a challenge to a National Marine Fisheries Service (NMFS) regulation distinguishing between natural and hatchery-spawned salmon and steelhead when determining the level of protection each species should receive under the Endangered Species Act, the majority of District Court's rulings are affirmed where NMFS decisions were not arbitrary, but reversed where summary judgment to Plaintiff was erroneous. Read more...

U.S. D.C. Circuit Court of Appeals, March 20, 2009
Natural Resources Def. Coun. v. EPA, No. 07-1151
Petitioner's petition for review of EPA air quality regulations is denied, where: 1) Petitioner failed to object to the EPA's definition of "natural event" during the rulemaking process; and 2) the preamble to the regulations was not a final agency action, and thus was not reviewable under the Clean Air Act. Read more...

Table of Contents - March 9 - 15th

ENVIRONMENTAL LAW CASES

• Am. Bird Conservancy v. Kempthorne
• Dallas v. Hall
• Hempstead County Hunting Club v. Southwestern Electric Power
• Washington v. Chu
• Delaware Dept. of Natural Res. & Envt'l. Ctrl. v. FERC
• Eastern Niagara Pub. Pwr. Alliance & Pub. Pwr. Coal. v. FERC
• State of California v. Allstate Ins. Co.
• People v. Tri-Union Seafoods, LLC

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U.S. 3rd Circuit Court of Appeals, March 11, 2009
Am. Bird Conservancy v. Kempthorne, No. 07-4609
In an action involving environmental rulemaking, dismissal of plaintiff's complaint for lack of subject matter jurisdiction is affirmed where the challenge to the denial by the Fish and Wildlife Service to undertake an emergency rulemaking listing the red knot species of bird endangered, is rendered moot by the publication of the warranted but precluded by higher priority listing in the periodic Candidate Notice of Review. Read more...

U.S. 5th Circuit Court of Appeals, March 12, 2009
Dallas v. Hall, No. 08-10890
In an action by a city against the Fish & Wildlife Service based on the agency's establishment of a conservation easement on the city's land, summary judgment for Defendant is affirmed, where the FWS considered a reasonable range of alternatives before creating the easement, and was not required to consider the impact on a potential water source. Read more...

U.S. 8th Circuit Court of Appeals, March 12, 2009
Hempstead County Hunting Club v. Southwestern Electric Power , No. 08-2613
In an environmental action, appeal of a denial of a preliminary injunction to halt preconstruction activities for defendant's failure to obtain the permit required by the Clean Air Act is dismissed as moot where defendant has since received the Clean Air Act permit and lawfully begun construction at the site. Read more...

U.S. 9th Circuit Court of Appeals, March 10, 2009
Washington v. Chu, No. 06-35227
In an action by the state of Washington against the Department of Energy for violation of hazardous waste management regulations, summary judgment for Plaintiff is affirmed, where the Washington Hazardous Waste Management Act plainly exempts designated nuclear waste from the storage and land-disposal prohibitions "with respect to WIPP" only. Read more...

U.S. D.C. Circuit Court of Appeals, March 13, 2009
Delaware Dept. of Natural Res. & Envt'l. Ctrl. v. FERC, No. 07-1007
Petitioner state agency's petition for review of FERC's approval of an application to operate a natural gas site is dismissed, where Petitioner lacked standing to challenge the order because it was expressly conditioned on Petitioner's approval. Read more...

U.S. D.C. Circuit Court of Appeals, March 13, 2009
Eastern Niagara Pub. Pwr. Alliance & Pub. Pwr. Coal. v. FERC, No. 07-1472
Petitioner's petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a state agency's license to operate a power project is denied, where FERC's decision to issue the license was reasonable and reasonably explained. Read more...

Supreme Court of California, March 09, 2009
State of California v. Allstate Ins. Co. , No. S149988
In an action arising from efforts to obtain insurance coverage for property damage liability imposed in a federal lawsuit as a result of discharges from a hazardous waste disposal facility, grant of defendant's motion for summary judgment is reversed where: 1) triable issues of fact exist as to whether the 1969 overflow fell within the meaning of the absolute pollution exclusion for watercourses contained in the insurance policy; 2) evidence the State should have known flooding was likely is insufficient to prove as an undisputed fact that the waste discharge in 1978 due to flooding was expected and therefore nonaccidental; and 3) there is a triable issue as to whether the cost of repairing the property damage from the 1969 and 1978 discharges can be quantitatively divided among the various causes of contamination. Read more...

California Appellate Districts, March 11, 2009
People v. Tri-Union Seafoods, LLC, No. A116792
In an action involving food warnings, trial court's ruling for the defendant is affirmed where substantial evidence supports the trial courts finding that methylmercury is naturally occurring in canned tuna and thus defendants and other tuna companies are exempt from the warning requirements of Proposition 65. Read more...

Table of Contents - March 2 - 8th

ENVIRONMENTAL LAW CASES

• Summers v. Earth Island Inst.
• Martex Farms, S.E. v. US EPA
• Izaak Walton League of Am., Inc. v. Kimball
• Latino Issues Forum v. EPA

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U.S. Supreme Court, March 03, 2009

Summers v. Earth Island Inst., No. 07-463
In an action challenging Forest Service regulations exempting certain land management activities from the agency's review process, an injunction against the regulations is reversed where Plaintiffs lacked standing to challenge the regulations absent a live dispute over a concrete application of those regulations. Read more...

U.S. 1st Circuit Court of Appeals, March 05, 2009
Martex Farms, S.E. v. US EPA, No. 08-1311
Final decision and order of the Environmental Appeals Board holding plaintiff liable for violations of the Federal Insecticide, Fungicide, and Rodenticide Act is affirmed where: 1) there is no legal basis for plaintiff's argument that the EPA's enforcement action amounted to selective prosecution; 2) plaintiff's claim that it was deprived of a full and fair opportunity to present its case fails as the denial of its motion to depose four witnesses was justified; and 3) there is no evidence that there is any basis for reversal as to the substantive violations committed by plaintiff. Read more...

U.S. 8th Circuit Court of Appeals, March 06, 2009
Izaak Walton League of Am., Inc. v. Kimball , No. 07-3689
In an action involving the Boundary Waters Canoe Area Wilderness Act, district court's grant of defendant's motion for summary judgment is affirmed where: 1) plaintiff's claims that the Forest Service violated the Act are time barred by the six year statute of limitations in the Act; and 2) there is no appellate jurisdiction over the appeal of the district court's order remanding the matter to the Forest Service to prepare an environmental impact statement assessing the sound impact of the proposed snowmobile trail. Read more...

U.S. 9th Circuit Court of Appeals, March 05, 2009
Latino Issues Forum v. EPA, No. 06-71907
In a petition for review of the EPA's approval of a state air-pollutant reduction program, the petition is denied where the EPA acted lawfully under 42 U.S.C. section 7509(d)(2) by not requiring implementation of "all feasible measures" into the program. Read more...

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April 28, 2009 in Air Quality, Cases, Energy, Environmental Assessment, Forests/Timber, Governance/Management, Land Use, Law, Science, Sustainability, Toxic and Hazardous Substances, US | Permalink | TrackBack (0)

Friday, April 3, 2009

U.S. Babies Drinking Formula are Exposed to Unsafe Levels of Perchlorate

One of the joys of blogging is all the good news that various organizations share with bloggers.  However, here's a story that isn't such good news, but needs to be told.  Joaquin Sapien of Propublica, which does public interest journalism, wrote this story about the dangers of hazardous chemicals such as perchlorate in baby formula:

CDC Study Finds Rocket Fuel Chemical in Baby Formula

by Joaquin Sapien, ProPublica - April 3, 2009 3:49 pm EDT 


Perchlorate, a hazardous chemical in rocket fuel, has been found at potentially dangerous levels in powdered infant formula, according to a study [1] by a group of Centers for Disease Control scientists. The study, published last month by The Journal of Exposure Science & Environmental Epidemiology, has intensified the years-long debate about whether or how the federal government should regulate perchlorate in the nation’s drinking water.

According to the CDC, perchlorate exposure can damage the thyroid, which can hinder brain development among infants. For nearly a decade, Democratic members of Congress, the Department of Defense, the White House and the Environmental Protection Agency have been fighting about how much perchlorate in water is too much.

In the new study, CDC scientists tested 15 brands of infant formula and found perchlorate in all of them.  The names of the brands weren’t revealed because the CDC says the study "was not designed to compare brands." But the study does say that the formulas with the highest perchlorate levels are the most popular. The most contaminated brands were lactose-based as opposed to soy-based and accounted for 87% of the infant formulas on the market in 2000, the latest data available from the U.S. Department of Agriculture.

The study points out that when perchlorate-contaminated powdered formula is mixed with water that also contains traces of the chemical, as many drinking water sources around the country do, the final concoction can become particularly harmful to babies.

"As this unprecedented study demonstrates, infants fed cow’s milk- based powdered formula could be exposed to perchlorate from two sources – tap water and formula. That suggests that millions of American babies are potentially at risk," said Anila Jacob, a physician and a senior scientist with Environmental Working Group, a Washington, D.C., nonprofit that posted the study [2] on its Web site.

In December the EPA released an interim health advisory [3] suggesting that water with a level of perchlorate limited to 15 parts per billion (ppb) is safe to drink.The level is not an enforceable standard, but is meant to provide guidance to states and local governments seeking to develop their own regulations.

Keeping perchlorate beneath that level would ensure that the amount of daily oral exposure would remain beneath a threshold called a reference dose, the EPA said. That is the amount of perchlorate humans could consistently consume over the course of a lifetime without increasing their risk of harm. Environmentalists argue that the EPA reference dose is too high.

The CDC study found that, hypothetically, 54% of infants consuming the perchlorate-contaminated formula would exceed EPA’s reference dose, if the formula were mixed with water containing perchlorate at 4 ppb.

Perchlorate has been found at that level in drinking water sources of at least 26 states and two territories, according to a study the CDC referenced in the report.

Perchlorate’s effect on individual infants will vary, the CDC scientists said, according to their weight and the amount of iodine in their diet.Iodine can counteract the harmful effects of perchlorate and is an ingredient in many brands of baby formula, the scientists said.

In a statement sent to reporters last night, Sen. Barbara Boxer, chair of the Environment and Public Works committee, said the study prompted her to ask the Food and Drug Administration to inform the public "how best to protect children from perchlorate." As she has done in the past, Boxer called on the EPA to "overrule the Bush Administration’s policy which was to walk away from setting a safe drinking water standard for perchlorate in our water supply."

In 2002 the EPA suggested limiting the amount of perchlorate in water to 1 ppb, but in December [3] it changed that level to 15 ppb to the dismay of environmental advocates.

A March 2008 Government Accountability Office report criticized the Bush White House [4] for injecting politics into the EPA’s chemical risk assessment of perchlorate and other toxins.The report suggested that the White House Office of Management and Budget was stalling the completion of risk assessments by forcing scientists to respond to comments from other federal agencies, including the Department of Defense. The report notes that tight restrictions on perchlorate and other toxins would greatly increase safety and cleanup costs incurred by the Defense Department and its contractors.The Perchlorate Information Bureau, an industry trade group supported by Lockheed Martin, Aerojet and other defense contractors, said the cost of an overly restrictive perchlorate standard would be "potentially staggering [5]."

Perchlorate has been found leaching into public water wells from military bases and bomb-building facilities, especially in California [6].

Less than two weeks before the Bush administration left office, the EPA announced that it would delay its long-awaited decision [7] on whether to set a drinking water standard for perchlorate until the National Academy of Sciences weighed in on the issue.That announcement effectively punted the decision to current EPA Administrator, Lisa Jackson, who promised to regulate perchlorate at her confirmation hearing.

As we reported previously [8], when Jackson headed the New Jersey Department of Environmental Protection, state scientists urged her to regulate perchlorate, which was found at 4 ppb in six of 123 public water wells [9] (p. 41) in New Jersey in a 2005 survey.New Jersey still does not have a perchlorate standard.

Other states however, have stepped in to fill the regulatory void.California has set a perchlorate standard at 6 ppb and Massachusetts at 2 ppb.

As pressure to regulate perchlorate has mounted, so too has lobbying from the chemical manufacturing and defense industries. In February David Corn reported for Mother Jones [10] that these industries have hired a former Democratic senator from Nevada to stymie efforts to regulate the chemical.   

An EPA spokesperson said in an email to ProPublica today that the agency is reviewing the Bush administration’s work and "hopes to announce our direction soon."

"Perchlorate exposure is a serious issue," the email said, "and it’s a top priority for Administrator Jackson, who is concerned about its health effects on children."

This story is published under a Creative Commons license.

April 3, 2009 in Governance/Management, Law, Physical Science, Toxic and Hazardous Substances, US | Permalink | Comments (1) | TrackBack (0)

Thursday, April 2, 2009

Water News from Water Advocates

New Congressional Legislation: Strong support for drinking water and
sanitation continues on Capitol Hill, where legislation introduced in
the Senate would put the U.S. in the lead among governments in
responding to the Millennium Development Goals for water and sanitation.
Companion legislation is expected soon in the House. Titled "The Senator
Paul Simon Water for the World Act of 2009" (S624), the bipartisan bill
introduced by Senators Durbin, Corker and Murray on March 17 seeks to
reach 100 million people with safe water and sanitation by 2015 and to
strengthen the capacity of USAID and the State Department to carry out
the landmark Senator Paul Simon Water for the Poor Act of 2005.

USAID: Dozens of USAID missions, notably in Sub-Saharan Africa and
Southeast Asia, are gearing up to utilize increased appropriations to
implement the Senator Paul Simon Water for the Poor Act, after years of
lacking the tools to help extend safe, sustainable water, sanitation and
hygiene. USAID this past month announced a number of initiatives
including: new strategic partnerships to extend water and sanitation
access to the urban poor in Africa and the Middle East (with
International Water Association), new multilateral revolving funds (in
the Philippines), new collaborations (with Rotary International) and a
new USAID Water Site http://tinyurl.com/newUSAIDwater.

Appropriations: Through the recently passed Omnibus legislation,
Congress appropriated $300 million for Fiscal Year 2009, for "water and
sanitation supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005." As with last year's appropriations, forty percent
of the funds are targeted for Sub-Saharan Africa. Priority will remain
on drinking water and sanitation in the countries of greatest need.
Report language suggests increased hiring of Mission staff with
expertise in water and sanitation. It also recommends that $20 million
of the appropriation be available to USAID's Global Development Alliance
to increase its partnerships for water and sanitation, particularly with
NGOs.

In Fiscal Year 2010, a broad spectrum of U.S. nonprofit organizations,
corporations and religious organizations are urging $500 million to
implement the Senator Paul Simon Water for the Poor Act, as part of an
overall increase of foreign development assistance, a level also called
for by InterAction and the "Transition to Green" Report.

For more water news, visit Drink Water for Life.


April 2, 2009 in Africa, Asia, Economics, EU, Governance/Management, International, Law, Legislation, North America, Physical Science, Science, South America, Sustainability, US, Water Quality, Water Resources | Permalink | Comments (0) | TrackBack (0)

Monday, March 23, 2009

Who's (or what's) on first

Investmentbubble
Above you'll find the Recovery.gov image of where the $819 billion stimulus money is going.  Below is the CBO's analysis, with graphics by the Washington Post.  Clicking on either image will pop-up a full-size image.
Wash post recovery


March 23, 2009 in Current Affairs, Economics, Law, US | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 3, 2009

Columbia Basin Bulletin e-book on Columbia River salmon lititation

I'm not a big fan of paying for PDFs, but here's a resource that students of the Columbia River salmon litigation should be aware of. CBB link If you're not familiar with CBB, go take a look.  You can sign up for their free weekly newsletter and you can subscribe to their archives.

Salmon and Hydro

An Account of Litigation over Federal Columbia River Power System Biological Opinions for Salmon and Steelhead, 1991-2009

First Edition, February 2009

A NOAA Fisheries "biological opinion" is the federal government's primary guide for recovering13 species of Columbia River Basin salmon and steelhead listed under the Endangered Species Act . A "BiOp" must insure that these ESA-listed fish survive and thrive in the Columbia/Snake River Basin hydropower system . Yet, since the first salmon ESA-listings in 1991, these biological opinions have been the subject of continual litigation. It is in federal court where one sees most clearly the divisions and difficulties of Columbia Basin salmon recovery. This issue summary offers a historical account of this continual litigation since the first ESA listings and summarizes the major issues that have dominated Columbia Basin Salmon recovery since 1991.

Salmon and Hydro: An Account of Litigation over Federal Columbia River Power System Biological Opinions for Salmon and Steelhead, 1991-2009, a 77-page document in an easy-to-read Adobe PDF format, is available for digital download through our secure payment system. Price: $19.95

 


Salmon and Hydro book
 

 

TABLE OF CONTENTS

For Excerpts Click These Links:

INTRODUCTION

 

I. 1991-1995: Three ESA Listings, Four Biological Opinions, Five Court Challenges

II. 1995-1998: Reasonable And Prudent Alternatives, Spread The Risk, Long-Term Configuration, Adaptive Management; River Governance; Regional Parties Stake Their Positions; A BiOp Finally Passes Legal Muster

 

III. 1998-1999: More ESA Listings; A Supplemental Steelhead BiOp Guiding River Operations; Independent Science Advisory Board Weighs In On Smolt Transportation; Appeals Court Upholds 1995 BiOp; Supplemental BiOps On New Listings, Snake Water

IV. 1999-2004: Not Just Hydro, But All The ‘Hs’; Recovery In 48 years?; Mitigation Must Be Certain To Occur; Another BiOp Bites The Dust; A Remand; Corps Rules On Snake River Dam Removal

V. 2004-2008: A New BiOp Says No Jeopardy From Hydro Operations; A New ‘Environmental Baseline’; Redden Says No Again; Discretionary Actions vs. Non-Discretionary (Dams’ Existence); Court Runs The River; Upper Snake River Gets Own BiOp

VI. 2008-2009: A ‘Collaborative’ BiOp; New Fish Funding Agreements, New BiOp Support; Montana Finally Likes The Reservoir Plan; Earthjustice Says New Approach Inadequate; Oregon Left As Only State Opposed To BiOp; Should Independent Scientists Evaluate BiOp?; Parties To Litigation Grows; Clean Water Act Now An Issue; A New Round Of Briefings

VII. Conclusion: Rushing To Redden’s Finish Line

March 3, 2009 in Biodiversity, Cases, Energy, Environmental Assessment, Governance/Management, Law, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Monday, March 2, 2009

The New Subsistence Society

Sometimes its a good idea to stand back and contemplate the universe.  Today's early news that the Dow Jones Industrial Index took another header because of AIG's $60+ billion loss prompts me to do that. 
Dow_3209
What is the vector of our society?  What will it look like after all the dust has settled?  It is not just the financial crisis that prompts me to contemplate this.  Although the phrase is over-used, we are in the midst of a perfect storm -- a global economy that creates and distributes goods and services through the internet, computerized machines and cheap labor virtual collapse of the financial system, the advent of peak oil, and the climate crisis.  How will all of these things cumulatively affect our future?

We've lived with the first problem for decades now -- what do people do as they  become less and less important to production of goods and services.  The science fiction of our times: what happens when people and their primary asset, labor, becomes virtually superfluous.  Certainly countries with high labor costs relative to Asia and South America already are beginning to experience the problem.  Computerized machines can plant, water, and harvest the fields; robots can make the cars and prefabricated housing; department stores, bank branches, car dealers, even retail grocery stores can be replaced by internet marketing; 100 law professors lecturing to law students and 1000 college professors lecturing to college students is more than enough -- creating the prospect of a British or continental education system, with those professors raised to unseemly heights and the remainder left to do the grunge work of tutors; even more radically, 100 K-12 teachers can teach a nation of students with computer graded exams, if we believe that convergent answers are the goal of education; priests and ministers can be replaced by TV showmen and megachurch performers. 

So what do the other 6.95 billion of us do?  Now, we consume.  Voraciously.  If we don't, then the basics can be provided by a very few and the rest of us become unwanted baggage.  A non-consumer is a drag on the system.  We depend on the velocity of money, excess consumption, and inefficiency to provide each of us with a job and to maintain the current economy.

And what happens when money moves at a crawl, when people stop consuming, when production becomes life-threatening to the planet, and when a key resource for production, oil, reaches the point of no return???  The answer is a new subsistence economy.  A new world where a few are need to produce, a few more can consume, and the remainder have no economic role and are left to subsist as best they can.

Admittedly, it will be subsistence at a higher level -- through the internet, computerization, and technology, each of us will have the capacity to do things for ourselves that are beyond the imagination of today's impoverished subsistence farmers.  But, relative to those who own all of the means of production, a few entertainers (be they basketball players, lecturers, moviestars, or mega-church leaders), and a few laborers (building the machines, computers, the information infrastructure and doing basic and applied research), we will all be poor.  Perhaps only relatively and perhaps only in material terms.  But poor, living at a subsistence level, consuming food from our own gardens, building our own houses, wearing clothes for function not fashion, educating our own children through the internet, capturing essential power through distributed energy, and buying very little of goods that are bound to be too expensive for most -- probably just computers.  It won't necessarily be bad.  Perhaps we can refocus on relationships, family, community, art, music, literature, and life, rather than define ourselves in terms of our job and our things.  Perhaps we can refocus on spirituality instead of materialism. Who knows?  Maybe the new society won't be such a bad thing after all -- at least if we insist that the few who have the privilege of production have a responsibility to share the wealth with the many.

March 2, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Wednesday, February 25, 2009

The Saga of Snowbasin - Book Review

Here's a book review I published in American Scientist about Stephen Trimble's recent book.  AmSci link

BARGAINING FOR EDEN: The Fight for the Last Open Spaces in America. Stephen Trimble. xiv + 319 pp. University of California Press, 2008. $29.95.

Snowbasin%20in%201997

The strikingly beautiful Utah landscapes Stephen Trimble writes about in Bargaining for Eden—the craggy Wasatch mountain range, the desolate desert mesas—change subtly in appearance with each passing moment, as light and shadow dance over them. The same could be said of the book’s evolving perspective—every time I thought I understood Trimble’s position regarding the battles being waged over the precious wild lands that remain in the western United States, his point of view subtly shifted.

The first part of the book, aptly named “Bedrock,” sets the stage and sketches the main characters. The citizens of Ogden, Utah, are fighting billionaire oil magnate Earl Holding, who wants to transform Snowbasin, a community ski area on Mount Ogden, into a posh resort in time for the 2004 Winter Olympics. Trimble avoids the temptation to make this starkly partisan struggle into a morality play, perhaps because the story doesn’t end happily. Although the local environmentalists win a few battles, they lose the war, and the majesty of Mount Ogden is marred by development.

Rather than framing the Snowbasin saga as a tragedy, Trimble deftly uses it as a device for exploring a far more complicated theme, addressing himself directly to those who treasure wild land out West. They yearn for the romance, simplicity, community and connection they draw from open space and wilderness. Yet they also benefit from the roads, rural retreat homes and high-tech ski lifts that development provides. The poles of maximum development and maximum preservation are extremes at the ends of a continuum. Attaching oneself unthinkingly to either extreme creates destructive antagonism that severs ties to people and values on “the other side of the moral mountain.” A better, more sustainable approach to managing the lands of the West is needed.

Continue reading

February 25, 2009 in Biodiversity, Economics, Environmental Assessment, Forests/Timber, Governance/Management, Land Use, Law, Legislation, North America, Sustainability, US | Permalink | TrackBack (0)

President Obama's "State of the Union" Speech

The White House has published the "Remarks of President Barack Obama -- Address to Joint Session of Congress" as prepared for delivery on Tuesday, February 24th, 2009. White House link   The President called for Congress to send him a cap and trade bill to address climate change and stressed investments in clean energy as the path to America's future.  What a difference from last year!

As the President says about the long term investments that are absolutely critical to our economic future:

It begins with energy.

We know the country that harnesses the power of clean, renewable energy will lead the 21st century.  And yet, it is China that has launched the largest effort in history to make their economy energy efficient.  We invented solar technology, but we’ve fallen behind countries like Germany and Japan in producing it.  New plug-in hybrids roll off our assembly lines, but they will run on batteries made in Korea.

Well I do not accept a future where the jobs and industries of tomorrow take root beyond our borders – and I know you don’t either. It is time for America to lead again.

Thanks to our recovery plan, we will double this nation’s supply of renewable energy in the next three years.  We have also made the largest investment in basic research funding in American history – an investment that will spur not only new discoveries in energy, but breakthroughs in medicine, science, and technology.

We will soon lay down thousands of miles of power lines that can carry new energy to cities and towns across this country.  And we will put Americans to work making our homes and buildings more efficient so that we can save billions of dollars on our energy bills.

But to truly transform our economy, protect our security, and save our planet from the ravages of climate change, we need to ultimately make clean, renewable energy the profitable kind of energy.  So I ask this Congress to send me legislation that places a market-based cap on carbon pollution and drives the production of more renewable energy in America.  And to support that innovation, we will invest fifteen billion dollars a year to develop technologies like wind power and solar power; advanced biofuels, clean coal, and more fuel-efficient cars and trucks built right here in America.

As for our auto industry, everyone recognizes that years of bad decision-making and a global recession have pushed our automakers to the brink.  We should not, and will not, protect them from their own bad practices.  But we are committed to the goal of a re-tooled, re-imagined auto industry that can compete and win.  Millions of jobs depend on it.  Scores of communities depend on it.  And I believe the nation that invented the automobile cannot walk away from it.

None of this will come without cost, nor will it be easy.  But this is America.  We don’t do what’s easy.  We do what is necessary to move this country forward.

Continue reading

February 25, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)

National Environmental Law Moot Court Competition

Congratulations to all of the participants in the National Environmental Law Moot Court Competition held at Pace University during the last few days.  Roughly 70 law schools participated in the competition, which featured a difficult and oft-times confusing problem about salvage of a Spanish shipwreck.  The law covered by the problem included admiralty law, administrative law, international law such as the UNESCO treaty and the Law of the Sea, the National Marine Sanctuaries Act, the Endangered Species Act, the Clean Water Act, the Rivers and Harbors Act, the Outer Continental Shelf Lands Act, and for good measure, the Submerged Military Craft Act.  Just typing that list makes me tired!

The learning is in participating, but the honors for Best Briefs go to University of Houston, Georgetown, and University of California at Davis, with Houston winning overall Best Brief.  The Best Oralist Honor goes to Louisiana State University.  The final round of the competition featured Lewis & Clark law school, University of Utah, and Louisiana State. Lewis & Clark prevailed, winning the overall competition for the 2d time in a row.  If I recall correctly, that may be the first back to back win.  Congratulations to everyone!

The students of Pace University deserve special mention for sacrificing their ability to compete and for running a flawless competition.  More details can be found at the NELMCC site.

February 25, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Sunday, February 15, 2009

Christopher Field and Anny Cazenave AAAS reports on rapidly worsening climate change

On Saturday, I noted the AAAS meeting report on climate change by Christopher Brown.Climate change worsens more rapidly than IPCC anticipated   Here's a bit more on Christopher Field's report from MSNBC:

Carbon emissions have been growing at 3.5 percent per year since 2000, up sharply from the 0.9 percent per year in the 1990s..."It is now outside the entire envelope of possibilities" considered in the 2007 report of the International Panel on Climate Change...The largest factor is the widespread adoption of coal as an energy source... "and without aggressive attention societies will continue to focus on the energy sources that are cheapest, and that means coal."  Past projections for declines in the emissions of greenhouse gases were too optimistic, he added. No part of the world had a decline in emissions from 2000 to 2008.

Anny Cazenave of France's National Center for Space Studies [reported] that improved satellite measurements show that sea levels are rising faster than had been expected... Rising oceans can pose a threat to low level areas such as South Florida, New York and other coastal areas as the ocean warms and expands and as water is added from melting ice sheets...And the rise is uneven, with the fastest rising areas at about 1 centimeter — 0.39 inch — per year in parts of the North Atlantic, western Pacific and the Southern Ocean surrounding Antarctica...

MSNBC link
 

February 15, 2009 in Asia, Australia, Climate Change, Energy, International, Law, Legislation, North America, Physical Science, Sustainability, US, Water Resources | Permalink | TrackBack (0)

Thursday, February 5, 2009

New 6th Circuit Rapanos decision

A frequent reader who practices in the Sixth Circuit saw this 6th Circuit application of the Rapanos case and passed some comments along:

U.S. v. Cundiff
Cundiff decision 

The Court (Judges Martin, McKeague, and a District Judge Collier, with Martin writing for a unanimous panel (that lineup and the unanimity is interesting alone to me and I would guess other Sixth watchers)) held that, under Rapanos, the government had jurisdiction over the defendant's wetlands in Kentucky. The Court discussed the Marks-Rapanos problem at length (some fascinating discussion, along with a sharp rebuke of the Pacific Legal Foundation's view that the plurality test controls in a footnote), but did not make a final decision because it decided that jurisdiction was proper under both the plurality and Kennedy tests. The application of the plurality and Kennedy tests was also lengthy and interesting.

Also interesting was this footnote, describing the status of the property in Muhlenberg County, KY. (If you've ever been there, this is pretty accurate.)

"1 Singer-songwriter John Prine has colorfully recounted Muhlenberg County’s sordid ecological history: 

"And daddy won’t you take me back to Muhlenberg County / Down by the Green River where Paradise lay / Well, I’m sorry my son, but you’re too late in asking / Mister Peabody’s coal train has hauled it away . . . . / Then the coal company came with the world’s largest shovel / And they tortured the timber and stripped all the land / Well, they dug for their coal ‘til the land was forsaken / Then they wrote it all down as the progress of man . . . .

"JOHN PRINE, Paradise, on JOHN PRINE (Atlantic Records 1971)."

Thanks again -- I grew up singing to Paradise.

February 5, 2009 in Cases, Law, Mining, Sustainability, US, Water Quality, Water Resources | Permalink | TrackBack (0)

Sunday, February 1, 2009

Chartering Sustainable Transnational Corporations

This link connects to a paper I just posted on SSRN.  I presented the paper at the 6th Colloquium of the IUCN International Academy of Environmental Law in Mexico City in November 2008.  I am submitting a short version of the paper for possible publication in a book incorporating papers presented at the conference on the theme of Alleviating Poverty and Environmental Protection.  And I am preparing a more complete and elaborate version for possible law review publication.  I would deeply appreciate your comments on the subject of how we ensure that transnational corporations act in a sustainable manner and the obstacles or concerns with the approach I suggest.  SSRN link

Abstract:    
Using a recent innovative Oregon sustainable corporation law as a springboard, this article argues for requiring all transnational corporations to be chartered as sustainable corporations. Given the far-reaching effects of their operations and their uniquely powerful role, the global wealth that has been accumulated in these organizations must be fundamentally redirected toward creating a sustainable world. As a privilege of doing transnational business, transnational corporations should be required to incorporate environmental and social responsibility into their corporate charters-the document that sets forth the prime mission of the corporation and its directors, essentially baking sustainability into the corporate DNA of transnational corporations.

To be both effective and to harness the entrepreneurial creativity of these organizations, the sustainable corporation charter must be implemented per provisions that require transnational corporations to develop corporate sustainability strategies in accordance with the guidance provided by the implementing provisions. The implementing provisions should also require that the transnational corporations monitor and report in a standardized manner compliance with the corporate sustainability strategy, with sustainability-related laws, and with nonbinding environmental, labor, human rights, corruption, and other sustainability-related standards.

The sustainable corporation charter requirement should be imposed as a matter of international law, through an international convention and administered by an international commission. The requirements should be directly applicable to transnational corporations as a condition of doing transnational business. The commission should be authorized to take enforcement action directly against the corporation. In addition, both home and host nations to transnational corporations should agree to compel the corporations - either incorporated in that nation or doing business in that nation-to comply with the sustainable corporation charter requirement as a condition of doing any business. Nations that fail to join the international convention, or that fail to enforce the international convention, should be subject to mandatory trade and other economic sanctions by all signatories to the international agreement.

We can no longer allow transnational corporations to aggregate the bulk of societal wealth and then operate in an environmentally and socially irresponsible manner. The proposals in this article are one step toward turning transnational corporations into sustainable corporations.

Keywords: transnational corporations, corporate charters, multi-national corporations, sustainability, environmental, international convention, environmental assessment, voluntary compliance, environmental standards, alien tort, corporate social responsibility, human rights, international law, enforcement

February 1, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Climate Change, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | Comments (2) | TrackBack (0)

Tuesday, January 27, 2009

Obama: Energy and Environment Directives

Here's a source for primary information about Obama's Energy and Environment Directives on the California waiver and the CAFE standards.  I searched for this yesterday and couldn't find it -- maybe some of you had the same problem.

Today, January 27, we posted a lengthy summary of various reactions to President Obama's Climate Change and Energy Presidential Memos on our eNewsUSA blog at: http://enewsusa.blogspot.com/. The summaries include links to the full text of the releases. The posting includes both positive and negative reactions from U.S. Congressional leaders, industry, environment and government organizations. The posting also includes links to the full text of the President Obama Memos. Also included, on the January 26 posting, are a summary of President Obama statement on the Memos and links to the full text and video of the speech and related information. The posting also includes some clarifications of some misleading reporting and statements that have been made regarding the President's announcement and the Memos.

January 27, 2009 in Air Quality, Climate Change, Economics, Energy, Governance/Management, Law, Sustainability, US | Permalink | Comments (1) | TrackBack (0)

Oregon's Measure 37: The Paralyzing Effect of Takings Legislation and its Treatment

One of my students just published an article on Oregon's battle with takings legislation: David Boulanger, The Battle over Property Rights in Oregon: Measures 37 and 49 and the Need for Sustainable Land Use Planning, 45 Willamette L Rev 313 (2008). 

If you have any interest in land use law, how takings law affects the environment or in takings legislation, this article is worth a read.

January 27, 2009 in Agriculture, Cases, Constitutional Law, Economics, Forests/Timber, Governance/Management, Land Use, Law, Legislation, Sustainability, US | Permalink | TrackBack (0)

Friday, January 23, 2009

The Obama Administration's Energy and Environment Agenda

ENERGY AND THE ENVIRONMENT  White House link

The energy challenges our country faces are severe and have gone unaddressed for far too long. Our addiction to foreign oil doesn't just undermine our national security and wreak havoc on our environment -- it cripples our economy and strains the budgets of working families all across America. President Obama and Vice President Biden have a comprehensive plan to invest in alternative and renewable energy, end our addiction to foreign oil, address the global climate crisis and create millions of new jobs.

The Obama-Biden comprehensive New Energy for America plan will:

  • Help create five million new jobs by strategically investing $150 billion over the next ten years to catalyze private efforts to build a clean energy future.
  • Within 10 years save more oil than we currently import from the Middle East and Venezuela combined.
  • Put 1 million Plug-In Hybrid cars -- cars that can get up to 150 miles per gallon -- on the road by 2015, cars that we will work to make sure are built here in America.
  • Ensure 10 percent of our electricity comes from renewable sources by 2012, and 25 percent by 2025.
  • Implement an economy-wide cap-and-trade program to reduce greenhouse gas emissions 80 percent by 2050.

Energy Plan Overview

Provide Short-term Relief to American Families

  • Crack Down on Excessive Energy Speculation.
  • Swap Oil from the Strategic Petroleum Reserve to Cut Prices.

Eliminate Our Current Imports from the Middle East and Venezuela within 10 Years

  • Increase Fuel Economy Standards.
  • Get 1 Million Plug-In Hybrid Cars on the Road by 2015.
  • Create a New $7,000 Tax Credit for Purchasing Advanced Vehicles.
  • Establish a National Low Carbon Fuel Standard.
  • A “Use it or Lose It” Approach to Existing Oil and Gas Leases.
  • Promote the Responsible Domestic Production of Oil and Natural Gas.

Create Millions of New Green Jobs

  • Ensure 10 percent of Our Electricity Comes from Renewable Sources by 2012, and 25 percent by 2025.
  • Deploy the Cheapest, Cleanest, Fastest Energy Source – Energy Efficiency.
  • Weatherize One Million Homes Annually.
  • Develop and Deploy Clean Coal Technology.
  • Prioritize the Construction of the Alaska Natural Gas Pipeline.

Reduce our Greenhouse Gas Emissions 80 Percent by 2050

  • Implement an economy-wide cap-and-trade program to reduce greenhouse gas emissions 80 percent by 2050.
  • Make the U.S. a Leader on Climate Change.

January 23, 2009 in Agriculture, Air Quality, Biodiversity, Climate Change, Economics, Energy, Governance/Management, International, Land Use, Law, Legislation, Mining, Sustainability, US | Permalink | TrackBack (0)

Let Clean Water Flow

Here's my church's video to launch our 2009 Drink Water for Life lenten challenge.  If you benefit from the work I do on this blog, please, please, please......take the challenge or find another way to contribute to organizations that do community-based water projects.  Church World Service or Global Ministries are great faith-based organizations.  Water for Life and Water for People are great secular groups. Every 15 seconds, a child dies from a water borne disease like cholera or dysentery from lack of clean water and sanitation.  Together, we can change this.  Village by village. 

Let Clean Water Flow 

January 23, 2009 in Africa, Agriculture, Air Quality, Asia, Australia, Biodiversity, Cases, Climate Change, Constitutional Law, Economics, Energy, Environmental Assessment, EU, Forests/Timber, Governance/Management, International, Land Use, Law, Legislation, Mining, North America, Physical Science, Social Science, South America, Sustainability, Toxic and Hazardous Substances, US, Water Quality, Water Resources | Permalink | Comments (0) | TrackBack (0)

Thursday, January 22, 2009

Final Action on All Proposed Rules Suspended Pending Legal and Policy Review

Earthjustice reported:

White House Chief of Staff Rahm Emanuel Tuesday sent a memo to the heads of all executive departments and agencies, ordering a stop to all pending regulations until a legal and policy review can be conducted by the Obama administration.

A rule that would eliminate Endangered Species Act protections for wolves in the northern Rocky Mountains except for those in Wyoming was scheduled to be published on January 27. Now it will fall under review with the new administration. 

Among others, the Bush administration recently finalized rules that significantly weaken the Endangered Species Act, allow for mining deposits to be dumped within 100 feet of flowing streams and exempts large-scale factory farms from notifying government officials when they release unsafe levels of toxic emissions into the community. Earthjustice, a public interest law firm, filed suit against all of these rules.

The following statement is from Patti Goldman, Vice President of Program for Earthjustice:

"While we are pleased that the new administration has put a stop to these hasty actions, there are some rules we continue to monitor.

"Under the Emanuel memo, the wolf delisting rule will be withdrawn. This rule was extremely controversial and was rushed through even though a federal district court had declared the wolf delisting illegal in July. It defied the law which prohibits a state by state listing when the wolves do not respect state boundaries. 

"For the vast majority of the midnight regulations, the Bush administration got them published in time to evade the Emanuel memo's freeze.  Earthjustice has brought dozens of legal challenges to Bush rollbacks, which provides the ultimate pathway to reining in the excesses of the Bush administration."

January 22, 2009 in Biodiversity, Governance/Management, Law, US | Permalink | TrackBack (0)