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Environmental Law

Environmental Law Prof Blog

Coverage includes agriculture, timber, energy, mining, fisheries, land use, forests, marine resources, water resources, water quality, air quality, climate change, endangered species, biodiversity, environmental impact assessment, NEPA, environmental science, physical and social science, policy, legislation, law, case law, governance, management, and international law. News and analysis of environmental law; upcoming colloquia, conferences, and meetings; abstracts of working papers and recently-published scholarship in law, natural sciences, social science, economics; book reviews; career moves; other items of interest to faculty in the area.
By Susan Smith

Post Frequency: 2.8/day

Last Entry: March 31, 2011 at 14:15:36

Teaching in the 21st Century -- An Experimental Offering -- Hands of God

Posted on July 21, 2008
Dear friends and colleagues, Here's my video offering called "Hands of God." I am busy taking a course in Communication Theology -- and I'm reading about how 21st century students learn differently and may even have brains structured differently than...

Important step forward for carbon capture and sequestration: EPA proposes UIC rule

Posted on July 16, 2008
Given the supplies of coal available to the US and China, it is critical that effective carbon capture and sequestration technologies be developed and that effective environmental protections be put in place to regulate those technologies. While some have suggested...

The not so good news: crude fails 5% to below $140.

Posted on July 15, 2008
Crude oil jumped to record highs above $ 147 on July 11 driven by political and economic concerns after Iran fired intercontinental ballistic missiles to signal its willingness to use military force to resolve regional geopolitical conflicts. Crude prices, of...

political bedfellows widget

Posted on July 14, 2008
Cool widget for comparing members of Congress. Get the a href=http://www.widgetbox.com/widget/political-bedfellowsPolitical Bedfellows/a widget and many other a href=http://www.widgetbox.com/great free widgets/a at a href=http://www.widgetbox.comWidgetbox/a!

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Environmental Case Summaries

Posted on July 14, 2008
Here are Findlaw's environmental case summaries: Table of Contents ENVIRONMENTAL LAW CASES ? City of Bangor v. Citizens CommunicationsCo. ? Morrison Knudsen Corp. v. Ground Improvement Techniques, Inc. (continuation page) ? Wilderness Workshop v. US Bureau of Land Mgmt...

1/3 of coral reef building species in danger of extinction

Posted on July 14, 2008
One-third of coral reef-building species are in danger of extinction -- according to a recent study by Kent Carpenter. He reviewed 704 reef-building coral species and rated them according to International Union for Conservation of Nature (IUCN) standards of extinction...

A fish eye view of global warming

Posted on July 14, 2008
Global warming will extinguish dozens of marine fish species that cannot migrate to colder waters, according to a study by University of British Columbia researchers Pauly and Cheung. Science synopsis of research Replacing the lost biodiversity with new species will...

Science reports on new hurricane model

Posted on July 14, 2008
ScienceDaily (July 9, 2008) ? A new mathematical model indicates that dust devils, water spouts, tornadoes, hurricanes and cyclones are all born of the same mechanism and will intensify as climate change warms the Earth's surface. HT Eric, Climate Change...

D.C.Circuit - EPA's delay on regulating CO2 is just alright with us

Posted on July 08, 2008
The D.C. Circuit denied Sierra Club's petition for mandamus (PDF Mandamus Petition) in Massachusetts v. EPA with a per curiam decision. (Mandamus Denial PDF) Judge Tatel wrote a thoughtful opinion concurring that mandamus was not warranted, but dissenting in the...

Katy Kuh on Congestion Pricing

Posted on July 08, 2008
NYC's Congestion Pricing and the Dormant Commerce Clause Had Mayor Bloomberg's proposal to impose a charge on drivers entering southern Manhattan during peak hours managed to survive Albany politics, its next stop would almost certainly have been the courts...

SCOTUS grants cert -- June 27, 2008

Posted on June 28, 2008
Coeur Alaska Inc. v. Southeast Alaska Conservation, No. 07-984, consolidated with Alaska v. Southeast Alaska Conservation, No. 07-990. Are process wastewater discharges from mining operations governed by the drege-and-fill permit scheme operated by the Army Corps of Engineers under Section...

Crude approaches $140 and is predicted at $150 by July 4th

Posted on June 06, 2008
The American economy is melting down more rapidly than anyone could have predicted. The Dow Jones Industrials plunged almost 400 points today -- driven by skyrocketing crude prices that reached a record $139.01 and predictions of crude prices rising to...

Buying silence...the Tejon Ranch habitat conservation plan

Posted on May 27, 2008
An AP report yesterday by Noaki Schwartz disclosed that a development company has bought the silence of 3 of the 6 or so condor specialists, evaluating the habitat conservation plan for a major housing development proposed in critical habitat of...

Crude exceeds $ 135/barrel and gas prices rise over $ 4

Posted on May 22, 2008
Last night the overnight crude oil prices exceeded $135/barrel. Marketwatch Yesterday premium gas prices over $ 4 .20, up 70 cents from last year, were reported. BizJournal So what does it mean? Inconvenience for most of us; true hardship for...

Boxer releases new, improved Senate global warming bill

Posted on May 21, 2008
Sen. Barbara Boxer (D-Calif.) released a substitute global warming bill (PDF) today with significant changes from the version approved last December in the Environment and Public Works Committee. It includes an $800 billion tax break to help Americans cope with...

Take that!

Posted on May 20, 2008
The House overwhelmingly passed the Gas Price Relief for Consumers Act, H.R. 6074 today, waiving the sovereign immunity of OPEC nations in order to allow the Justice Department to sue OPEC members for limiting oil supplies and working together to...

CO2 Inventory Data Source

Posted on May 20, 2008
Like local data to pique your students' interest??? Want to know the facilities that you should target to make big gains in CO2 reduction??? Project Vulcan has made its complete database available -- and it produces cool maps like the...

There's more than one way to change ExxonMobil's neanderthal policies

Posted on May 20, 2008
Momentum seems to be building for an investor revolt at ExxonMobil's annual meeting with respect to ExxonMobil's failure to invest in renewable energy and its approach to the global warming problem. The family of founder John D. Rockefeller has sponsored...

Spotted Owl Recovery Plan Released

Posted on May 16, 2008
The Fish and Wildlife Service released the final recovery plan for the northern spotted owl today, emphasizing forest conservation and reducing the threat of rival barred owls. The plan identifies 34 recovery actions necessary to address the risks from the...

The Hills are Alive....

Posted on May 16, 2008
As the global temperature rises, Scandinavian mountains are growing trees that require warm temperatures, such as oak, elm, maple, and black alder. Science Daily reports that studies by Professor Leif Kullman have noted an elevation of timberline by 200 meters,...

Wishful Thinking About Oil Bubble

Posted on May 12, 2008
Good reading: Paul Krugman's op-ed piece in yesterday's NY Times poked a hole in the wishful thinking that the increase in oil prices over the last 5 years from $25/barrel to $125/barrel is just a speculator induced bubble. NY Times...

CO2 Levels Rising Faster than Expected

Posted on May 12, 2008
NOAA data indicates that carbon dioxide concentration in the atmosphere has reached new heights. NOAA greenhouse gas index link CO2 levels in the atmosphere now stand at 387 parts per million (ppm), up 40% since the industrial revolution and the...

Back on track

Posted on May 01, 2008
Over the course of the last two weeks, I had a close encounter with the ultimate mystery, brought to me courtesy of a bacterial blood infection -- one of those critters that we include within the broad umbrella of biodiversity....

Agricultural Law Blog Post on Renewable Fuel Standard

Posted on April 16, 2008
On Tuesday, Josh Fershee posted a critique of the US renewable fuel standard (RFS), which mandated expanded use of biofuels, including ethanol. Agricultural Law post He criticized the RFS on the grounds that cellulosic fuels are more green, and the...

Crude prices exceed $ 115

Posted on April 16, 2008
According to MarketWatch, crude oil prices reached a new record high above $115 a barrel today, as US crude inventories fell for the second week, from 316 million barrels to 313.7 million barrels, according to Energy Information Administration. Due to...

Zg Plater, Pat Parenteau and others to appear at 30th Anniversary Symposium of TVA v. Hill

Posted on April 15, 2008
Here is the announcement: ?A Symposium on TVA v. Hill: A 30-Year Retrospective on the Legendary Snail Darter Case? at The University of Tennessee College of Law, Knoxville, Friday, April 18. The Symposium will start at noon EDST, and you...

Supreme Court Grants Cert to Consider Whether to Reverse the Second Circuit's Decision that CWA Cooling Water Intake Structure Technology-Based Rules Cannot be Based on Cost-Benefit Analysis

Posted on April 14, 2008
The U.S. Supreme Court has granted certiorari in the Riverkeeper v. US EPA (Riverkeeper II), 475 F.3d 83 (2d Cir. 2007), which remanded EPA rules on power plant cooling water intake structures that included a number of utility-friendly provisions. Even...

Recent Opinions Available through BNA

Posted on April 13, 2008
BNA recently published the following opinions. For those of you not familiar with environmental law, BNA frequently obtains and publishes opinions that are not readily available through other sources. subscribers can access the full test -- for a free trial...

Findlaw Environmental Law Case Summaries

Posted on April 13, 2008
These environmental law case summaries are provided by Findlaw. To read the whole text of the cases, sign into Findlaw. U.S. 1st Circuit Court of Appeals, April 08, 2008 Commonwealth of Massachusetts v. US, No. 07-1482, 07-1483 In an action...

Another Denialist Hypothesis Shot Down: Global Warming is Not Caused by Sun Activity

Posted on April 13, 2008
A recent study by Sloan and Wolfendale examined the hypothesis of Svensmark that increased cosmic rays from sun activity were reducing cloud cover and thus causing global warming. The Sloan and Wolfendale paper concluded that, when both high level and...

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