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DC Event — Regulating from Nowhere: Environmental Law and the Search for Objectivity

Tomorrow, Thursday, the American Constitution Society will host a midday panel discussion about the issues and ideas presented in Regulating from Nowhere: Environmental Law and the Search for Objectivity, by CPR Member Scholar Douglas A. Kysar. The panel includes CPR Board Member Amy Sinden.

Drawing insight from a diverse array of sources, including moral philosophy, political theory, cognitive psychology, ecology, and science and technology studies, Kysar offers a new theoretical basis for understanding environmental law and policy. He exposes a critical flaw in the dominant policy paradigm of risk assessment and cost-benefit analysis, which asks policymakers to, in essence, “regulate from nowhere.”

The event is free and open to the public. Details are here. Please join us!

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Ben Somberg | November 3, 2010

DC Event — Regulating from Nowhere: Environmental Law and the Search for Objectivity

Tomorrow, Thursday, the American Constitution Society will host a midday panel discussion about the issues and ideas presented in Regulating from Nowhere: Environmental Law and the Search for Objectivity, by CPR Member Scholar Douglas A. Kysar. The panel includes CPR Board Member Amy Sinden. Drawing insight from a diverse array of sources, including moral philosophy, […]

Alice Kaswan | November 2, 2010

Cap-and-Trade is Still Alive (In California)

As “Cap-and-Trade Is Dead” continues to echo through the empty halls of Congress, California rolled out its proposed greenhouse gas (GHG) cap-and-trade program on Friday. The proposed regulations send a powerful message that, notwithstanding political paralysis at the federal level, the states are proceeding with meaningful climate action. The proposed cap-and-trade program, to be voted on […]

William Funk | November 1, 2010

In Williamson v. Mazda, SCOTUS Has Chance to Right Preemption Wrongs

Cross-posted from ACSblog. The Supreme Court will hear arguments on November 3 in a potentially important preemption case, Williamson v. Mazda Motor of America. In Williamson, a child was fatally injured in a collision when she was sitting in the center rear seat of a Mazda van, secured by a lap belt. The two other […]

Ben Somberg | October 29, 2010

The Economics of California’s Climate Law

Over at Grist, CPR Member Scholar Frank Ackerman explains why the economic calculations used by the Yes on 23 campaign in California are rather fishy.

Yee Huang | October 28, 2010

Moving Along: Preserving the Great Wildlife Migrations

On November 7, the National Geographic Channel is premiering Great Migrations, a seven-episode series that chronicles the movements of animals on every continent, from the magnificent monarch butterfly migration from Mexico to northern Canada to the impressive wildebeest migration across the plains of the Serengeti. A report by the United Nations concluded that climate change […]

Holly Doremus | October 27, 2010

Meet the New BOEMRE, Same as the Old MMS

Cross-posted from Legal Planet. The Minerals Management Service within the Department of Interior was responsible for overseeing offshore oil development in federal waters from its creation in 1982 until its demise earlier this year. MMS was always a troubled agency, to put it mildly, dogged by scandals and a revolving door with the industry it […]

William Andreen | October 26, 2010

Update: EPA Releases Full FY 2010 Stats on CWA Convictions

Since my post last week (“Convictions for Violations of the Clean Water Act Continue to Ebb“), a number of significant things have occurred. On October 20, the EPA’s Assistant Administrator for Enforcement and Compliance Assurance, Cynthia Giles, announced that the Director of the Office of Criminal Enforcement, Forensics and Training was retiring and that the Director […]

Daniel Farber | October 20, 2010

The Feds Take On Climate Adaptation

On October 14, the White House’s Climate Change Adaptation Task Force released its recommendations to President Obama for how agencies can better prepare the United States to respond to the impacts of climate change.  Once again we are reminded of how important it is to have an Administration that takes climate science seriously. According to […]

Matt Shudtz | October 19, 2010

A New Round in the OSHA-OSHRC Fight Over Noise Exposure

Today, OSHA released a “proposed interpretation” of its 39-year old noise exposure standards. Talk about making up for lost time. All joking aside, this move truly is a positive step for American workers, and may demonstrate a path of action that could help OSHA address hazards in addition to excessive noise.  Over the years, the federal courts […]