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CPR Scholarship Round-up: Innovation for nonpoint source pollution and animal migrations on the one hand, and obfuscation at OIRA on the other

We’ve all seen the dramatic headlines recently concerning large-scale environmental disruptions, including a catastrophic oil spill in the Gulf and mining disasters killing workers from West Virginia to China. Meanwhile, in Congress, climate change bills are proposed, altered, weakened, and eventually shelved, and the United States still fails to take action on climate change. CPR’s Member Scholars march forward, however, proposing reforms that range from creating transparency in agency decisions to protecting animal migrations. Below is a quick overview of some of their recent publications.

  • Robert Adler, in his article, Priceline for Pollution: Auctions to Allocate Public Pollution Control Dollars, which was published in the William and Mary Environmental Law and Policy Review, argues for competitive bidding for public pollution control money, most notably in the area of nonpoint source pollution. After discussing the benefits of auctions in government spending, Adler uses the Colorado River salinity control program as a model for soliciting bid proposals in the Chesapeake Bay watershed to fund projects designed to reduce nitrogen, phosphorus, and sediment and identifies lessons learned from the program that could be applied to auctions in other watershed programs. He finds that the addition of bidding into programs, such as the Chesapeake Bay Program, could increase cost-effectiveness and efficiency in pollution control.
  • Robert Fischman, in the Virginia Environmental Law Journal, The Legal Challenge of Protecting Animal Migrations as Phenomena of Abundance, co-authored with Jeffrey B. Hyman, discusses the ever-changing need for migration protection, especially in the face of climate change. By focusing on the legal steps necessary to create an effective conservation strategy, the authors establish four specific goals to protect migrations: incorporating thresholds based on abundance goals, potential transboundary laws, migration connectivity, and protection from harvests of both the migrating animals and the migrating animals’ food sources.
  • A disturbing aspect of climate change programs, and agency actions in general, is the potential interference by the White House as presidential supervision.   In Disclosing “Political” Oversight of Agency Decision Making, which appeared in the Michigan Law Review, Nina Mendelson argues that presidential supervision creates an opaque process that masks executive influence over agency rulemaking. She cites examples of presidential interference in cases of global warming, surface mining operations, and numerous other decisions, calling for better transparency to prevent politicization of agency rulemaking.

 

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Shana Campbell Jones | June 9, 2010

CPR Scholarship Round-up: Innovation for nonpoint source pollution and animal migrations on the one hand, and obfuscation at OIRA on the other

We’ve all seen the dramatic headlines recently concerning large-scale environmental disruptions, including a catastrophic oil spill in the Gulf and mining disasters killing workers from West Virginia to China. Meanwhile, in Congress, climate change bills are proposed, altered, weakened, and eventually shelved, and the United States still fails to take action on climate change. CPR’s Member Scholars […]

Yee Huang | June 8, 2010

International Law Implications of the BP Oil Spill

Hundreds of offshore extraction platforms dot the world’s oceans, funneling millions of gallons each day of oil, natural gas, and other extracted resources to the surface. While these operations are regulated by the country where they’re located, they have the potential to cause international environmental disasters when located near boundary waters or near large currents. The New […]

Rebecca Bratspies | June 7, 2010

Deepwater Horizon: Day 48

Cross-posted from IntLawGrrls Ever since the Deepwater Horizon began gushing oil into the Gulf of Mexico, BP has been dazzling the American people with a series of colorfully named “solutions:” the dome; top hat, junk shot, top kill. However, as the days turned into week, and the weeks turned into months, one thing has become […]

Victor Flatt | June 4, 2010

Texas’ Clean Air Act Alamo May Win the Environmental War for us All

In the little-followed but hugely important “joint federalism” system through which our environmental laws are implemented, a seismic change may be afoot that could vastly improve environmental compliance and environmental quality in the future. Last week, Al Armendariz, the head of the Environmental Protection Agency’s Region VI, indicated that unless significant changes are made by […]

Ben Somberg | June 3, 2010

New Drywall Revelations, Courtesy of the Tort System

ProPublica teamed with the Sarasota Herald-Tribune to put out an important investigative piece on drywall a few days ago — “Tainted Chinese Drywall Concerns Went Unreported for Two Years.” The article, by Joaquin Sapien and Aaron Kessler, reports that: A leading East Coast homebuilder learned four years ago that the Chinese-manufactured drywall it had installed […]

Yee Huang | June 3, 2010

Spotlight on CAFOs: EPA Settlement Requires More Info on CAFOs

EPA and a coalition of environmental groups recently settled ongoing litigation related to the regulation of concentrated animal feeding operations (CAFOs). The litigation dates back to 2003, when EPA finally proposed comprehensive regulation of CAFOs, and it centers on what actually constitutes a CAFO. The original Clean Water Act labeled CAFOs as point sources that require a […]

Alyson Flournoy | June 2, 2010

Looking Beyond Deepwater to the Horizon: Government-on-Demand Doesn’t Work (Surprise!)

In following the oil spill disaster, it can be hard to think beyond the control effort du jour to the bigger picture. I was riveted by the latest of BP’s seven failed efforts to stop the flow of oil, hoping it would succeed and that the underwater tornado of oil devastating the Gulf, the coast, […]

Daniel Farber | June 1, 2010

We’ve Known the Risks in the Gulf for Forty Years

Cross-posted from Legal Planet. We’ve known all along that offshore drilling in the Gulf placed at risk exceptionally valuable and sensitive coastal areas.  We need look no further than a forty-year-old court decision on Gulf oil drilling, which made the dangers abundantly clear. In 1971, President Nixon announced a new energy plan involving greatly expanded […]

Ben Somberg | May 28, 2010

NY Governor Paterson Holding up Mercury Reduction Initiative; Who Pays the Price?

The Albany Times Union had a nifty, if depressing, scoop over the weekend in “Paterson bottling up mercury ban at plant“: Efforts by the state Department of Environmental Conservation to ban mercury-tainted coal fly ash used by a Ravena cement plant have been bottled up for more than 19 months in a special regulations review […]