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| March 22, 2011

Does the Radiation from Japan Violate International Law When It Crosses International Boundaries?

Friday, the first traces of the plume of radioactive gas from the damaged Japanese reactors were reported to reach California. The cornerstone of international environmental law is often said to be the “prevention principle,” which says that states have “the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the […]

Rebecca Bratspies | March 21, 2011

Separating the Natural and Environmental Disasters in Japan

The twin natural disasters that struck Japan this month, earthquake and tsunami, left a trail of devastation in their path. Entire villages were lost. The death toll currently stands at more than 8,000 but is expected to rise much higher (more than 13,000 are missing). Even as survivors struggle for shelter, warmth and food, the natural […]

Robert Adler | March 18, 2011

CAFOs, Circularity and Certainty in the CWA: Fifth Circuit’s Decision in National Pork Producers Council v. EPA Raises Problems

A decision issued on March 15 by a panel of the U.S. Court of Appeals for the Fifth Circuit vacated portions of EPA’s Clean Water Act (CWA) regulations, issued most recently in 2008, governing water pollution from concentrated animal feeding operations, or “CAFOs”. In National Pork Producers Council, et al. v. United States Environmental Protection […]

Rena Steinzor | March 17, 2011

A Regulatory Czar in the Imperial Tradition: A Look at the Snowe-Coburn Small Business Regulatory Freedom Act

Who’s the most powerful person in the Executive Branch these days, other than the President, the Vice President, their chiefs of staff, and—on any given day—the Secretaries of Defense or State?   If odd Senate bedfellows Olympia Snowe (R-ME) and Tom Coburn (R-OK) have their way, the new, genuinely imperial regulatory czar will be one Dr. […]

Rena Steinzor | March 16, 2011

Thousands of Babies Clapping: Lisa Jackson Brings Mercury Home

My bet is that EPA Administrator Lisa Jackson will do a little victory dance in her office before going home this evening. She’s earned it. After 20 years of false starts, EPA is issuing today the first proposed rule to control poisonous mercury emissions from power plants. They’re doing it despite a concerted blast of […]

Rena Steinzor | March 16, 2011

As House Agriculture Committee Takes on the Chesapeake Bay Restoration, EPA Has the Law on Its Side

This morning a House Agriculture subcommittee will hold a hearing to “review the Chesapeake Bay TMDL, agricultural conservation practices, and their implications on national watersheds.” Observers should be prepared for a trip to an alternate world. The Chesapeake Bay has suffered for decades now because of nitrogen, phosphorous, and sediment pollution. Once-abundant fish, blue crab, […]

Frank Ackerman | March 15, 2011

Costs of Inaction: Popular Climate Econ Model Needs Major Overhaul

Cross-posted from Real Climate Economics. True or false: Risks of a climate catastrophe can be ignored, even as temperatures rise? The economic impact of climate change is no greater than the increased cost of air conditioning in a warmer future? The ideal temperature for agriculture could be 17 degrees C above historical levels? All true, […]

Sidney A. Shapiro | March 11, 2011

The BP Oil Spill: Hollow Regulation Meets Hobbled Law

This coming April 20 will mark the one-year anniversary of the first day of the BP Oil Spill – a three-month polluta-polluza that eventually became the largest accidental marine oil spill in the history of the world. That was the night that a long series of failures finally came to a head: failures aboard the Deepwater […]

Rena Steinzor | March 11, 2011

The Chamber Rides Again: Crazy Costs, Mythical Benefits

Not to be outdone by the Small Business Administration’s aptly named Office of Advocacy, the Chamber of Commerce has issued its own breathless report on how many jobs we could save if we did away with environmental, land use, and utility regulations. Crunching a bunch of dubious numbers, the SBA Office of Advocacy’s consultants, Nicole […]