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Holly Doremus | September 23, 2009

Wishful Thinking Doesn’t Justify Grizzly Delisting

Cross-posted by permission from Legal Planet. Federal Judge Donald Molloy in Montana has ordered the Fish and Wildlife Service to restore grizzly bears in the Yellowstone area to the list of endangered and threatened species. Judge Molloy refused to allow FWS to delist the grizzly on the basis of unsupported wishful thinking about the bear’s […]

Amy Sinden | September 22, 2009

Obama’s Frank Talk on Climate at the U.N.: More Please

Imagine if the end of the world were coming and everyone was just too polite to talk about it. That’s been the eerie feeling I’ve gotten over the past eight months listening to the President talk about energy policy. Not wanting to be a downer, he couches his energy talk in positive spin: We’re going […]

Holly Doremus | September 22, 2009

A Promising Step Toward a National Ocean Policy

Cross-posted by permission from Legal Planet. In June, President Obama created an Interagency Ocean Policy Task Force, and directed it to make recommendations for a national ocean policy.  The Task Force got right to work.  Now, after convening two dozen expert roundtables, inviting public comment, and holding the first of six public sessions, the Task […]

Ben Somberg | September 21, 2009

9th Circuit’s Strong Words for EPA’s Office of Civil Rights

As first reported by Law 360 on Thursday: In a decision reversing a ruling in favor of the U.S. Environmental Protection Agency, a federal appeals court has chastised the agency’s Office of Civil Rights for what the court said was its apparent failure to consider alleged civil rights violations in a timely manner. “What the […]

Shana Campbell Jones | September 18, 2009

The Poop on Manure in the Water: We’re Sick of It

Today’s New York Times article about excess manure in the water is a stark reminder of what can happen when an environmental problem isn’t addressed: people get really sick. While the article is shocking — it describes how families in Wisconsin living close to dairy farms suffered from chronic diarrhea, stomach problems, and severe ear […]

Alejandro Camacho | September 18, 2009

Interior’s Initiative on Adaptation Will Need to Overcome a Legacy of Inaction

Secretary of the Interior Ken Salazar signed a secretarial order on Monday establishing a new department-wide strategy for gathering data and developing management options to help managers cope with the effects of climate change on resources governed by the Interior Department. The order seeks to initiate three components: A “Climate Change Response Council” to coordinate […]

David Driesen | September 17, 2009

Administrative Delay in Implementing a Cap-and-Trade Program: A Compelling Reason to Auction All Allowances

Cap-and-trade legislation making its way through Congress has become enormously complex, embodying a host of arcane political deals governing the distribution of the vast majority of emissions allowances being given away for free, with crucial details being left to EPA. This complexity threatens to hinder the effort to address climate disruption (see my article Capping […]

Daniel Farber | September 16, 2009

It’s Déjà Vu All Over Again

Cross-posted from Legal Planet. Since opponents can’t seem to come up with any new arguments against climate change legislation, they seem determined to recycle the old, discredited ones. Here’s Tuesday’s example, straight from the GOP press release: Rep. Jim Sensenbrenner, R-Wis., and Rep. Darrell Issa, R-Calif, today urged the Environmental Protection Agency to include several […]

William Andreen | September 16, 2009

One More Point on the N.Y. Times Water Article — the Problem of Nonpoint Source Pollution

Sunday’s New York Times article about the neglect of our clean water laws included a shocking example of how a regulatory gap in the Clean Water Act can harm public health. For example, the article referred to water supplies in parts of the Farm Belt that are contaminated by dangerous levels of pesticides, which originate […]