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Ben Somberg | September 29, 2009

CPR Releases Manual on Water Resources and the Public Trust Doctrine

Much of the battle to preserve and protect water resources happens at the state and local levels – in any number of policy choices advocated and made by individuals, organizations, companies, and governments. In recent years, water activists have begun to deploy a new tool geared to shape these decisions. Long-established in legal jurisprudence, the […]

Ben Somberg | September 28, 2009

WashPost Prints Lomborg

This just in: trying to stop climate change will cost the world about $50 trillion a year, but the impacts of climate change will only cost about $1 trillion a year, so the choice is clear! That’s the thesis of Bjorn Lomborg’s op-ed in Monday’s Washington Post. Presumably the flooding of much of Bangladesh doesn’t […]

James Goodwin | September 25, 2009

National Security Spending Doesn’t Have to Clear Cost-Benefit Test, Obama Administration Confirms. But Health Regulations?

Issues of national security have always enjoyed a free pass when it comes to the use of cost-benefit analysis (CBA) as the primary form of making decisions.  For example, no military official or politician interested in keeping his job would ever dare publicly question whether the additional money spent on extra armor for tanks to […]

Ben Somberg | September 25, 2009

Workplace Safety News This Week

The Chemical Safety Board released its report Thursday on the 2008 explosion at the Imperial Sugar plant in Georgia, finding that the incident was “entirely preventable” (Reuters article, full report). Ken Ward Jr. gave helpful context for the announcement and followed up afterward with the criticism from unions for the Chemical Safety Board’s “decision to […]

Christine Klein | September 24, 2009

Coveting Their Neighbor’s Water: the Importance of Hood v. City of Memphis

The interstate water wars have gone underground. For more than a century, the U.S. Supreme Court has been the arbiter of last resort to settle fights between states over the right to use surface streams that cross state lines. But now, the high Court may be asked to settle a long-standing feud between Mississippi and […]

Alice Kaswan | September 23, 2009

Second Circuit’s Decision in Connecticut v. AEP Makes Clear No One is Above the Law

The Second Circuit’s ruling Monday in State of Connecticut, et al. v. American Electric Power Company Inc., et al. revived a public nuisance lawsuit against the nation’s five largest electric power companies. The case opens the door to a potential judicial remedy for the alleged harm and increases the pressure on Congress and the Executive […]

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 […]