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Daniel Farber | July 14, 2009

The Sotomayor Hearing and the Climate Nuisance Case

This item cross-posted by permission from Legal Planet. Greenwire reports that one issue in the confirmation hearing may be a case involving climate change.  The plaintiffs sued under the federal common law of nuisance for injunctive relief against public utilities for their carbon emissions.  The case has now been pending before a panel including Judge […]

Yee Huang | July 13, 2009

Bursting the Bubble: Bottled Water & the Myth of Quality

Perhaps – as a byproduct of a recent, revealing report by the Government Accountability Office and the economic downturn – the bubble of market growth for the bottled water industry may finally deflate, if not outright burst.  Pop!  The report, released last Wednesday, further debunks the myth that the quality of bottled water is better […]

Rebecca Bratspies | July 10, 2009

Privatize the Seas? If Only Solving Overfishing Were so Easy

In this month’s Atlantic, Gregg Easterbrook writes that privatizing the seas through use of individualized transferrable quotas (ITQs) is the solution to the grave problem of overfishing. Recently, NOAA Administrator Jane Lubchenco came out strongly in favor of ITQs (which the agency is calling “catch shares”), and has committed her agency to “ transitioning to […]

Matt Shudtz | July 8, 2009

Time for Clean Science, No?

On March 9, President Obama announced a science integrity initiative aimed at taking the politics out of science. In his memorandum that day, he laid out the broad principles and instructed the director of the Office of Science and Technology Policy (OSTP) to “develop recommendations for Presidential action designed to guarantee scientific integrity throughout the […]

Ben Somberg | July 7, 2009

A Final Look Back at the Supreme Court’s 2008-2009 Term

It was, as Greenwire put it, a rough term for environmental interests; in five separate cases the Supreme Court overturned rulings that environmentalists had favored. CPR Member Scholar Amy Sinden told the NYTimes of one of the themes: “It’s become a cliché to say the Roberts court is about the expansion of executive power … […]

Holly Doremus | July 6, 2009

Bush Administration Forest Planning Rules Struck Down — Again

Cross-posted by permission from Legal Planet. For much of the past decade, the Department of Agriculture regulations governing land and resource management planning in the national forests have been a kind of political ping-pong ball, bounced back and forth between administrations, and between the executive branch and the courts. Now the U.S. District Court for […]

Rena Steinzor | July 2, 2009

Sunstein Nomination Approved by Senate Committee

As expected, Cass Sunstein's nomination for Administrator of the Office of Information and Regulatory Affairs (OIRA) was approved Wednesday by the Senate Committee on Homeland Security and Government Affairs. Senator Tom Coburn (R-Okla.) alone voted against confirmation (we’re guessing his vote was not motivated by concerns over Sunstein’s past support for cost-benefit analysis and strengthening […]

Holly Doremus | July 2, 2009

Section 7 Status Quo Reinstated

This item is cross-posted by permission from Legal Planet. Last week, Interior Secretary Salazar and Commerce Secretary Locke issued a press release announcing that they were withdrawing the Bush administration’s midnight rules relaxing the ESA section 7 consultation requirements. (Background on the Bush rules is here, here, and here.) The notice formalizing that decision has […]

Ben Somberg | July 2, 2009

Drywall News Roundup

A string of recent developments have brought the issue of contaminated drywall back into the headlines (we last wrote about the issue here). Last week EPA released the results of tests it did on two Chinese drywall samples taken from a Florida home. They found sulfur, as well as two organic compounds associated with acrylic […]