Thursday, September 30, 2010

Toxics Release Inventory: 2009 TRI Preliminary Dataset

The TRI Basic Plus data files include the following:
Type 1: Facility, Chemical, Releases and Other Waste Management Summary Information
Type 2:
a: Detailed Source Reduction Activities and Methods
b: Detailed On-Site Waste Treatment Methods and Efficiency
Type 3:
a: Details of Transfers Off-site
b: Details of Transfers to Publicly Owned Treatment Works (POTW)
Type 4: Details of Facility Information
Type 5: Additional Information on Source Reduction, Recycling and Pollution Control

A USDA Regional Roadmap to Meeting the Biofuels Goals of the Renewable Fuels Standard by 2022

This USDA Biofuels Strategic Production Report, dated June 23, 2010 is intended to start compiling real world data that would indicate the size and scope of the investments necessary to achieve 36 billion gallons of renewable biofuels by 2022.

What USDA has shown in this report is:
(1) A rapid build-up in production capabilities is needed to meet the RFS2 targets for cellulosic biofuels.
(2) The scope of the monetary investment for biorefineries is substantial.
(3) It is important to consider both sides of the market – the production/supply side and mandate/consumption side – and how they respond to the RFS2 mandate.
(4) There are current infrastructure needs, in the form of blender pumps and rail and trucking infrastructure which are in varying stages of being addressed by the market, though a careful assessment of barriers to their development is needed.
(5) The U.S. farm sector is capable of producing a diverse complement of feedstocks to make the biofuels industry a truly national effort.
(6) In addition, a process for identifying bottlenecks and barriers related to locating biorefineries involving the federal government, Congress, states, the industry and interested stakeholders can help facilitate a biorefinery system that is national in scope.

U.S. Natural Gas Imports & Exports: 2009

This report provides an overview of U.S. international natural gas trade in 2009. Natural gas import and export data, including liquefied natural gas (LNG) data, are provided through the year 2009. In 2009, net U.S. imports of natural gas were the lowest since 1994, representing just 12 percent of total consumption. The primary underlying cause for the lower level of net imports was continued strong levels of natural gas production in the lower 48 States. Dry natural gas production increased 3.3 percent compared with 2008 and was nearly 9 percent higher than in 2007. With these recent gains in domestic production, the United States is now the largest producer of natural gas in the world. U.S. domestic consumption decreased in 2009, which in turn contributed to a reduced demand for imports. Although liquefied natural gas (LNG) gross imports increased almost 30 percent (from a 5-year low established in 2008), LNG remains a very small source of supplies for the United States, accounting for less than 2 percent of consumption.

Commercial Buildings Energy Consumption Survey Report

This Report dated September 29, 2010, provides an in-depth look at this building type as reported in the 2003 Commercial Buildings Energy Consumption Survey. Office buildings are the most common type of commercial building and they consumed more than 17 percent of all energy in the commercial buildings sector in 2003. This special report provides characteristics and energy consumption data by type of office building (e.g. administrative office, government office, medical office) and information on some of the types of equipment found in office buildings: heating and cooling equipment, computers, servers, printers, and photocopiers."

Wednesday, September 29, 2010

Conserving Borderline Species: A Partnership Between the United States and Canada

This report provides examples of cooperation between the U.S. and Canada to save endangered species that are common to both nations. The U.S. lists those species determined by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service to be threatened or endangered under the Endangered Species Act.

In the United States, 33 animal and plant species on this list also occur in Canada. The Canadian list includes those species determined to be nationally at risk by the Committee on the Status of Endangered Wildlife in Canada (COSEWIC), an independent scientific body with representatives from Federal, Provincial, Territorial, and private agencies as well as independent experts. In Canada, 125 animal and plant species on this list are also found in the United States.

Joint U.S.-Canada conservation efforts are already underway. The 10 examples profiled on the following pages illustrate ways that binational efforts can improve a species’ chance of survival and recovery. American and Canadian biologists share research, coordinate habitat protection, assist one another with on-the-ground species protection activities, and conduct joint reintroduction efforts.

2010 Dead Zone - One of the Largest Ever

This report from the Louisiana Universities Marine Consotium Dated August 2, 2010 finds that the area of hypoxia, or low oxygen, in the northern Gulf of Mexico west of the Mississippi River delta covered 20,000 square kilometers (7,722 square miles) of the bottom and extended far into Texas waters. The relative size is close to New Jersey. The critical value that defines hypoxia is 2 mg/L, or ppm, because trawlers cannot catch fish or shrimp on the bottom when oxygen falls lower. This summer’s hypoxic zone ("dead zone") is one of the largest measured since the team of researchers from Louisiana Universities Marine Consortium and Louisiana State University began routine mapping in 1985.

Status and Trends of Wetlands In The Coastal Watersheds of the Eastern United States 1998 to 2004

This report is the result of a cooperative effort between the National Oceanic and Atmospheric Administration’s and the U.S. Fish and Wildlife Service. In the time period encompassed by this study, trends suggested the country as a whole was gaining wetlands. From 1998 to 2004, wetland gains in the conterminous United States were estimated to have been 32,000 acres (12,960 ha) annually. The fact that coastal watersheds were losing wetlands despite the national trend of net gains points to the need for more research on the natural and human forces behind these trends and to an expanded effort on conservation of wetlands in these coastal areas.

Monday, September 27, 2010

New Law Library Acquisitions

Some we love, some we hate, some we eat : why it's so hard to think straight about animals / Hal Herzog

The law of green buildings : regulatory and legal issues in design, construction, operations, and financing / J. Cullen Howe and Michael B. Gerrard, editors ; Frederick R. Fucci, contributing editor

Climate change litigation and law / Jean-François Masson, editor

Climate change science compendium 2009 / managing editor, Catherine P. McMullen ; associate editor, Jason Jabbour

Regulating health and environmental risks under WTO law : a critical analysis of the SPS agreement / Lukasz Gruszczynski

25th Annual International Coastal Cleanup

Ocean Conservancy's International Coastal Cleanup engages people to remove trash and debris from the world's beaches and waterways, identify the sources of debris, and change the behaviors that cause marine debris in the first place. Join us this September 25: Sign up for a Cleanup near you and get involved today!

National Public Lands Day

September 25 - National Public Lands Day.

Join the National Environmental Education Foundation in celebrating and protecting our nation's public lands - wherever you live! National Public Lands Day is a great opportunity to help the environment while exploring some of our nation's amazing great outdoors with your friends and family. NPLD is the nation's largest hands-on volunteer effort to improve and enhance our public lands. Last year 150,000 volunteers joined together around the country to celebrate service and recreation by planting trees, removing trash, building trails and bridges and restoring our water resources.

DOE Webinar September 29: Driving Demand for Home Energy Improvements

The U.S. Department of Energy (DOE) Technical Assistance Project (TAP) for state and local officials will present a Webinar on Wednesday, September 29, 2010 about the factors that drive the market for residential energy improvements.

The Technical Assistance Project supports projects funded under the American Recovery and Reinvestment Act under the State Energy Program (SEP) and Energy Efficiency and Conservation Block Grant Program (EECBG). It provides states, cities, and tribes with the tools and resources needed to implement successful, sustainable renewable energy projects and deploy cost-effective, clean, and reliable energy-saving technologies in buildings and infrastructure nationwide.

At the Webinar, participants will hear about a soon-to-be-released report from DOE’s Lawrence Berkeley National Laboratory that includes case studies and best practices for increasing participation in residential energy efficiency programs and for promoting energy efficiency. Participants will also hear about the Center for Energy and the Environment "One Stop" Community Energy Services program in Minnesota, which provides a multi-step residential energy efficiency program that includes major home energy improvements, installation of low cost materials, and reinforcement of good energy habits.

The presentation will take place Wednesday, September 29, from 3:00 to 4:15 p.m. Eastern Daylight Time, and is titled Driving Demand for Home Energy Improvements: Lessons from the Field.

The Road Ahead: The Obstacles and Pitfalls to New Jersey’s Implementation of the LSRP Program -- ABA CLE

This live ABA Continuing Legal Education program is an interactive seminar involving nationally known environmental lawyers, in-house counsel and consultants who will discuss the details and implications of New Jersey’s Site Remediation Reform Act, in particular the Licensed Site Remediation Professional Program. The impact of this program on environmental practitioners will be far reaching and extraordinary. From the manner in which environmental consultants will be retained and site investigations & clean-ups accomplished, to the ethical, work product and litigation considerations counsel will need to evaluate and address, the LSRP Program represents a sea-change in the way environmental counsel will practice their trade in the years to come.

Issues to be addressed include:
• A summary of New Jersey's SRRA/LSRP, an overview of the privilege/ethics issues raised by this program and an out of state attorney's view of how a similar program works in other states.
• Legal issues that need to be clarified and addressed in order for New Jersey's program to be effective, including contractual issues, risk management and liability issues, agency issues and the independence of the LSRP.

Wednesday, October 27, 2010
1:30pm - 3:45pm
Seton Hall Law School
Newark, NJ

MCLE credit has been requested.
Meeting Registration Fees:
Section of Litigation Member - $40.00
Non-Section Member - $95.00

DOE Announces Dates for the U.S. Department of Energy Solar Decathlon 2011

The U.S. Department of Energy (DOE) announced the dates for Solar Decathlon 2011, a competition that challenges collegiate students from across the globe to design, build and operate solar-powered houses that are cost-effective, energy-efficient, attractive, and easy to live in. The Opening Ceremony of the U.S. Department of Energy Solar Decathlon 2011 will be held on the National Mall on Thursday, September 22, 2011, and the Solar Village will be open to the public from Friday, September 23 through Sunday, October 2.

New York City Outdoors: An Environmental Education Expo

For Educators & Students

Wednesday, October 6th

6pm to 9pm

NYU Kimmel Center
Eisner & Lubin Auditorium

please RSVP to
or call 212-992-9362
Free refreshments will be provided!

A great opportunity for peer networking and socializing!

Learn about in-class programs and field trips including, composting, growing oysters, overnight fieldtrips, fishing and seining, gardening, using new york city park's as a classroom, harvesting solar power and citizen science programs!

This event is hosted by The River Project, New York City Soil & Water Conservation District and Wallerstein Collaborative for Urban Environmental Education at NYU Steinhardt.

In celebration with NYU's Wallerstein Collaborative for Urban Environmental Education 10th Aniversary!

Partial funding provided by New York City Environmental Fund.

Wednesday, September 22, 2010

Recent New York Environmental Legislation

Chapter 494 Bill No. A8687B Rosenthal (MS) -- Prohibits the sale and use of wheel weights containing lead.

Chapter 485 Bill No. A2294 Thiele -- Relates to the taking of fish for commercial purposes.

Chapter 483 Bill No. A924E DelMonte (MS) -- Authorizes the department of environmental conservation to promulgate standards authorizing hunting with a crossbow; repealer.

Chapter 449 Bill No. A11178A Paulin -- Relates to the disposition of abandoned animals.

Recent Federal Environmental Legislation

S.3473 : A bill to amend the Oil Pollution Act of 1990 to authorize advances from Oil Spill Liability Trust Fund for the Deepwater Horizon oil spill.
Sponsor: Sen Reid, Harry [NV] (introduced 6/9/2010) Cosponsors (None)
Latest Major Action: Became Public Law No: 111-191 [GPO: Text, PDF]

S.3372 : A bill to modify the date on which the Administrator of the Environmental Protection Agency and applicable States may require permits for discharges from certain vessels. Sponsor: Sen Boxer, Barbara [CA] (introduced 5/13/2010) Cosponsors (15) Committees: Senate Environment and Public Works Senate Reports: 111-209 Latest Major Action: Became Public Law No: 111-215 to GPO Text, PDF]

The Gulf Oil Crisis: Enforcement & Claims Handling Update -- ABA CLE

This American Bar Association continuing legal education teleconference includes attorneys working on various facets of the BP blow out, will break down the civil and criminal litigation resulting from the Deep Water Horizon incident, where those matters stand, and where they may be headed. The panel will also discuss and evaluate the claims handling process under the Oil Pollution Act ("OPA") and the Gulf Coast Claims Facility, the fund administered by Ken Feinberg, including the protocols for the handling of those claims under that fund.

Date: Wednesday, October 13, 2010
Format: Teleconference and Live Audio Webcast
Duration: 90 minutes

Transboundary flood risk management: experiences from the UNECE region

A 2009 publication of the United Nations Economic Commission For Europe pursuant to the Convention on the Protection and Use of Transboundary Watercourses and International Lakes.

This publication describes problems and progress made regarding transboundary flood management in 10 transboundary river basins in the UNECE region. It also presents a number of useful tools for managing transboundary flood risk, for joint flood forecasting, flood warning and exchange of data, joint flood risk management planning and implementation and useful legal and institutional arrangements for cooperation.

Financing Global Climate Change -- Economic Commission for Europe

This report by the United Nations Economic Commission for Europe (ECE ENERGY SERIES No. 37) finds that Energy efficiency is among the most effective method of mitigating climate change. This has been upheld by the United Nations Regional Commissions that support, among others, energy efficiency market formation and facilitate the identification and development of bankable investment projects for climate change mitigation. The review of financing mechanisms can be relevant when considering new carbon market instruments. The UN Regional Commissions aim at spreading the knowledge of and stimulating discussion on models and best practices for replication with due adaptation under proper market conditions. The goal is to combine technical assistance in the design and implementation of investment projects, advice on policy and institutional reforms and direct links with investment funds in order to establish mechanisms able to fast-track the
development of self-sustained markets for energy efficiency and renewable energy and to facilitate compliance with future legally binding reduction targets for greenhouse gasses (GHGs).

o Aviation and the Environment: Systematically Addressing Environmental Impacts and Community Concerns Can Help Airports Reduce Project Delays

This Government Accountability Office Report (GAO-10-50) dated September 2010, addresses (1) airports’ actions to reduce their environmental impacts, (2) the extent airports believe environmental issues delay development or operational changes, and (3) the strategies airports can adopt to address environmental issues. GAO reviewed pertinent federal laws and regulations; interviewed airport officials, state and local regulatory agencies, metropolitan planning organizations, and community groups for 10 selected airports, as well as federal officials and national industry and advocacy groups; and surveyed the 150 busiest airports as measured by the number of operations. This report does not contain recommendations.

The ‘Good Life’: Imagining Alternative Futures -- Conference Call for Papers

The ‘Good Life’: Imagining Alternative Futures is a Conference on the Environment being held on Friday, November 5, 2010 at the Pace University New York City Campus.

The conference is hosted by the Pace Institute for Environmental and Regional Studies (PIERS) and the Pace Environmental Studies Program (ENV)

Discussion topics:
Historians and others have depicted the twentieth century in a variety of terms. Some refer to it as the ‘age of extremes’, others as the ‘age of anxiety’, and still others as the ‘age of science” or the ‘age of analysis’; but none have been foolish enough to call it the ‘age of the good life’ and compose eclogues in praise of it, and for very good reasons. There is growing public awareness, though far from reaching any consensus on solutions, that the institutional structures of the present are not providing the ‘good life’ for too many people. And the global environmental crisis is compelling evidence that the Enlightenment project of the ‘perfection of humanity’ has utterly failed to produce even a shadow image of the ‘good life’.

This conference is a forum to discuss competing but environmentally grounded conceptions of the ‘good life’. We invite panels, papers, and posters from all who find value in collaboration and view the environment as a unifying element in that collaboration. Preference will be given to contributions that represent interdisciplinary approaches to defining the ‘good life’ in environmental terms from the widest range of disciplines, including environmental studies, philosophy, theology, history, geography, anthropology, sociology, political science, economics, psychology, cultural studies, urban studies, women’s studies, and more.

The deadline for abstracts is October 1, 2010. Notifications will be sent 10 days later. To register for the conference and submit your abstract, please go to the conference website. For further information, contact Dr. Robert Chapman or Dr. Judith Pajo .

Few Say Religion Shapes Immigration, Environment Views -- Pew Research Center

This report shows the results of the Pew Religion and the Issues: Results from the 2010 Annual Religion and Public Life Survey. Is shows that religion tends not to play a large role in an individual's position on environmental issues.

Tuesday, September 21, 2010

New Library Acquisitions -- Pace Law Library

Biodiversity and climate change : reports and guidance developed under the Bern Convention

Using tax incentives to conserve and enhance biodiversity in Europe = Les incitations fiscales et la protection de la biodiversité en Europe / Clare Shine

Community-based adaptation to climate change / [guest editors, Hannah Reid ... et al.]

Texts adopted by the Standing Committee, 2001-2004 : Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979)

Texts adopted by the Standing Committee, 2005-2008 : Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979)

An introduction to mathematical models in ecology and evolution : time and space / Michael Gillman

Sustainable tourism and the law : coping with climate change / Navamin Chatrayamontri, under the supervision of Nicholas A. Robinson

The fate of nature : rediscovering our ability to rescue the earth / Charles Wohlforth

EU land markets and the common agricultural policy / Paval Ciaian, d'Artis Kancs and Johan F.M. Swinnen

Transnational environmental governance : the origins and effects of the certification of forest and fisheries / Lars H. Gulbrandsen

Environmental refugees : a legal perspective / Silke Marie Christiansen

From sprawl to sustainability : smart growth, new urbanism, green development, and renewable energy / Robert H. Freilich, Robert J. Sitkowski and Seth D. Mennillo

Planning for a new energy and climate future / Scott Shuford, Suzanne Rynne, and Jan Mueller

The lawyer's guide to lead paint, asbestos, and Chinese drywall / Alan Kaminsky and Karen Campbell

The SEQR handbook [electronic resource] / New York State Department of Environmental Conservation, Division of Environmental Permits

The world ocean : international legal regime / A.L. Kolodkin, V.N. Gutsuliak, Iu.V. Bobrova ; edited and translated [from the Russian] by William E. Butler

Philosophical foundations for the practices of ecology / William A. Reiners, Jeffrey A. Lockwood

Governance for the environment : new perspectives / edited by Magali A. Delmas, Oran R. Young

Greening governance : an evolutionary approach to policy making for a sustainable built environment / [Ellen van Bueren]

Beyond developmentality : constructing inclusive freedom and sustainability / Debal Deb

Toxic torts in a nutshell / by Jean Macchiaroli Eggen

Monday, September 20, 2010

Challenges and Opportunities for Financing Transboundary Water Resources Management and Development in Africa -- EUWI

This European Union Water Initiative report dated May 28, 2010 outlines challenges and opportunities related to financing transboundary waters along the key water related activities (Diagram 2) identified making up good water management and development. There is currently a persistent under investment in water resulting in large numbers of people being unserved, benefits from water use not developed, and the continued degradation of water based ecosystems. Riparian countries and donors are voicing a concern that TWM support is not resulting in tangible benefits.

From a TWM perspective this analysis argues that there has been too much focus on the governance and planning aspects of water from a basin perspective and too little focus on how to facilitate the generation of goods and services and the role water plays in regional integration.

EUWI 2010 Annual Report

This European Union Water Initiative Annual Report covers the Initiative's work in the Eurpopean Union, Africa and Asia.

IEA Wind Energy Annual Report 2009

This annual Report by the International Energy Agency states that wind generation capacity increased in every country except Austria, with totals ranging from the United States with 35,086 MW to Switzerland with about 18 MW (Table 3). A growing trend is repowering—the replacement of older, smaller turbines with fewer, larger turbines representing the state of the art in power production.

Annual national electrical demand for 2009 decreased in 12 of the 19 countries
reporting. The percent contribution of wind-generated electricity increased overall
and new records were set.

North-East Atlantic Environment Summit

The Norwegian Ministry of the Environment will host the Ministerial Meeting of the OSPAR Commission in Bergen, Norway, 23 - 24 September 2010

The Ministers and representatives from the 16 Contracting Parties, with the invited governmental observers from our near neighbours in the Baltic region Estonia, Latvia, Lithuania, Poland, and the Russian Federation, together with the countries bordering the North Atlantic including Canada and the United States of America and the invited observers from intergovernmental and non-governmental organisations will be present.

U.S. Climate Action in 2009–2010 -- WRI Fact Sheet

This World Resoucres Institute report finds that while federal climate change legislation has stalled, federal agencies, states, and Congress made some progress on controlling greenhouse gas emissions in the past two years.

Recent Law Review Articles -- September 2010

Bressman, Lisa Schultz and Robert B. Thompson. The future of agency independence. 63 Vand. L. Rev. 599-672 (2010).

Goering, J. Lyn Entrikin. Tailoring deference to variety with a wink and a nod to Chevron: the Roberts Court and the amorphous doctrine of judicial review of agency interpretations of law. 36 J. Legis. 18-90 (2010).

Rubenstein, David S. “Relative checks”: towards optimal control of administrative power. 51 Wm. & Mary L. Rev. 2169-2241 (2010).

Linnekin, Baylen J. The “California effect” & the future of American food: how California’s growing crackdown on food & agriculture harms the state & the nation. 13 Chapman L. Rev. 357-389 (2010).

Pasquinelli, Sara N. One false move: the history of organic agriculture and consequences of non-compliance with the governing laws and regulations. 3 Golden Gate U. Envtl. L.J. 365-393 (2010).

Powers, Melissa. King Corn: will the Renewable Fuel Standard eventually end corn ethanol’s reign? 11 Vt. J. Envtl. L. 667-708 (2010).

Rolleri, Jacqueline S. Comment. Offshore wind energy in the United States: regulations, recommendations, and Rhode Island. 15 Roger Williams U. L. Rev. 217-247 (2010).

Gibbons, Holly Anne. Incorporating animal law into private practice. 16 Animal L. 207-211 (2010).

Haupt, Claudia E. The nature and effects of constitutional state objectives: assessing the German Basic Law’s animal protection clause. 16 Animal L. 213-257 (2010).

Huss, Rebecca J. Why context matters: defining service animals under federal law. 37 Pepp. L. Rev. 1163-1216 (2010).

Lewis, Melissa. The regulation of kosher slaughter in the United States: how to supplement religious law so as to ensure the humane treatment of animals. 16 Animal L. 259-285 (2010).

McGinnis, Robin C., Legislative Review Editor and students Jennifer O’Brien and Randall Szabo. 2009 legislative review. 16 Animal L. 371-401 (2010).

Schoenbaechler, Danny. Note. Autism, schools, and service animals: what must and should be done. 39 J.L. & Educ. 455-464 (2010).

Hamzah, B.A. Malaysia and the Southern Ocean: revisiting the question of Antarctica. 41 Ocean Dev. & Int’l L. 186-195 (2010).

Kraska, James. From pariah to partner—Russian-American security cooperation in the Arctic Ocean. 16 ILSA J. Int’l & Comp. L. 517-534 (2010).

Mendez, Tessa. 2008-2009 Leonard V.B. Sutton Award. Thin ice, shifting geopolitics: the legal implications of Arctic ice melt. 38 Denv. J. Intl’l L. & Pol’y 527-547 (2010).

Lehavi, Amnon. Is law unbounded? Property rights and control of social groupings. (Reviewing Lee Anne Fennell, The Unbounded Home: Property Values Beyond Property Lines.) 35 Law & Soc. Inquiry 517-546 (2010).

Magnus, Jon-Erik W. Comment. Lyon’s roar, then a whimper: the demise of broad arranger liability in the Ninth Circuit after the Supreme Court’s decision in ... (Burlington N. & Santa Fe Ry. Co. v. United States, 129 S. Ct. 1870, 2009.) 3 Golden Gate U. Envtl. L.J. 427-457 (2010).

Latham, Mark A. (Un)restoring the chemical, physical, and biological integrity of our nation’s waters: the emerging Clean Water Act jurisprudence of the Roberts Court. 28 Va. Envtl. L.J. 411-482 (2010).

Flatt, Victor B. Adapting energy and environmental policy for climate change. 11 Vt. J. Envtl. L. 655-665 (2010).

Metcalf, Gilbert E. Cost containment in climate change policy: alternative approaches to mitigating price volatility. 29 Va. Tax Rev. 381-405 (2009).

Byrne, J. Peter. Rising seas and common law baselines: a comment on regulatory takings discourse concerning climate change. 11 Vt. J. Envtl. L. 625-639 (2010).

Sax, Joseph L. Some unorthodox thoughts about rising sea levels, beach erosion, and property rights. 11 Vt. J. Envtl. L. 641-654 (2010).

Wiseman, Hannah. Regulatory adaptation in fractured Appalachia. 21 Vill. Envtl. L.J. 229-292 (2010).

Logan, Tracy J. Carbon Down Under—lessons from Australia: two recommendations for clarifying subsurface property rights to facilitate onshore geologic carbon sequestration in the United States. 11 San Diego Int’l L.J. 561-599 (2010).

Chen, Joey Tsu-Yi. Green SOX for investors: requiring companies to disclose risks related to climate change. 5 J. Bus. & Tech. L. 325-356 (2010).

Mullikin, Nancy. Holding the “responsible corporate officer” responsible: addressing the need for expansion of criminal liability for corporate environmental violators. 3 Golden Gate U. Envtl. L.J. 395-426 (2010).

Charnovitz, Steve. Reviewing carbon charges and free allowances under environmental law and principles. 16 ILSA J. Int’l & Comp. L. 395-412 (2010).

Kaswan, Alice. Decentralizing cap-and-trade? State controls within a federal greenhouse gas cap-and-trade program. 28 Va. Envtl. L.J. 343-410 (2010).

Marx, Daniel R. Grass root bureaucrats: how prediction markets can incentivize citizens to fill ESA data gaps. 66 N.Y.U. Ann. Surv. Am. L. 129-172 (2010).

Clark, Kimberly Nicole. No democracy for animal lovers: the exclusion and marginalization of animal rights activists in America. 31 Whittier L. Rev. 319-343 (2009).

Gresser, Edward. Labor and environment in trade since NAFTA: activists have achieved less, and more, than they realize. 45 Wake Forest L. Rev. 491-525 (2010).

Grubbs, Kevin R. Saving lives or spreading fear: the terroristic nature of eco-extremism. 16 Animal L. 351-370 (2010).

Trimble, Travis M. Environmental law. 61 Mercer L. Rev. 1095-1111 (2010).

Federici, Valery. Genetically modified food and informed consumer choice: comparing U.S. and E.U. labeling laws. 35 Brook. J. Int’l L. 515-561 (2010).

Smith, Tempe. Note. Going to seed?: using Monsanto as a case study to examine the patent and antitrust implications of the sale and use of genetically modified seeds. 61 Ala. L. Rev. 629-648 (2010).

Kilbert, Kenneth K. The public trust doctrine and the Great Lakes shores. 58 Clev. St. L. Rev. 1-58 (2010).

Showalter, Stephanie and students Alex Porteshawver and Jennifer Tahtinen. Converting the Erie Pier Confined Disposal Facility to a processing and refuse facility: is an interstate compact a necessary component? 41 J. Mar. L. & Com. 197-234 (2010).

Eichenberg, M. Benjamin. Greenhouse gas regulation and border tax adjustments: the carrot and the stick. 3 Golden Gate U. Envtl. L.J. 283-364 (2010).

Duong, Tiffany T.V. Comment. When islands drown: the plight of “climate change refugees” and recourse to international human rights law. 31 U. Pa. J. Int’l L. 1239-1266 (2010).

Francioni, Francesco. International human rights in an environmental horizon. 21 Eur. J. Int’l L. 41-55 (2010).

Coldwell, Heather Ahlstrom. Comment. Fee simple estate and footholds in fishing: the Australian High Court’s formalistic interpretation of the Aboriginal Land Rights Act. 19 Pac. Rim L. & Pol’y J. 303-329 (2010).

Korman, Seth. Indigenous ancestral lands and customary international law. 32 U. Haw. L. Rev. 391-462 (2010).

Chang, Hannah. International executive agreements on climate change. 35 Colum. J. Envtl. L. 337-372 (2010).

Kornfeld, Itzchak. A global water apartheid: from revelation to resolution. 43 Vand. J. Transnat’l L. 701-731 (2010).

Nanda, Ved P. Climate change and developing countries: the international law perspective. 16 ILSA J. Int’l & Comp. L. 539-556 (2010).

Wiersema, Annecoos. The new international law-makers? Conferences of the Parties to multilateral environmental agreements. 31 Mich. J. Int’l L. 231-287 (2009).

Labor and Environmental Protection in Free Trade Agreements: A New Paradigm? Articles by Chris Wold, Kevin Kolben, John H Knox, David Markell, Isabel Studer and Edward Gresser. 45 Wake Forest L. Rev. 319-525 (2010).

Batchis, Wayne. Enabling urban sprawl: revisiting the Supreme Court’s seminal zoning decision Euclis v. Ambler in the 21st century. 17 Va. J. Soc. Pol’y & L. 373-403 (2010).

Fox, David. Halting urban sprawl: smart growth in Vancouver and Seattle. 33 B.C. Int’l & Comp. L. Rev. 43-59 (2010).

Hirokawa, Keith H. and Patricia Salkin. Can urban university expansion and sustainable development co-exist?: a case study in progress on Columbia University. 37 Fordham Urb. L.J. 637-697 (2010).

Smith, Nate. Extraterritorial condemnation for open space and parks: a look at Town of Telluride v. San Miguel Valley Corp.’s effect on Colorado and the Mountain West. 11 Vt. J. Envtl. L. 779-804 (2010).

Pedrozo, Raul (Pete). Is it time for the United States to join the Law of the Sea Convention? 41 J. Mar. L. & Com. 151-166 (2010).

London, William Brian. The Fifth Circuit “SLAPPs” back: immediate appeal of anti-SLAPP motions under the collateral order doctrine in ... (Henry v. Lake Charles Am. Press, L.L.C., 566 F.3d 164 2009.) 84 Tul. L. Rev. 1335-1346 (2010).

Nolte, David R. Exxon v. Baker: legislating spills into the judiciary: how the Supreme Court sunk maritime punitive damages. (Exxon Shipping Co. v. Baker, 128 S. Ct. 2605, 2008.) 5 J. Bus. & Tech. L. 377-404 (2010).

Zuardo, Tara. Comment. Habitat-based conservation legislation: a new direction for sea turtle conservation. 16 Animal L. 317-350 (2010).

Chastain, Richard Aaron. Cleaning up punitive damages: a statutory solution for unguided punitive-damages awards in maritime cases. 63 Vand. L. Rev. 813-843 (2010).

Hebert, Cory. Ballast water management: federal, states, and international regulations. 37 S.U. L. Rev. 315-351 (2010).

King, Dennis M. and Mario N. Tamburri. Verifying compliance with ballast water discharge regulations. 41 Ocean Dev. & Int’l L. 152-165 (2010).

Papavizas, Constantine G. and Gerald A. Morrissey III. Does the Jones Act apply to offshore alternative energy projects? 34 Tul. Mar. L.J. 377-441 (2010).

McGinley, Patrick C. Bundled rights and reasonable expectations: applying the Lucas categorical taking rule to severed mineral property interests. 11 Vt. J. Envtl. L. 525-578 (2010).

Jarboe, Melanie Riccobene. Collective rights to indigenous land in ... (Carcieri v. Salazar, 129 S. Ct. 1058, 2009.) 30 B.C. Third World L.J. 395-415 (2010).

Schifman, Ben. Note. The limits of NEPA: consideration of the impacts of terrorism in environmental impact statements for nuclear facilities. 35 Colum. J. Envtl. L. 373-405 (2010).

Álvares-Verdugo, Milagros. Will climate change alter the NPT political balance? New challenges for the non-proliferation regime. 21 Eur. J. Int’l L. 205-219 (2010).

Wastler, Benjamin. Note. Having its yellowcake and eating it too: how the NSG waiver for India threatens to undermine the nuclear nonproliferation regime. 33 B.C. Int’l & Comp. L. Rev. 201-217 (2010).

Hall, Matthew. A catastrophic conundrum, but not a nuisance: why the judicial branch is ill-suited to set emissions restrictions on domestic energy producers through the common law nuisance doctrine. 13 Chapman L. Rev. 265-296 (2010).

Larson, Jennifer. Comment. Challenges under OCSLA and the future of offshore drilling under the Obama Administration. 13 SMU Sci. & Tech. L. Rev. 55-87 (2009).

Erutku, Can and Vincent A. Hildebrand. Conspiracy at the pump. 53 J.L. & Econ. 223-237 (2010).

Hiorth, Megan. Are traditional property rights receding with renewable energy on the horizon? 62 Rutgers L. Rev. 527-558 (2010).

Eichenberg, Tim, Darcy Vaughn and student Sean Bothwell. Climate change and the public trust doctrine: using an ancient doctrine to adapt to rising sea levels in San Francisco Bay. 3 Golden Gate U. Envtl. L.J. 243-281 (2010).

Warner, Bridget M. Note. Sacking the culture of convenience: regulating plastic shopping bags to prevent further environmental harm. 40 U. Mem. L. Rev. 645-680 (2010).

The Future of Energy Policy: A National Renewable Portfolio Standard. Introduction by Emilee Mooney Scott; article by Lincoln L. Davies; responses by Joshua P. Fershee, Jim Rossi, David B. Spence and Lynn M. Fountain. 42 Conn. L. Rev. 1337-1491 (2010).

Barrios, Sarah M. Meeting expectations: Arizona’s approach to the “potentially responsible party” notification and coverage under Commercial General Liability policies. 42 Ariz. St. L.J. 381-410 (2010).

Shavell, Steven. Eminent domain versus government purchase of land given imperfect information about owners’ valuations. 53 J.L. & Econ. 1-27 (2010).

Siegel, Daniel L. and Robert Meltz. Temporary takings: settled principles and unresolved questions. 11 Vt. J. Envtl. L. 479-523 (2010).

Underkuffler, Laura S. Takings and the problem of value: grappling with truth in land-restriction cases. 11 Vt. J. Envtl. L. 465-477 (2010).

Maitra, Neel. Note. Access to environmentally sound technology in the developing world: a proposed alternative to compulsory licensing. 35 Colum. J. Envtl. L. 407-445 (2010).

Green, Bryan A. The Guarani Aquifer & international groundwater law: advancing towards a legal framework for the management of a transboundary aquifer. 13 U. Denv. Water L. Rev. 361-387 (2010).

Benson, Reed D. A bright idea from the Black Canyon: federal judicial review of reserved water right settlements. 13 U. Denv. Water L. Rev. 229-281 (2010).

Craig, Robin Kundis. Adapting water law to public necessity: reframing climate change adaptation as emergency response and preparedness. 11 Vt. J. Envtl. L. 709-756 (2010).

Davidson, John H. Adapting to climate change: transbasin water diversions and an example from the Missouri River Valley. 11 Vt. J. Envtl. L. 757-777 (2010).

Echeverria, John D. Is regulation of water a constitutional taking? 11 Vt. J. Envtl. L. 579-624 (2010).

Garleb, Heather. PDG Land Development, Inc. v. Commonwealth of Pennsylvania Department of Environmental Protection: Pennsylvania’s Environmental Hearing Board declares all streams are created equal. 21 Vill. Envtl. L.J. 407-428 (2010).

Hughes, Richard A. Pro-justice ethics, water scarcity, human rights. 25 J.L. & Relig. 521-540 (2009-10).

Kwasniak, Arlene J. Water scarcity and aquatic sustainability: moving beyond policy limitations. 13 U. Denv. Water L. Rev. 321-360 (2010).

Floryan, Michael. Cracking the foundation: highlighting and criticizing the shortcomings of mandatory inclusionary zoning practices. 37 Pepp. L. Rev. 1039-1112 (2010).

Michael, Jeffrey A. and Raymond B. Palmquist. Environmental land use restriction and property values. 11 Vt. J. Envtl. L. 437-464 (2010).

Creating an Offshore Wind Industry in the United States: A National Vision and Call to Action Seminar -- DOE Seminar

In these events, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE), Wind and Water Power Program will outline in detail the vision it has developed to guide the United States in the creation of a world-leading offshore wind industry; focusing on ways in which the various interested sectors (i.e. academia, industry, state and local governments, the public at large) can harmonize their efforts to address barriers to deployment.

The first will be held during the Great Lakes Wind Collaborative 3rd Annual Meeting on September 21, 9:30-11a.m., in Cleveland, OH. To register, please email Michele DesAutels by Wednesday, September 15. Space is limited! (Note: if you plan to attend the whole Great Lakes Wind Collaborative meeting, you need to register by September 8; see the GLWC Web site.)

The second will be held in Washington, D.C. on September 28 at a location to be determined - Save the Date! To reserve your seat, please email Michele DesAutels by Wednesday, September 22.

United Kingdom Country Analysis Brief -- EIA

This Report from the U.S. Energy Information Administration finds that the United Kingdom (UK) is the largest producer of oil and second-largest producer of natural gas in the European Union (EU). After years of being a net exporter of both fuels, the UK became a net importer of natural gas and crude oil in 2004 and 2005, respectively. Production from UK oil and natural gas fields peaked in the late 1990s and has declined steadily over the past several years, as the discovery of new reserves has not kept pace with the maturation of existing fields. In response, the government has begun a three-pronged approach to address the predicted domestic shortfalls: 1) increasing domestic production; 2) establishing necessary import infrastructure, such as liquefied natural gas (LNG) receiving terminals and transnational pipelines; and 3) investing in energy conservation and renewables.

State Nuclear Profiles 2010 --EIA

The newly-formatted State Nuclear Profiles contains 2008 final data on nuclear generation and capacity, significant facts about the local nuclear industry, nuclear plant construction costs, dates of commercial reactor operation and license expiration, and type of cooling system. Tables also compare nuclear and other output and capacity.

Friday, September 17, 2010

Rowhouse Manual -- NYC Landmark Preservation Committee

The Landmarks Preservation Commission has updated and revised its "Rowhouse Manual," a guide designed to help the owners of rowhouses in New York City's historic districts preserve and maintain their remarkable homes and work successfully with the agency when exterior alterations are needed.

Animals in Crisis: Using The Laws We Have, Getting The Laws We Need -- Conference

This Conference on Animal Law will take place on October 15-17, 2010 at Lewis & Clark Law School, Portland, Oregon.

Dr. Sheri Speede of In Defense of Animals-Africa, and Katrina Sharman, general counsel for Voiceless, the Animal Protection Institute (Australia), will deliver two special keynote addresses. Dr. Speede and Ms. Sharman will present along with an exciting list of speakers, including: Joyce Tischler, founder and general counsel at the Animal Legal Defense Fund, Steven M. Wise, acclaimed author and founder of the Center for the Expansion of Fundamental Rights, Katherine Meyer, partner at Meyer, Glitzenstein & Crystal, Nancy Perry, vice president of governmental affairs at the Humane Society of the U.S., Pamela Frasch, assistant dean and executive director of the Center for Animal Law Studies at Lewis & Clark Law School, Carter Dillard, director of litigation at the Animal Legal Defense Fund and Kathy Hessler, professor and director of the Animal Law Clinic at Lewis & Clark Law School, among others.

Several topics will be explored, including:

•Current animal law litigation and legislation
•The Gulf oil spill
•Humane labeling regulation and enforcement
•Laws that mandate and prohibit reporting animal abuse
•Primates in captivity
•Federal subsidies & CAFOs (confined animal feeding operations)
•Using environmental laws to assist animal law objectives, and
•Explorations on how the animal advocacy movement has changed and progressed

Electronic Waste: Considerations for Promoting Environmentally Sound Reuse and Recycling -- GAO Report

This Government Accountability Office Report (GAO-10-626) dated July 12, 2010 finds that low recycling rates for used televisions, computers, and other electronics result in the loss of valuable resources, and electronic waste exports risk harming human health and the environment in countries that lack safe recycling and disposal capacity. The Environmental Protection Agency (EPA) regulates the management of used electronics that qualify as hazardous waste and promotes voluntary efforts among electronics manufacturers, recyclers, and other stakeholders. However, in the absence of a comprehensive national approach, a growing number of states have enacted electronics recycling laws, raising concerns about a patchwork of state requirements. In this context, GAO examined (1) EPA's efforts to facilitate environmentally sound used electronics management, (2) the views of various stakeholders on the state-by-state approach, and (3) considerations to further promote environmentally sound management. GAO reviewed EPA documents, interviewed EPA officials, and interviewed stakeholders in five states with electronics recycling legislation. EPA's efforts to facilitate the environmentally sound management of used electronics consist largely of (1) enforcing its rule for the recycling and exporting of cathode-ray tubes (CRT), which contain significant quantities of lead, and (2) an array of partnership programs that encourage voluntary efforts among manufacturers and other stakeholders. EPA has improved enforcement of export provisions of its CRT rule, but issues related to exports remain. In particular, EPA does not specifically regulate the export of many other electronic devices, such as cell phones, which typically are not within the regulatory definition of hazardous waste despite containing some toxic substances.

Onshore Oil and Gas: BLM's Management of Public Protests to Its Lease Sales Needs Improvement

This Government Accountability Office Report (GAO-10-670) dated July 30,2010 finds that while BLM has taken steps to collect agencywide protest data, the data it maintains and makes publicly available are limited. Although in 2007 BLM required its staff to begin using a module, added to its lease record-keeping system, to capture information related to lease sale protests, GAO found that the information BLM collected was incomplete and inconsistent across the four reviewed BLM state offices and, thus, of limited utility.

The Future of the Nuclear Fuel Cycle -- MIT Report

This Report from the Massachusetts Institute of Technology Nuclear Fuel Cycle Study Advisory Committee finds that uranium supplies will not limit the expansion of nuclear power in the US or around the world for the foreseeable future, according to a major new interdisciplinary study produced under the auspices of the MIT Energy Initiative. The study challenges conventional assumptions about nuclear energy. It suggests that nuclear power using today’s reactor technology with a once-through fuel cycle can play a significant part in displacing the world’s carbon-emitting fossil-fuel plants and thus help to reduce the potential for global climate change. But determining the best fuel cycle for the next generation of nuclear power plants will require more research, the report concludes. The report focuses on what is known as the “nuclear fuel cycle”—a concept that encompasses both the kind of fuel used to power a reactor (currently, most of the world’s reactors run on mined uranium that has been enriched, while a few run on plutonium) and what happens to the fuel after it has been used (either stored on site or disposed of underground—a “once-through” cycle—or reprocessed to yield new reactor fuel).

Thursday, September 16, 2010

EPA Should Revise Outdated or Inconsistent EPA-State Clean Water Act Memoranda of Agreement -- Report

This Environmental Protection Agency, Office of the Inspector General, Evaluation Report (10-P-0224) dated September 14, 2010 finds that the EPA Should Revise Outdated or Inconsistent EPA-State Clean Water Act Memoranda of Agreement.

NPDES MOAs between EPA and States do not ensure Agency management control and effective oversight over a national program administered by States that is capable of providing equal protection to all Americans. EPA Headquarters does not hold EPA regional or State offices accountable for updating their MOAs when necessary and relies on other planning and management mechanisms to exercise control over State programs. Outdated MOAs or MOAs that are not adhered to reduce EPA’s ability to maintain a uniform program across States that meets the goals of CWA sections 101 and
402. An effective national program must maintain consistent management control and oversight of State programs.

The Report recommends that EPA ensure that all NPDES MOAs contain essential elements for a nationally consistent enforcement program, including CWA, Code of Federal Regulations, and State Review Framework criteria. The Report also recommends that EPA develop and provide a national template and/or guidance for a model MOA; direct EPA regions to revise outdated or inconsistent MOAs to meet the national template and standards; and establish a process for periodic review and revision of MOAs, including when the CWA or Code of Federal Regulations are revised or when State programs change. Finally, it recommends that EPA establish a national, public clearinghouse of all current MOAs so that EPA, States, and the public have access to these documents.

Grand Canyon National Park -- Report

This Report, dated August 2010, prepared by the Center for the State of the Parks finds that found that despite the park’s iconic status, diverse natural and cultural resources, and abundant recreational opportunities, the park suffers from many challenges that complicate resource protection and management:

•Current Colorado River management actions do not incorporate adaptive strategies for protecting and restoring native animals, natural habitats, and cultural resources along the river corridor.

•Mines could be developed on lands adjacent to the park, potentially contaminating watersheds and the surrounding environment. In addition, historic mining activities have resulted in environmental contamination in parts of the park.

•Sound pollution from scenic and commercial air plane overflights in the park is a major concern.

•Air pollution from miles away has the potential to obscure scenic vistas, harm human health, and damage park resources.

•Resource protection and visitor services are impacted by a lack of sufficient annual operating funds.

Best Practices for Great Ape Tourism -- IUCN publication

This Occasional Paper of the IUCN Species Survival Commission (No. 38) finds that tourism is often proposed as a remedy for the survival of endangered species. However, if sound conservation methods are not in place economic factors will prevail that may put species at risk. This document describes the "best practices" to be used in any sound great ape conservation plan.

Report of the resumed Review Conference on the Agreement for the

Report of the resumed Review Conference on the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks dated New York, 24-28 May 2010 covers the effectiveness of the Agreement in securing the conservation and management of straddling and highly migratory fish stocks by reviewing and assessing the adequacy of its provisions and, if necessary, proposing means of strengthening the substance and methods of implementation of those provisions in order better to address any continuing problems in the conservation and management of those stocks.

Climate Change Legislative and Regulatory Update -- CLE

This ABA, Cleantech & Climate Change Committee (CTC3) Educational Program via teleconference will take place on Thursday, September 23, 2010 / 9:30am PDT; 11:30am CDT; 12:30pm CDT

Only $10!

The conference will cover what will happen now that Congress has tabled comprehensive climate change legislation and the mid-term elections are quickly approaching? Speakers will present on current developments in domestic climate change policy and learn how to prepare amidst the regulatory uncertainty.

Speakers will investigate issues at the federal level, particularly EPA regulation of greenhouse gases under the Clean Air Act. Once thought of as a mere political tool to apply pressure to Congress, we will discuss what implementation could actually look like. Additionally, we will discuss the status of California's AB32, the most aggressive U.S. climate policy on the books to date, and the current efforts to repeal the law.

Speakers: Kenneth Markowitz, Akin Gump Strauss Hauer & Feld LLP, and Michael Steel, Morrison & Foerster LLP

Tuesday, September 14, 2010

Nuclear Waste: Actions Needed to Address Persistent Concerns with Efforts to Close Underground Radioactive Waste Tanks at DOE's Savannah River Site

This government Accountability Report (GAO-10-816) dated September 14, 2010, finds that emptying, cleaning, and permanently closing the 22 underground liquid radioactive waste tanks at the Savannah River Site is likely to cost significantly more and take longer than estimated in the December 2008 contract between DOE and SRR. Originally estimated to cost $3.2 billion, SRR notified DOE in June 2010 that the total cost to close the 22 tanks had increased by more than $1.4 billion or 44 percent. Much of this increase is because DOE’s cost estimate in the September 2007 request for proposals that formed the basis of the December 2008 contract between DOE and SRR was not accurate or comprehensive. For example, DOE underestimated the costs of labor and fringe benefits. DOE also omitted certain other costs related to equipment and services needed to support tank closure activities.

International Petroleum Monthly (IPM) -- August 2010

The International Petroleum Monthly (IPM) is the Energy Information Administration’s primary report of recent international petroleum (oil) statistics. This report includes world petroleum production statistics through June 2010. The IPM also includes statistics for petroleum demand, stocks, and imports for the Organization for Economic Cooperation and Development (OECD) countries through May 2010.

California Roadkill Observation System -- website

This site provides a way for everyone to report roadkill so that we can understand and try to influence the factors that contribute to roadkill.

Assessment of Offshore Wind Energy Resources for the United States

This U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, National Renewable Energy Laboratory Technical Report (NREL/TP-500-45889) dated
June 2010, summarizes the offshore wind resource potential, based on map estimates, for the contiguous United States and Hawaii, as of May 2009. The development of this assessment has evolved over multiple stages as new regional meso-scale assessments became available, new validation data were obtained, and better modeling capabilities were implemented. It is expected that further updates to the current assessment will be made in future reports.

Perchlorate: Occurrence Is Widespread but at Varying Levels; Federal Agencies Have Taken Some Actions to Respond to and Lessen Releases -- GAO Report

This Government Accountability Office Report to the Ranking Member, Committee on Environment and Public Works, U.S. Senate (GAO-10-769) dated August, 2010, states that perchlorate has been found in water and other media at varying levels in 45 states, as well as in the food supply, and comes from a variety of sources. The EPA conducted one nationwide perchlorate sampling, between 2001 and 2005, and detected perchlorate at or above 4 parts per billion in 160 of the 3,865 public water systems tested (about 4.1 percent). In 31 of these 160 systems, perchlorate was found above 15 parts per billion, EPA’s current interim health advisory level. Sampling by DOD, NASA, and DOE detected perchlorate in drinking water, groundwater, surface water, soil, and sediment at some facilities.

For example, GAO’s analysis of DOD data showed that perchlorate was detected at almost 70 percent of the 407 installations sampled from fiscal years 1997 through 2009, with detections ranging from less than 1 part per billion to 2.6 million parts per billion. A 2006 Food and Drug Administration study found perchlorate in 74 percent of 285 food items tested, with certain foods, such as tomatoes and spinach, having higher perchlorate levels than others. According to researchers, concentrations of perchlorate at or above 100 parts per billion generally result from activities involving man-made perchlorate, such as the use of perchlorate as a rocket propellant. Lower concentrations can result from the use of man-made perchlorate, atmospheric processes, or the use of fertilizer containing naturally occurring perchlorate.

Extinction: It’s Not Just for Polar Bears -- Report

This Report produced by the Center for Biological Diversity and Care for the Wild International offers a dramatic look at Arctic species being pushed toward extinction by rapid climate change. Extinction: It’s Not Just for Polar Bears documents 17 Arctic animals, from Arctic foxes to whales to plankton, struggling to survive the effects of climate change and ocean acidification.

Monday, September 13, 2010

Criminal Enforcement of Environmental Laws -- CLE

This ABA CLE program will take place on Thursday September 23, 2010 The course will be held at Venable LLP, located at 575 7th Street, NW, Washington, DC 20004.

This one-day annual course of study provides the only comprehensive discussion of environmental crimes in the country. It is not just for lawyers whose clients have been stung – who are involved in real or potential exposure to criminal sanctions. It is also for lawyers whose clients are in the hive – whose very businesses necessarily involve environmental issues, whether because they are manufacturers; because they hold or develop real estate; or because their businesses involve the use, transportation, or storage of material that can give rise to environmental liability.

The course adresses developments in enforcement policy and practice. The faculty includes both government attorneys and private practitioners, nearly all of whom have prosecutorial experience. They will analyze how cases are brought and offer insights on how you, whether you are in a firm or a corporate legal department, can best serve your clients at various stages of proceedings, from internal investigation to trial to post-trial. The course helps lawyers better respond to environmental criminal investigations and prosecutions; communicate with their clients, including corporate officers and the board of directors; and negotiate and resolve matters with the government.

In four panel discussions, representatives from the U.S. EPA, the Environmental Crimes Section at the U.S. Department of Justice, and private sectors talk about current developments in criminal enforcement of environmental laws, including:

Dealing with a Criminal Case in the Midst of an Environmental Crisis

What's New in the Internal Investigation World

Trial of the Environmental Crimes Case

New Cases, Familiar Faces

Lindsay's Forgotten Preservation Legacy: Air Rights and the Strengthening of the Landmarks Law

Thursday • September 30 • 6:30 PM at the Museum of the City of New York 1220 Fifth Avenue at 103rd St. New York, NY 10029

Lindsay's Forgotten Preservation Legacy: Air Rights and the Strengthening of the Landmarks Law

The Lindsay administration activated and extended the Wagner-era landmarks law, using a variety of strategies to protect historic buildings and districts, including Grand Central Terminal, the South Street Seaport, and the Theater District. How important was the tool of air rights transfers in this program, and how did air rights factor into the pivotal Penn Central Co. vs. New York City Supreme Court decision? How well have air rights held up as a preservation tool?

These and other questions will be considered by former City Planning Commission Chairman Donald Elliott; Chief Assistant Corporation Counsel Leonard Koerner; Frank Sciame of F.J. Sciame Construction; and former Office of Lower Manhattan Development Director Richard Weinstein. The conversation will be moderated by former Landmarks Commission Chair and former President of the Municipal Art Society, Kent Barwick, with closing remarks by Robert Tierney, Chair, Landmarks Preservation Commission. Co-sponsored by the Landmarks Preservation Commission, the Historic Districts Council, the New York Landmarks Conservancy, the South Street Seaport Museum, and the New York Preservation Archive Project. Presented in conjunction with America's Mayor: John V. Lindsay and the Reinvention of New York. Reception to follow.


$12 Non-Members

$8 Seniors and Students

$6 Museum Members

Museum of the City of New York
1220 Fifth Avenue at 103rd St.
New York, NY 10029
212.534.1672 Phone
212.423.0758 Fax

Get Smart About Water -- Dialogue

Join key water issue thought leaders Alexandra Dunn, Assistant Dean at Pace University Law School, Sharon Nunes, Ph.D., Vice President of Big Green Innovations for IBM, and John Cronin, Director and CEO of Beacon Institute, for a lively and engaging discussion about the role science and technology innovation can play in water management, the implications for public policy, and the vital need for partnerships to save our fresh water. Thursday September 16, 2010 at 7:00 PM at Center for Environmental Innovation and Education, 199 Dennings Avenue, Beacon, NY 12508

Kari Di Loreto
845.838.1600 x16

Friday, September 10, 2010

New York DEC Releases Draft Regulations to Strengthen, Codify Endangered Species Regulations

The draft proposals would establish criteria for the listing and de-listing of species and requirements for restoration and recovery plans. The proposals will also establish time lines, procedures and standards for reviewing applications for construction projects and other projects that might impact endangered and threatened species. The proposals would define the "taking" of a protected species to include the adverse modification of habitat - conforming to New York court decisions interpreting the term.

The regulations also call for applicants to develop a mitigation plan that results in a net conservation benefit to the listed species.

Construction projects that might result in the "incidental take" of an endangered or threatened species (i.e., the taking of a protected species or the harming of a species' habitat while engaged in an otherwise lawful activity) must complete a DEC permitting process before going forward. While current state regulations do not specify procedures or standards for reviewing such projects, the proposed regulations will clarify the permitting process.

For the first time, state regulations also will spell out criteria for listing or de-listing a species. Examples of listing criteria include:
•If the current number of viable and self-sustaining populations of the species statewide is not sufficient to ensure its continued survival.
•If threatened destruction, modification or curtailment of the species' habitat or range within the state threatens the continued survival of the species.
•The absence of existing regulatory mechanisms to protect the species or its habitat.

Draft Strategic Plan for State Forests

This draft plan dated August 27, 2010 will guide management of the 786,000-acre state forest holdings and is available for public review and comment through Oct. 29. Key goals of the draft plan focus on eco-system health and diversity, economic benefits, forest conservation, recreation and sustainable management.

This is the first time DEC has produced a strategic plan for all the state's forest holdings. In addition to outlining a vision for sustainable management, the plan provides a template for state foresters to develop individual unit management plans for dozens of forest units over the next decade.

There are 442 state forests, located in every region of New York not including Adirondack and Catskill parks, home to the constitutionally protected Forest Preserve. The first state forest, Hewitt State Forest in Cortland County, was purchased by the state in 1929. The most recent acquisition is the Hemlock/Canadice State Forest, purchased in June.

Managed by professional foresters, state forests play a major role in New York's landscape by:
•Allowing for the sustainable use of natural resources.
•Providing watershed protection.
•Serving as a valuable source for the state's forest products industry.
•Providing hundreds of thousands of annual visitors with access to lands for hunting, fishing, hiking, camping, boating, snowmobiling and other activities.

Thursday, September 9, 2010

Outer Continental Shelf Safety Oversight Board: Report to Secretary of the Interior Ken Salazar

This report of the U.S. Department of the Interior, Outer Continental Shelf Safety Oversight Board Report to Secretary of the Interior Ken Salazar, dated September 1, 2010, presents a complex of issues and recommendations ranging from improved consistency and communication of Bureau of Ocean Energy Management, Regulation and Enforcement's (BOEMRE) operational policies to technology improvements and day-to-day management in the field.

Inspections and enforcement—from personnel training to the deterrent effect of fines and civil penalties—also need attention. In addition, BOEMRE must be diligent to achieve the stewardship balance between development and environmental responsibilities envisioned in its statutes.

BOEMRE responsibilities have expanded in scope and complexity to such an extent that BOEMRE must increase and develop its staff to meet new challenges. Above all, BOEMRE must pursue, and industry must engage in, a new culture of safety in which protecting human life and preventing environmental disasters are the highest priority, with the goal of making leasing and production safer and more sustainable.

Forging a new safety culture cannot be achieved by government alone. The Board recognizes that the federal agency for offshore management must carry the flag for safety culture, through its own actions, through its rules and enforcement, and through its establishment of priorities.

However, the Board believes that industry, as the lead player in offshore oil and gas development, has a pivotal role to play as well. Indeed, industry must make a widespread, forceful and long-term commitment to cultivating a serious approach to safety that sets the highest safety standards and consistently meets them.

Deepwater Horizon: Accident Investigation Report

This report, dated September 8, 2010, by BP offers the results of their investigation into the incident that killed 11 men and created the worst environmental catastrophe in US history. Eight key findings related to the cause of the incident emerged. No sigle cause precipitated the incident but rather a series of mechanical failures, human judgments, engineering design, operational standards, and crew inefficiencies combined to allow the initiation and escaltion of the event.

The Greening of Water Law: Managing Freshwater Resources for People and the Environment

This report by the United Nations Environmental Programme (UNEP) explores the notion and the benefits of greening water law by presenting and assessing a variety of legal, procedural and policy mechanisms, for both national and international arenas, that can help to elevate the status and importance of environmental concerns in relation to other societal interests and harmonize the water needs of both people and the natural environment.

The Greening of Water Law is both a theoretical and practical effort to modernize legal regimes governing the management and allocation of freshwater resources. It is based on the recognition that the life and well-being of people and the natural environment are interrelated and even interdependent and that the coordination of the needs of these two water-dependent stakeholders will further the sustainable use of freshwater resources for both. It is also founded on the notion that by ensuring adequate supplies of clean freshwater for the environment, people, communities, and nations, the human condition can be enhanced through improved health and more sustainable resource exploitation and economic development.

Wednesday, September 8, 2010

NYDEC SEQR Handbook, 3rd Edition.

This third edition of the SEQR Handbook updates the handook in light of regulatory changes since the previous edition published in 1992.

Satellite Image Atlas of Glaciers of the World

U.S. Geological Survey Professional Paper 1386, Satellite Image Atlas of Glaciers of the World, contains 11 chapters designated by the letters A through K.

Chapter A provides a comprehensive, yet concise, review of the "State of the Earth's Cryosphere at the Beginning of the 21st Century: Glaciers, Global Snow Cover, Floating Ice, and Permafrost and Periglacial Environments," and a "Map/Poster of the Earth's Dynamic Cryosphere," and a set of eight "Supplemental Cryosphere Notes" about the Earth's Dynamic Cryosphere and the Earth System.

The next 10 chapters, B through K, are arranged geographically and present glaciological information from Landsat and other sources of historic and modern data on each of the geographic areas. Chapter B covers Antarctica; Chapter C, Greenland; Chapter D, Iceland; Chapter E, Continental Europe (except for the European part of the former Soviet Union), including the Alps, the Pyrenees, Norway, Sweden, Svalbard (Norway), and Jan Mayen (Norway); Chapter F, Asia, including the European part of the former Soviet Union, China, Afghanistan, Pakistan, India, Nepal, and Bhutan; Chapter G, Turkey, Iran, and Africa; Chapter H, Irian Jaya (Indonesia) and New Zealand; Chapter I, South America; Chapter J, North America (excluding Alaska); and Chapter K, Alaska. Chapters A–D each include map plates.

Peak Underground Working Natural Gas Storage Capacity

This report provides estimates of aggregate peak working gas capacity and working gas design capacity for the U.S. underground natural gas storage as of April 2010. The estimates for national and regional peak working gas capacity are based on the demonstrated maximum working gas volumes for individual active facilities from May 2005 to April 2010. Peak storage estimates are based on monthly data by field from the Form EIA-191M survey, "Monthly Underground Storage Report," which collects data on storage volumes as of the end of the report month.

Land Trust Alliance Rally 2010

The National Land Conservation Conference "Celebrating Heritage, Embracing Change" in Hartford, CT on October 205, 2010 is the largest land conservation conference in the country, and offers an opportunity to meet with your colleagues in conservation, advance your skills, and work to solve some of your greatest challenges. Join your friends in conservation at the Connecticut Convention Center for unparalleled opportunities to learn and get inspired with an extensive array of seminars and workshops, thought-provoking plenary speeches and fun networking—all with the top
conservation practitioners in the country.

Green Building Codes and Ordinances

This American Bar Association teleconference and live audio Webcast will take place next Wednesday, September 15, 2010 at 01:00 PM-02:30PM ET.

This program will provide an overview of the critical elements of green building codes or ordinances from the standpoint of property owners and local government, as well as a review of current case law led by a participant in one of the leading cases:
• Key substantive elements and policy considerations
• Pros and cons of the various green building/energy standards that can be adopted (LEED, Energy Star, Green Globes, ANSI) from the standpoint of local government and the developer
• Issues raised by incorporating green building requirements into land use re gulations
• Interaction between ordinances and building energy codes and their relationship to climate change
• Carrot or the stick? -- mechanisms for achieving green building implementation: incentives versus mandates, and the risks to building owners/developers under various approaches
• Implementation in public versus private buildings
• AHRI v. City of Albuquerque and Building Industry Assoc. of Washington v Washington State Building Code Council: preemption of local green building ordinances and codes under federal law: who is getting sued and why, and the implications for local green building code initiatives.

Speakers include:
• J. Cullen Howe (moderator and speaker), Arnold & Porter LLP, New York, NY
Mr. Howe also is co-editor of “The Law of Green Buildings” (ABA, ELI 2010); Adjunct Professor, Pace Law School (legal aspects of green buildings); LEED Accredited Professional
• John DuBois, Albuquerque City Attorney's Office, Albuquerque, NM
Mr. DuBois is a litigator in the Real Estate - Land Use division in the Albuquerque City Attorney's Office. He has worked closely with his city's building code officials in drafting energy conservation and green building codes. He is counsel for Albuquerque in the federal court case AHRI, et al. v. City of Albuquerque.
• Nicole C. Kibert, Carlton Fields, PA, Tampa, FL
Ms. Kibert also serves as General Counsel to the Florida Gulf Coast Chapter of the U.S. Green Building Council, is a LEED Accredited Professional, and author of “Energy: Proactive Strategies to Meet Renewable Portfolio Standards” (Counsel to Counsel e-magazine – Summer 2010); “Index of Sustainable Development Provisions in Florida Municipal Codes”; Co-Editor and chapter author "Green Building and Sustainable Development: The Practical Legal Guide” (ABA - August 2009); and “What You Should Know About Sustainable Development Projects” (ALI-ABA Practical Real Estate Lawyer Magazine - March 2009).
• Patricia E. Salkin, Albany Law School, Albany, NY
Ms. Salkin is co-author of the forthcoming book, “Climate Change and Sustainable Development Law in a Nutshell” (Thomson West) and the author of numerous articles and book chapters on green development, climate change and sustainable development.

Scientific Assessment of Hypoxia in U.S. Coastal Waters

This Report dated September 2010 and prepared by the Interagency Working Group
on Harmful Algal Blooms, Hypoxia, and Human Health finds that Hypoxia is a major contributor to the decline of coastal water quality observed in recent decades,
and its extent has been expanding.

It is part of the broader issue of nutrient-driven eutrophication. Eutrophication is also linked to increased HABs, loss of seagrasses, and other impacts on coastal ecosystems. For eutrophic ecosystems, concerted and coupled research and management efforts, along with stakeholder support, will be needed to rigorously identify, quantify, and implement nutrient reduction strategies that are effective and achievable. Knowledge gained will be important for developing forecasts of the extent and severity of low dissolved oxygen, which will help managers mitigate the impacts of hypoxia.

Wildland Urban Interface: Community Assistance

This report by the Department of the Interior, Office of the Inspector General (Report No.: ER-EV-MOA-0012-2009), dated July 2010 describes the result of 20 projects in wildland urban interface (WUI) areas to determine the success of DOI cooperative efforts with communities abutting federal property in reducing their wildland fire risks. The report found that while the National Fire Plan’s WUI community assistance grants are a successful component of DOI’s wildland fire management effort, the effort succeeds chiefly through the commitment of individual efforts. As part of the fire management budget, WUI grant funds flow to bureaus from OWFC but without accompanying guidance and direction.

Wild Horses and Burros Management Handbook

This handbook published by the Bureau of Land Mangement (H-4700-1), dated June 2010 provides guidance for the protection, management and control of Wild Horse and Burro (WH&B) in accordance with the 1971 Wild Free Roaming Horses and Burros Act (WFRHBA), as amended, and the implementing regulations in 43 Code of Federal Regulations (CFR) 4700.

Tuesday, September 7, 2010

Advancing Our Regional Foodshed: The Role of Higher Education

The The Environmental Consortium of Hudson Valley Colleges & Universities' 7th annual meeting and conference, Advancing Our Regional Foodshed: The Role of Higher Education, is bringing together small-scale, family farms; chefs/restaurant owners; agricultural policy experts; farm-to-table non-profits; academic researchers and others to foster an interdisciplinary, multi-perspective conversation about the fundamental questions surrounding our foodshed.


Opening Keynote by Christian Peters, Assistant Professor, Friedman School of Nutrition Science and Policy, Tufts University, and lead author of “Mapping potential foodsheds in New York State: A spatial model for evaluating the capacity to localize food production” (Renewable Agriculture and Food Systems, 2009).

Evening documentary film screening of The Greenhorns, with special guest speaker Benjamin Shute, Co-Owner and Farmer, Hearty Roots Community Farm.

Confirmed Speakers (updated list):
• Polly Armour, Co-Founder and Farmer, Four Winds Farm
• Jacquie Berger, Executive Director, Just Food, NYC
• Stephanie Boyd, Director, Zilkha Center for Environmental Initiatives, Williams College
• Heath Braunstein, Director Purchasing & Food Safety, Lackmann Culinary Services
• Jean-Paul Courtens, Farmer, Roxbury Farm
• Daniel Guenther, Farmer, Educator and Activist, Brook Farm Project
• David Haight, Director, New York Chapter, American Farmland Trust
• Peter Hoffman, Chef and Owner, Savoy Restaurant
• Jill Isenbarger, Executive Director, Stone Barns Center for Food and Agriculture
• Michael Mascarenhas, Assistant Professor, Science & Technology Studies, Rensselaer Polytechnic Institute
• Ann McMahon, Coordinator, NYS Council on Food Policy, NYS Department of Agriculture and Markets
• Fabio Parasecoli, Coordinator, Department of Food Studies, The New School
• Richard A. Plunz, Director, Urban Design Lab, Earth Institute of Columbia University
• Andrew C. Revkin, Senior Fellow for Environmental Understanding, Pace Academy for Applied Environmental Studies, Pace University
• Thomas Sleight, Executive Director, New York Farm Viability Institute

• Interdisciplinary Poster Session (abstract deadline 9/15)
• Exhibitor Expo
• Book Table
• Field Trip to the Pfeiffer Center for Biodynamics and the Environment