Protecting New York's Drinking Water -- News

The New York Assembly joined the New York Senate today in passing a moratorium on drilling for natural gas in New York State. The measure now goes to Governor Paterson for signing. It is argued that the drilling for natural gas trapped in shale rock deposits would endanger groundwater supplies. The moratorium will help to accomplish several goals, including:

•Providing an extended period of time to study this new technology before permits are issued and drilling is allowed.
•Ensuring environmental experts and the public have time to review any proposed regulations and offer ways to make them stronger.
•Allocating enough time for the Legislature to review the DEC’s conclusions on the environmental impact of the gas drilling.

EPA Finalizes 2011 Renewable Fuel

Under the Clean Air Act Section 211(o), the Environmental Protection Agency (EPA) is required to set renewable fuel standards each November for the following year based on gasoline and diesel projections from the Energy Information Administration (EIA).

The EPA is also required to set the cellulosic biofuel standard each year based on the volume projected to be available during the following year, using EIA projections and assessments of production capability from industry. This regulatory action finalizes these annual standards for cellulosic, biomass-based diesel, advanced biofuel, and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2011.

The final rule also presents two changes to the RFS2 regulations. The first modifies the provision for “delayed RINs” to make it more broadly applicable to any biofuel production pathway so long as the biofuel was in commercial production on July 1, 2010.

The second regulatory provision being finalized in this rulemaking establishes criteria for the EPA to use in determining whether to approve petitions for foreign-grown feedstocks so that they may use an aggregate approach to comply with the renewable biomass verification provisions, akin to that applicable to producers using crops and crop residue grown in the United States.

Forest Service Research and Development: Improvements in Delivery of Research Results Can Help Ensure That Benefits of Research Are Realized -- GAO

This Government Accountability Office report (GAO-11-12), dated October 29, 2010, finds that the scope of Forest Service R&D’s work spans a range of research organized into seven strategic program areas: invasive species; inventory and monitoring; outdoor recreation; resource management and use; water, air, and soils; wildland fire; and wildlife and fish.

End users identified areas requiring additional attention by Forest Service R&D, such as social science research to better understand human interaction with natural resources. Forest Service R&D has taken steps to improve its ability to fulfill its mission in several areas, including increasing its efforts to deliver knowledge and tools to end users and involving end users in setting research agendas; improving funding allocation processes; and increasing coordination with other federal research
agencies.

Despite these efforts, challenges persist, particularly in the area of science delivery—that is, how research results are communicated. While Forest Service R&D has created a more formal system for science delivery at multiple levels within the agency, and several research stations have specific programs dedicated to science delivery, numerous officials and end users told GAO that Forest Service R&D places greater emphasis on peer-reviewed journals as a means of science delivery than on other types of science delivery efforts, such as workshops, that are often more useful to end users. Without improved delivery of research results, land managers and others may be unable to fully benefit from the agency’s work.

Federal Oil and Gas Leases: Opportunities Exist to Capture Vented and Flared Natural Gas, Which Would Increase Royalty Payments and Reduce Greenhouse

This Government Accountability Office report (GAO-11-34), dated October 29, 2010, finds that data collected by Interior to track venting and flaring on federal leases likely underestimate venting and flaring because they do not account for all sources of lost gas.

For onshore federal leases, operators reported to Interior that about 0.13 percent of produced gas was vented or flared. Estimates from EPA and the Western Regional Air Partnership (WRAP) showed volumes as high as 30 times higher. Similarly, for offshore federal leases, operators reported that 0.5 percent of the natural gas produced was vented and flared, while data from an Interior offshore air quality study showed that volume to be about 1.4 percent, and estimates from EPA showed it to be about 2.3 percent.

GAO found that the volumes operators reported to Interior do not fully account for some ongoing losses such as the emissions from gas dehydration equipment or from thousands of valves—key sources in the EPA, WRAP, and Interior offshore air quality studies.

Pleasing Mother Earth and the IRS: Conservation Easement Donations in the New Age of IRS Oversight Lessons from Recent Court Developments... ABA CLE

Pleasing Mother Earth and the IRS: Conservation Easement Donations in the New Age of IRS Oversight Lessons from Recent Court Developments and Practical Drafting Advice.

The IRS has been aggressively auditing taxpayers who have donated conservation easements and claimed federal tax benefits, with a reported 1,459 landowners having been audited during 2005 to 2009. In addition, since 2006, the Tax Court, District Courts, and Circuit Courts have collectively issued fifteen court decisions addressing various issues relating to compliance with the federal tax law requirements applicable to conservation easement donations. Our panelists will discuss:

•Lessons to be learned from the recent case law;
•Practical drafting tips;
•The IRS’s perspective on the audits and the recent case law (based on the IRS panel discussion at the recent Land Trust Alliance national conference).

Advance preparation is the best way to avoid an IRS audit of tax benefits claimed with respect to conservation easement donations. Join us and learn how to draft conservation easements and otherwise structure easement donation transactions to avoid or at least minimize the risk of an IRS audit and litigation.

This American Bar Association Continuing Legal Education Telecast and webcast takes place on:

Tuesday, December 7, 2010
Format: Teleconference and Live Audio Webcast
Duration: 90 minutes

1:00 PM - 2:30 PM Eastern 12:00 PM - 1:30 PM Central
11:00 AM - 12:30 PM Mountain 10:00 AM - 11:30 AM Pacific

Energy-Water Nexus: A Better and Coordinated Understanding of Water Resources Could Help Mitigate the Impacts of Potential Oil Shale Development - GAO

The Government Accountability Office report (GAO-11-35), dated October 29, 2010, finds that oil shale deposits in Colorado, Utah, and Wyoming are estimated to contain up to 3 trillion barrels of oil--or an amount equal to the world's proven oil reserves. About 72 percent of this oil shale is located beneath federal lands, making the federal government a key player in its potential development. Extracting this oil is expected to require substantial amounts of water and could impact groundwater and surface water.

GAO was asked to report on (1) what is known about the potential impacts of oil shale development on surface water and groundwater, (2) what is known about the amount of water that may be needed for commercial oil shale development, (3) the extent to which water will likely be available for commercial oil shale development and its source, and (4) federal research efforts to address impacts to water resources from commercial oil shale development.

Oil shale development could have significant impacts on the quality and quantity of water resources, but the magnitude of these impacts is unknown because technologies are years from being commercially proven, the size of a future oil shale industry is uncertain, and knowledge of current water conditions and groundwater flow is limited.

New Library Acquisitions week of November 29, 2010

Alternative Energy
Solar power : law and economics / by Linda M. Bullen ; general editor, Bradley M. Marten

Biodiversity
Paying for biodiversity : enhancing the cost-effectiveness of payments for ecosystem services / Organisation for Economic Co-operation and Development

Brownfields
Brownfields : a comprehensive guide to redeveloping contaminated property / [edited by] Todd S. Davis, Scott A. Sherman

Clean Air Act
Treatment of greenhouse gases under the Clean Air Act / by Carol E. Dinkins, Eric Groten ; general editor, Bradley M. Marten

Climate Change
Building resilience to climate change : ecosystem-based adaptation and lessons from the field / edited by Angela Andrade Pérez, Bernal Herrera Fernández and Roberto Cazzolla Gatti

Global Warming
Climate capitalism : global warming and the transformation of the global economy / Peter Newell, Matthew Paterson

International Law
The future of international environmental law / edited by David Leary and Balakrishna Pisupati

Institutional dynamics : emergent patterns in international environmental governance / Oran R. Young

Internet
The sustainable network : the accidental answer for a troubled planet / Sarah Sorensen

Law of the Seas
Histoire des origines, des progrès et des variations du droit maritime international [microform] / par L.-B. Hautefeuille

Management Challenges at the Department of Energy

This Sepcial Report (DOE/IG-0844), dated November 2010, by the Inspector General of the Department of Energy states that the DOE is the largest civilian contracting agency in the Federal government, the Department awards contracts to industrial companies, academic institutions, and non-profit organizations that operate a broad range of Department facilities.

With the addition of Recovery Act funding and initiatives, successful contract administration within the Department has taken on even greater importance. In addition to contracting, the Department administers and manages an array of grants and cooperative agreements, the number of which has increased sharply as a result of Recovery Act programs.

Given the number of contracts handled by the Department and the complexity and importance of the Department's numerous multi-million dollar projects, combined with new challenges created by the Recovery Act, we believe that the area of Contract and Financial Assistance Award Management is a significant management challenge.

Short-Term Energy Outlook

The Energy Information Administration released its Short-Term and Winter Fuels Outlook and finds:

- the price of West Texas Intermediate (WTI) crude oil to average about $83 per barrel this winter (October 1 to March 31).
- regular-grade motor gasoline retail prices to average $2.84 per gallon this winter
- Natural gas working inventories have reached more than 3.8 trillion cubic feet (Tcf), which is about the same as last year's record-setting level for the underground storage quantity at the end of October.
- average household expenditures for space-heating fuels will total $965 this winter, about the same as last year.

Water Infrastructure Projects Designated in EPA Appropriations: Trends and Policy Implications -- CRS

This Report from the Congressional Research Service (7-5700), dated October 28, 2010, finds that Congressional action to designate funds within appropriations legislation for specified projects or locations has been increasing in recent years as a way to help communities meet needs to build and upgrade water infrastructure systems. Such legislative action has often been popularly referred to as earmarking.

This report discusses appropriations for water infrastructure programs of the Environmental Protection Agency (EPA), focusing on such designations in the account that funds these programs. Information on the programmatic history of EPA involvement in assisting wastewater treatment and drinking water projects is provided in two appendixes. Congressional appropriators began the practice of supplementing appropriations for the primary Clean Water Act (CWA) and Safe Drinking Water Act (SDWA) assistance programs with grants for individually designated projects in FY1989.

Climate Innovation Centres: A New Way to Foster Climate Technologies in the Developing World

Accelerating innovation in emerging technologies is essential to help reduce the current and long-term impacts of climate change. However developing countries, which are most immediately threatened by these impacts, lag in their capacity to transfer, develop and deploy innovative climate technologies. Climate Innovation Centers: A New Way to Faster Climate Technologies in the Developing World explores how Climate Innovation Centers (CICs) can help developing countries accelerate the deployment of climate technologies, companies and industries by:

o Over 550 relevant organizations in 68 countries identified to assess existing global capacity in climate innovation
o Providing an inventory of existing relevant support organizations, including incubators, centres of excellence, multilateral programmes,
o Analaysing existing centers by geography, technology, innovation, and climate focus;
o Identifying the gaps in the existing institutional capacity
o Exploring the early stage financing landscape for climate technologies;
o Providing detailed advice about the design of CICs and their development as a global network.

GeoPower Americas 2011

Supported by the Geothermal Resources Council, GeoPower Americas 2011 will provide an in-depth analysis of the geothermal energy markets in North, Central and South America, focusing on the potential for large-scale, widespread development, and how this can best be realized.

When:
24-25 February 2011

Where:
Hyatt Regency,
San Francisco, USA

Looting the Seas: How Overfishing, Fraud, and Negligence Plundered the Majestic Bluefin Tuna -- ICIJ

This report from the International Consortium of Independent Journalists uncovers a supply chain that at every step was riddled with fraud, negligence, and criminal misconduct.

Sustainable Business Summit 2011

The Sustainable Business Summit 2011: Business in evolution will examine the rationale for truly sustainable businesses - adaptable, resilient, responsive - and show how putting environmental and social responsibility at the heart of management practices is key to securing the long-term future of companies level, strategic discussion about corporate social responsibility. Chaired by: Oliver Morton, Energy and Environment Editor, The Economist

Hear from:

• Companies who have revolutionised their operations to become more socially responsible
• Pioneers who have built entire business models around corporate responsibility
• Experts who understand the challenges in balancing effective business management with ethical practice

March 17th 2011 Radisson Blu Portman Hotel, London

Quantifying the Impact of State Policies on Clean Energy Development -- DOE Webinar

The U.S. Department of Energy (DOE) Technical Assistance Program (TAP) presents a Webinar this Wednesday about how to quantify the impact of state and local policies on developing clean energy markets.

At this Webinar you will hear about state policies and aspects of policy design that are statistically connected to increased energy efficiency and renewable energy resource development. The speakers will discuss how policy longevity and combined policies that influence different markets and technologies tend to be found in states that generate more clean energy. And you will hear from the Colorado Governor’s Energy Office about how that state’s policies have helped foster renewable energy development.

The presentation will take place this Wednesday, November 17, from 3:00 to 4:15 p.m. Eastern Standard Time, and is titled State of the States: Quantifying the Impact of State Policies on Clean Energy Development.

Light-Duty Automotive Technology, Carbon Dioxide Emissions, and Fuel Economy Trends: 1975 Through 2010 -- EPA

This report, published in November 2010, provides data on the fuel economy, carbon dioxide (CO2) emissions, and technology trends of new light-duty vehicles (cars, minivans, sport utility vehicles, and pickup trucks) for model years 1975 through 2010 in the United States.

For model year 2009, the last year for which EPA has final data, EPA projects average real-world CO2 emissions to be 397 grams per mile and fuel economy to be 22.4 miles per gallon (the fuel economy values in this report are those that EPA provides to consumers, and are lower than the fuel economy values used for compliance with CAFE standards).

CO2 emissions and fuel economy are at their most favorable levels since the EPA database began in 1975, and are slightly better than the previous best year of 1987. Preliminary values for model year 2010 suggest a slight improvement to 395 grams CO2 per mile and 22.5 mpg, but there is uncertainty in the 2010 values as they are based on automaker projections provided to EPA during the market turmoil of 2009. Average CO2 emissions and fuel economy have improved each year beginning in 2005, and are about 15 percent better than in 2004. This reverses a long-term trend of worsening CO2 emissions and fuel economy from 1987 through 2004.

Budapest Call for Climate Justice

The World Council of Churches has made a final statement that underlines that the methods of wealth creation and the pursuit of unlimited wealth in rich industrialised countries of Europe often impoverish communities and harm creation as a whole.

The document indicates that: "Climate justice and therefore both social and ecological values should be a central goal of policy-making. In industrialized countries economic growth should no longer be seen as an aim in itself."

The statement calls for "the redistribution of wealth and sharing of technology between rich countries and poor countries affected by climate change" as "crucial elements of climate justice". This has to go along with "additional support for climate change mitigation and adaptation."

Candidate Conservation -- Endangered Species Act

This news release by the U.S. Fish and Wildlife Service, dated November 2010, announces its Candidate Notice of Review, a yearly appraisal of the current status of plants and animals considered candidates for protection under the Endangered Species Act. “The candidate list offers the Service and our partners a unique opportunity to address the threats to these species through voluntary conservation efforts on public and private lands,” said Acting Service Director Rowan Gould. “We will continue working to reduce the number of candidate species by developing conservation agreements that reduce or eliminate the threats they face.”

Conference on Water Resources and the Regional Economy -- NY DEC

When: December 13

Where: SUNY New Paltz, Student Union Building, Multi-purpose Room

Sponsored by: The NYS Department of Environmental Conservation, Hudson River Estuary Program

In partnership with:

•SUNY New Paltz Center for Research, Regional Education and Outreach
•The Hudson River Watershed Alliance
•Regional economic development and water management agencies and others

Confirmed Speakers:

•Congressman Maurice Hinchey
•EPA Region 2 Administrator Judith Enck
•NYSDEC Assistant Commissioner for Water Resources James Tierney

Screening Level Assessment of Risks Due to Dioxin Emissions from Burning Oil from the BP Deepwater Horizon Gulf of Mexico Spill

This report from the Environmental Protection Agency finds that between April 28 and July 19 of 2010, the US Coast Guard conducted in situ oil burns as one approach used for the management of oil spilled after the explosion and subsequent sinking of the BP Deepwater Horizon platform in the Gulf of Mexico.

The purpose of this paper is to describe a screening level assessment of the exposures and risks posed by the dioxin emissions from these fires. Using upper estimates for the oil burn emission factor, modeled air and fish concentrations, and conservative exposure assumptions, the potential cancer risk was estimated for three scenarios: inhalation exposure to workers, inhalation exposure to residents on the mainland, and fish ingestion exposures to residents. U.S. EPA’s AERMOD model was used to estimate air concentrations in the immediate vicinity of the oil burns and NOAA’s HYSPLIT model was used to estimate more distant air concentrations and deposition rates. The lifetime incremental cancer risks were estimated as 6 x 10-8 for inhalation by workers, 6 x 10-12 for inhalation by onshore residents and 6 x 10-8 for fish consumption by residents.

For all scenarios, the risk estimates represent upper bounds and actual risks would be expected to be less.

Aerostat Sampling of PCDD/PCDF Emissions from the Gulf Oil Spill In Situ Burns

This report from the U.S. Environmental Protection Agency, Office of Research and Development, National Risk Management Research Laboratory, finds that a sampling effort indicates that while dioxins were created from the burning of oil on ocean water, they were created at low levels – levels similar to the emissions from residential woodstoves and forest fires.

The G20 Seoul Summit

This statment fromt he G20 meeting includes goals regarding energy and climate change:

On climate change: "We reaffirm the objective, provisions, and the principles of the UN Framework Convention on Climate Change (UNFCCC), including common but differentiated responsibilities and respective capabilities."

On energy: "We reaffirm our commitment to rationalize and phase-out over the medium term inefficient fossil fuel subsidies that encourage wasteful consumption, with timing based on national circumstances, while providing targeted support for the poorest. We direct our Finance and Energy Ministers to report back on the progress made in implementing country-specific strategies and in achieving the goals to which we agreed in Pittsburgh and Toronto at the 2011 Summit in France.

On the marine environment: We welcome the progress achieved by the Global Marine Environment Protection (GMEP) initiative toward the goal of sharing best practices to protect the marine environment, to prevent accidents related to offshore exploration and development, as well as marine transportation, and to deal with their consequences.

Fleet Electrification Roadmap: Revolutionizing Transportation and Achieving Energy Security

This report from the Electrification Coalition, dated November 2010, argues that the lower operating costs of electric drive vehicles coupled with the operational norms of commercial and government fleets could make adoption of plug-in hybrid electric vehicles (PHEVs) and electric vehicles (EVs) highly attractive. The report includes a detailed examination of commercial and government fleets, highlighting common practices that could make them significant early adopters of EVs and PHEVs. The analysis suggests that with targeted, temporary policies in place, a cumulative 200,000 electric-drive vehicles could be on the road by 2015.

District Energy Systems & Microgrids Conference

Contact:
Loretta Musial
Pace Energy and Climate Center
lmusial@law.pace.edu
914-422-4227

When:
Friday November 19, 2010 from 8:30 AM to 4:00 PM EST

Where:
Judicial Institute, Pace Law School, White Plains
The New York State Judicial Institute
Pace Law School
78 N. Broadway
White Plains, NY 10603

Conference agenda includes four panels and a keynote address. Breakfast, lunch and coffee will be provided.

Panel 1: District systems, what are they? What are their benefits?
Panel 2: Legal, financial, and other considerations
Panel 3: Business models - can we implement this?
Panel 4: Vision for high efficiency municipal, school, university and industrial campuses

Featured Speakers Include:

Keynote:
Steven W. Pullins, President, Horizon Energy Group

Speakers:

•Jim Adams of Cornell University
•Greg Rouse of The Galvin Electricity Initiative
•Bob Loughney of Couch White
•Karl Marietta of FVB Energy
•Jim McNamara of Nexterra
•Audrey Zibelman of Viridity Energy
•Jennifer Kearney of Gotham 360
•Cathy Hill of Whiteman, Osterman & Hanna
•Guy Warner of Pareto Energy
•Jim Fuller of Green Campus Partners
•Kamalesh Doshi of Biomass Energy Resource Center
•Phyllis Kessler of Duane Morris
•Tim Roughan of National Grid
•Daniel Theurer of Pratt & Whitney
•James Van Nostrand of Pace Energy and Climate Center
•Tom Bourgeois of Pace Energy and Climate Center

Electric Car Calculator: Compare Electric Car to Hybrid, Diesel & Gas Cars

Is it worth buying an Electric Car?

The answer to this question depends on a number of factors including: your driving habits, gas prices, price of electricity and how you value the environmental impact of your driving.

To help you decide if an electric car is the right choice for you, we have created a calculator that will compare the financial and environmental costs of buying an electric car versus buying a hybrid or standard gas powered car.

To find out if an electric car is the right choice for you, simply fill out the calculator on this web site provided by Befrugal.com.

United Nations Climate Change Conference Cancun - COP 16 & CMP 6

The United Nations Climate Change Conference to be held in Cancun, Mexico, from 29 November to 10 December 2010, encompasses the sixteenth Conference of the Parties (COP) and the sixth Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP), as well as the thirty-third sessions of both the Subsidiary Body for Implementation (SBI) and the Subsidiary Body for Scientific and Technological Advice (SBSTA), and the fifteenth session of the AWG-KP and thirteenth session of the AWG-LCA.

To discuss future commitments for industrialized countries under the Kyoto Protocol, the Conference of the Parties serving as the Meeting of the Parties to the Kyoto Protocol (CMP) established a working group in December 2005 called the Ad Hoc Working Group on Further Commitments for Annex I Parties under the Kyoto Protocol (AWG-KP). In Copenhagen, at its fifth session, the CMP requested the AWG-KP to deliver the results of its work for adoption by CMP 6 in Cancun.

New Library Acquisitions -- Week of Nov. 15, 2010

Architecture
Municipal green building policies : strategies for transforming building practices in the private sector / Environmental Law Institute

Biofuels
Biofuels, land access and rural livelihoods in Mozambique / Isilda Nhantumbo and Alda Salomão

Clean Air Act
Smog check : science, federalism, and the politics of clean air / Douglas S. Eisinger

Climate Change
Climate change law and policy : EU and US approaches / Cinnamon Piñon Carlarne

Emissions Trading
Cap-and-trade : law and economics / by Earl W. Phillips, Jr. ... [et al.]

Energy
Energy for the 21st century : a comprehensive guide to conventional and alternative sources / Roy L. Nersesian

Greenhouse Gases
EPA's mandatory greenhouse gas reporting rule / by Mary Ellen Ternes ; general editor, Bradley M. Marten

State by state greenhouse gas regulation / by David W. Tundermann ; general editor, Bradley M. Marten

Heritage Sites
Cave Rock : climbers, courts, and a Washoe Indian sacred place / Matthew S. Makley and Michael J. Makley

Insurance
Insurance law for climate related claims / by Delmar R. Ehrich, Diana Young Morrissey, Daniel J. Herber ; general editor, Bradley M. Marten

Maritime Law
Maritime pollution liability and policy : China, Europe, and the US / edited by Michael G. Faure, Han Lixin, & Shan Hongjun

Nano-Technology
Governing uncertainty : environmental regulation in the age of nanotechnology / edited by Christopher J. Bosso

National Security
Power politics : energy security, human rights and transatlantic relations / edited by Esther Brimmer

Natural Resources
Impact of climate change on natural resource management / edited by Bipal K. Jana, Mrinmoy Majumder

NEPA
Treatment of greenhouse gases under the National Environmental Policy Act / by Jeffrey A. Thaler, Dustin T. Till ; general editor, Bradley M. Marten

Toxics
Sacrifice zones : the front lines of toxic chemical exposure in the United States / Steve Lerner ; foreword by Phil Brown

Recent Law Review Articles -- November 2010

ADMINISTRATIVE LAW.
Cannon, Jonathan. The sounds of silence: cost-benefit cannons in Entergy Corp. v. Riverkeeper, Inc. 34 Harv. Envtl. L. Rev. 425-460 (2010).

Ekstrom, Julia A., et al. Gauging agency involvement in environmental management using text analysis of laws and regulations. 6 I/S 189-219 (2010).

Mashaw, Jerry L. The American model of federal administrative law: remembering the first one hundred years. 78 Geo. Wash. L. Rev. 975-992 (2010).

AGRICULTURE.
Jordan, Jason. Comment. A pig in the parlor or food on the table: is Texas’s Right to Farm Act an unconstitutional mechanism to perpetuate nuisances or sound public policy ensuring sustainable growth? 42 Tex. Tech. L. Rev. 943-985 (2010).

LaCroix, Catherine J. Urban agriculture and other green uses: remaking the shrinking city. 42 Urb. Law. 225-285 (2010).

Peters, Kathryn A. Note. Creating a sustainable urban agriculture revolution. 25 J. Envtl. L. & Litig. 203-247 (2010).

ALTERNATIVE ENERGY.
Eisen, Joel B. Can urban solar become a “disruptive” technology?: the case for solar utilities. 24 Notre Dame J.L. Ethics & Pub. Pol’y 53-98 (2010).

ANIMAL LAW.
Gregory, John DeWitt. Pet custody: distorting language and the law. 44 Fam. L.Q. 35-64 (2010).

Karp, Adam P. and Julie I. Fershtman. Recent developments in animal tort and insurance law. 45 Tort Trial & Ins. Prac. L.J. 149-177 (2010).

Renwick, Megan L. Note. Animal hoarding: a legislative solution. 47 U. Louisville L. Rev. 585-606 (2009).

Seps, Christopher D. Note. Animal law evolution: treating pets as persons in tort and custody disputes. 2010 U. Ill. L. Rev. 1339-1373.

ARCTIC.
Casper, Kristin Noelle. Student article. Oil and gas development in the Arctic: softening of ice demands hardening of international law. 49 Nat. Resources J. 825-881 (2009).

BOOK REVIEWS.
Garnett, Nicole Stelle, Unbundling of homeownership: regional reforms from the inside out. (Reviewing Lee Anne Fennell, The Unbounded Home: Property Values Beyond Property Lines.) 119 Yale L.J. 1904-1946 (2010).

Kass, Stephen L. A review of Climate Change Law: Mitigation and Adaptation by Richard G. Hildreth, et al. 27 Pace Envtl. L. Rev. 619-622 (2010).

Lockhart, Irit and Gabriella K.F. Stockmayer. Book note. (Reviewing Nicholas A. Ashford and Charles C. Caldart, Environmental Law, Policy, and Economics: Reclaiming the Environmental Agenda.) 21 Colo. J. Int’l Envtl. L. & Pol’y 515-519 (2010).

CERCLA.
Heffernan, Lea J. Application of the remedial purpose canon to CERCLA successor liability issues after United States v. Bestfoods: why state corporate law should be applied in circuits encompassing substantial continuity exception states. 30 N. Ill. U. L. Rev. 387-428 (2010).

CLEAN AIR ACT.
Howard, Robert M., Patricia Guerrero and Jason M. Ohta. Test methods matter: representative sampling and Clean Air Act test methods can survive EPA’s credible evidence rule. 25 J. Envtl. L. & Litig. 37-84 (2010).

CLEAN WATER ACT.
Adler, Robert W. Resilience, restoration, and sustainability: revisiting the fundamental principles of the Clean Water Act. 32 Wash. U. J.L. & Pol’y 139-173 (2010).

Shanor, Marianne Kunz. Case note. Administrative law—the Supreme Court’s impingement of Chevron’s two-step. (Entergy Corp. v. Riverkeeper, Inc., 129 S. Ct. 1498, 2009.) 10 Wyoming L. Rev. 537-556 (2010).

CLIMATE CHANGE.
Brunnée, Jutta. From Bali to Copenhagen: towards a shared vision for a post-2012 climate regime? 25 Md. J. Int’l L. 86-108 (2010).

International Climate Change Mitigation and Adaption Post-Copenhagen. Introduction by Richard L. Ottinger; articles by Michael I. Jeffrey, Paul Stanton Kibel, Lise Johnson, Randall S. Abate, Andrew B. Greenlee and Nicholas A. Robinson; book review by Stephen L. Kass; panel discussion with James Van Nostrand, moderator and Nicholas A. Robinson, Richard L. Ottinger, Andrew C. Revkin, Caleb Christopher, Shakeel Kazmi, Saleem Ali and student Joanne Kalas, panelists. 27 Pace Envtl. L. Rev. 441-647 (2010).

Jeffery, Michael I. Carbon capture and storage: wishful thinking or a meaningful part of the climate change solution. 27 Pace Envtl. L. Rev. 421-472 (2010).

Johnson, Lise. Advocacy strategies for promoting greater consideration of climate change and human rights in development activities: the case of the West Seti Hydroelectric Project in Nepal. 27 Pace Envtl. L. Rev. 511-553 (2010).

Kibel, Paul Stanton. Climate adaption policy at the continental level: natural resources in North America and Europe. 27 Pace Envtl. L. Rev. 473-509 (2010).

Long, Jerrold A. From warranted to valuable belief: local government, climate change, and giving up the pickup to save Bangladesh. 49 Nat. Resources J. 743-800 (2009).

Tsosie, Rebecca. Keynote address: indigenous peoples and global climate change: intercultural models of climate equity. 25 J. Envtl. L. & Litig. 7-17 (2010).

COASTAL AREAS.
Christie, Donna R. Of beaches, boundaries and SOBs. 25 J. Land Use & Envtl. L. 19-75 (2009).

COAL.
Haderlie, Nicholas T. Case note. Energy law—finding the appropriate authority for federal coal mine methane leasing. (Vessels Coal Gas, Inc., 175 I.B.L.A. 8, 2008.) 10 Wyoming L. Rev. 515-536 (2010).

COMPARATIVE LAW.
Bauer, Carl J. Dams and markets: rivers and electric power in Chile. 49 Nat. Resources J. 583-651 (2009).

Brietzke, Paul H. and Carl Adrianopoli. Climate change in cities of the developing world. 25 J. Envtl. L. & Litig. 85-121 (2010).

Dellapenna, Joseph W. Behind the Red Curtain: environmental concerns and the end of communism. 2 J.E.L. 1-35 (2009).

Gatmaytan-Magno, Dante. Judicial restraint and enforcement of environmental rights in the Philippines. 12 Or. Rev. Int’l L. 1-30 (2010).

CONSERVATION.
Colburn, Jamison E. Qualitative, quantitative, and integrative conservation. 32 Wash. U. J.L. & Pol’y 237-292 (2010).

CONSERVATION EASEMENTS.
Morris, Amy Wilson and Adena R. Rissman. Public access to information on private land conservation: tracking conservation easements. 2009 Wis. L. Rev. 1237-1282.

COPENHAGEN.
Copenhagen (COP-15) Roundtable. James Van Nostrand, moderator; Nicholas A. Robinson, Richard L. Ottinger, Andrew C. Revkin, Caleb Christopher, Shakeel Kazmi, Saleem Ali and student Joanne Kalas, panelists. 27 Pace Envtl. L. Rev. 623-647 (2010).

Ottinger, Richard L. Introduction: Copenhagen Climate Conference—success or failure? 27 Pace Envtl. L. Rev. 411-419 (2010).

Robinson, Nicholas A. The sands of time: reflections on the Copenhagen climate negotiations. 27 Pace Envtl. L. Rev. 599-617 (2010).

ELECTRICAL UTILITIES.
Twaite, Kari. Note. Monopoly money: reaping the economic and environmental benefits of microgrids in exclusive utility service territories. 34 Vt. L. Rev. 975-998 (2010).

EMISSIONS TRADING.
Smith, Bryant Walker. Stakeholder reaction to emissions trading in the United States, the European Union, and the Netherlands. 25 J. Land Use & Envtl. L. 137-156 (2009).

ENDANGERED SPECIES ACT.
Doremus, Holly. The Endangered Species Act: static law meets dynamic world. 32 Wash. U. J.L. & Pol’y 175-235 (2010).

ENERGY INDUSTRY.
Duane, Timothy P. Greening the grid: implementing climate change policy through energy efficiency, renewable portfolio standards, and strategic transmission system investments. 34 Vt. L. Rev. 711-780 (2010).

ENERGY POLICY.
Dorsi, Michael S. Case comment. (Piedmont Environmental Council v. FERC, 558 F.3d 304, 2009, cert. denied, 130 S. Ct. 1138, 2010.) 34 Harv. Envtl. L. Rev. 593-603 (2010).

ENVIRONMENTAL ACTIVISM.
Dorris, Beth S. It’s not easy being green: evolving legal frameworks to address the unanticipated consequences of new environmental programs. 3 J. Bus. Entrepreneurship & L. 237-253 (2010).

ENVIRONMENTAL LAW.
Leitman, Melanie. Recent developments. 25 J. Land Use & Envtl. L. 157-190 (2009).

New Directions in Environmental Law. Articles by A. Dan Tarlock, William W. Buzbee, Hari M. Osofsky, Robert L. Glicksman, Matthew R. Batzel, Robert W. Adler, Holly Doremus, Jamison E. Colburn, Daniel R. Mandelker, Ted Boling, David Markell and David E. Adelman. 32 Wash. U. J.L. & Pol’y 1-442 (2010).

FORESTS.
Willms, David J. The mountain pine beetle: how forest mismanagement and a flawed regulatory structure contributed to an uncontrollable epidemic. 10 Wyoming L. Rev. 487-514 (2010).

GENETIC MODIFICATION.
Bussell, Charles J. Note. As Montville, Maine goes, so goes Wolcott, Vermont? A primer on the local regulation of genetically modified crops. 43 Suffolk U.L. Rev. 727-748 (2010).

GREENHOUSE GASES.
Gore, Nikhil V. and Jennifer E. Tarr. Case comment. (Connecticut v. American Electric Power Co., 582 F.3d 309, 2009.) 34 Harv. Envtl. L. Rev. 577-591 (2010).

Rankin, Adam Gardner. Student article. Geologic sequestration of CO2: how EPA’s proposal fails short. 49 Nat. Resources J. 883-942 (2009).

Saltzman, Rachel Ward. Note. Distributing emissions rights in the global order: the case for equal per capita allocation. 13 Yale Hum. Rts. & Dev. L.J. 281-306 (2010).

INDIGENOUS PEOPLE.
Phillips, Valerie J. Indigenous (ecological) economics remastered. 49 Washburn L.J. 781-804 (2010).

INTERNATIONAL LAW.
Parish, Matthew T. and Charles B. Rosenberg. An introduction to the Energy Charter Treaty. 20 Am. Rev. Int’l Arb. 191-207 (2009).

Percival, Robert V. Liability for environmental harm and emerging global environmental law. 25 Md. J. Int’l L. 37-63 (2010).

Vendzules, Sarah Fick. The struggle for legitimacy in environmental standards systems: the OECD Guidelines for Multinational Enterprises. 21 Colo. J. Int’l Envtl. L. & Pol’y 451-489 (2010).

Werksman, Jacob and Kirk Herbertson. The aftermath of Copenhagen: does international law have a role to play in a global response to climate change? 25 Md. J. Int’l L. 109-142 (2010).

LAND USE.
Phillips, Georgette Chapman. An urban slice of apple pie: rethinking homeownership in U.S. cities. 24 Notre Dame J.L. Ethics & Pub. Pol’y 187-217 (2010).

LEGAL PROCESS.
Brescia, Raymond H. On public plaintiffs and private harms: the standing of municipalities in climate change, firearms, and financial crisis litigation. 24 Notre Dame J.L. Ethics & Pub. Pol’y 7-52 (2010).

Robbins, Ruth Anne. Conserving the canvas: reducing the environmental footprint of legal briefs by re-imagining court rules and document design strategies. 7 J. Ass’n Legal Writing Directors 193-202 (2010).

MARITIME LAW.
Daly, Michael J., et al. Recent developments in admiralty and maritime law. 45 Tort Trial & Ins. Prac. L.J. 119-147 (2010).

MINING.
Bakken, Gordon Morris. Mining and pollution in the West: the limits of law protecting the environment. 21 W. Legal Hist. 209-236 (2008).

Evans, Sam. Voices from the desecrated places: a journey to end mountaintop removal mining. 34 Harv. Envtl. L. Rev. 521-576 (2010).

Kloeckner, Jane. Developing a sustainable hardrock mining and mineral processing industry: environmental and natural resource law for twenty-first century people, prosperity, and the planet. 25 J. Envtl. L. & Litig. 123-188 (2010).

NATIONAL SECURITY.
Mumme, Stephen P. and Oscar Ibáñez. U.S.-Mexico environmental treaty impediments to tactical security infrastructure along the international boundary. 49 Nat. Resources J. 801-824 (2009).

NATIVE AMERICAN LANDS.
Blumm, Michael C. and Jane G. Steadman. Indian treaty fishing rights and habitat protection: the Martinez Decision supplies a resounding judicial reaffirmation. 49 Nat. Resources J. 653-706 (2009).

Unger, Kathleen R. Note. Change is in the wind: self-determination and wind power through tribal energy resource agreements. 43 Loy. L.A. L. Rev. 329-371 (2009).

NEPA.
Boling, Ted. Making the connection: NEPA processes for national environmental policy. 32 Wash. U. J.L. & Pol’y 313-331 (2010).

Mandelker, Daniel R. The National Environmental Policy Act: a review of its experience and problems. 32 Wash. U. J.L. & Pol’y 293-312 (2010).

Villmer, Matthew M. Procedural squabbling ahead of global annihilation: strengthening the National Environmental Policy Act in a new technological era. 11 Fla. Coastal L.J. 321-340 (2010).

NEW YORK.
Lavine, Amy and Norman Oder. Urban redevelopment policy, judicial deference to unaccountable agencies, and reality in Brooklyn’s Atlantic Yards project. 42 Urb. Law. 287-373 (2010).

NUCLEAR WASTE.
de Saillan, Charles. Disposal of spent nuclear fuel in the United States and Europe: a persistent environmental problem. 34 Harv. Envtl. L. Rev. 461-519 (2010).

OCEANS.
Abate, Randall S. and Andrew B. Greenlee. Sowing seeds uncertain: ocean iron fertilization, climate change, and the international environmental law framework. 27 Pace Envtl. L. Rev. 555-598 (2010).

White, Jonathan P. Note. Drilling in ecologically and environmentally troubled waters: law and policy concerns surrounding development of oil resources in the Florida Straits. 21 Colo. J. Int’l Envtl. L. & Pol’y 557-595 (2010).

OUTER SPACE.
Tennen, Leslie I. Towards a new regime for exploitation of outer space mineral resources. 88 Neb. L. Rev. 794-831 (2010).

PETROLEUM INDUSTRY.
Conti-Brown, Peter. Student article. Increasing the capacity for corruption?: law and development in the burgeoning petro-state of São Tomé e Principe. 12 Berkeley J. Afr.-Am. L. & Pol’y 33-65 (2010).

PROFESSIONAL RESPONSIBILITY.
Connolly, Kim Diana. Navigating tricky ethical shoals in environmental law: parameters of counseling and managing clients. 10 Wyoming L. Rev. 443-460 (2010).

PUBLIC LANDS.
Houseal, Lindsay. Comment. Wilderness Society v. Kane County, Utah: a welcome change for the Tenth Circuit and environmental groups. (Wilderness Soc’y v. Kane County, Utah, 581 F.3d 1198, 2009.) 87 Denv. U. L. Rev. 725-745 (2010).

PUBLIC TRUSTS.
Craig, Robin Kundis. Adapting to climate change: the potential role of state common-law public trust doctrines. 34 Vt. L. Rev. 781-853 (2010).

STATE AND LOCAL LAW.
Klass, Alexandra B. State standards for nationwide products revisited: federalism, green building codes, and appliance efficiency standards. 34 Harv. Envtl. L. Rev. 335-368 (2010).

Lieberman, Michele L. Save the Homosassa River Alliance v. Citrus County: an expansion of standing under Florida Statute 163.3215. 39 Stetson L. Rev. 351-368 (2010).

Osofsky, Hari M. Multiscalar governance and climate change: reflections on the role of states and cities at Copenhagen. 25 Md. J. Int’l L. 64-85 (2010).

Romero, Alan. Local regulation of mineral development in Wyoming. 10 Wyoming L. Rev. 463-486 (2010).

TAKINGS.
Goodwin, John T. Note. Justice and the Just Compensation Clause: a new approach to economic development takings. (Kelo v. City of New London, 545 U.S. 469, 2005.) 24 Notre Dame J.L. Ethics & Pub. Pol’y 219-253 (2010).

TORTS.
Gold, Steve C. The more we know, the less intelligent we are? —How genomic information should, and should not, change toxic tort causation doctrine. 34 Harv. Envtl. L. Rev. 369-423 (2010).

TOXICS.
Markell, David. An overview of TSCA, its history and key underlying assumptions, and its place in environmental regulation. 32 Wash. U. J.L. & Pol’y 333-375 (2010).

TRANSPORTATION.
Lewyn, Michael. Why pedestrian-friendly street design is not negligent. 47 U. Louisville L. Rev. 339-371 (2008).

URBAN ENVIRONMENT.
Lavine, Amy. Urban renewal and the story of Berman v. Parker. 42 Urb. Law. 423-475 (2010).

Symposium on Urban Development in the 21st Century. Foreword by Adolfo Carrión, Jr.; articles by Raymond H. Brescia, Joel B. Eisen, Richardson Dilworth, Nicole Stelle Garnett, John Mixon and Georgette Chapman Phillips; notes by John T. Goodwin and Amir Steinhart. 24 Notre Dame J.L. Ethics & Pub. Pol’y 1-284 (2010).

WATER LAW.
Broadbent, Craig D., et al. Water leasing: evaluating temporary water rights transfers in New Mexico through experimental methods. 49 Nat. Resources J. 707-741 (2009).

Bilenky, William S. An alternative strategy for water supply and water resource development in Florida. 25 J. Land Use & Envtl. L. 77-107 (2009).

Joint McGill-Vermont Law School Workshop on Water. Introduction by L. Kinvin Wroth; articles by Madeleine Cantin Cumyn, Robert P. Godin, Janet E. Milne, Kim Brooks, Jane Matthews Glenn, Vrinda Narain, Jack R. Tuholske and Patrick Parenteau. 34 Vt. L. Rev. 855-973 (2010).

Kaufman, Bryce. Note. A delicate balance: Connecticut’s minimum water flow statute. 21 Stan. L. & Pol’y Rev. 179-189 (2010).

Martin, Chantz. Comment. The Clean Water Act suffers a crushing blow: the U.S. Supreme Court clears the way for the mining industry to pollute U.S. waters. (Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 129 S. Ct. 2458, 2009.) 49 Washburn L.J. 933-962 (2010).

O’Connell, Tyson Radley. Note. Stream access in Montana and the dispute over public recreation on the Mitchell Slough. 71 Mont. L. Rev. 433-447 (2010).

Williams, Sarah. Comment. Riparian landowners versus the public: the importance of roads and highways for public access to Wisconsin’s navigable waters. 2010 Wis. L. Rev. 185-225.

WATER POLLUTION.
Wombacher, William. Note. There’s cologne in the water: the inadequacy of U.S. environmental statutes to address emerging environmental contaminants. 21 Colo. J. Int’l Envtl. L. & Pol’y 521-555 (2010).

WATER RESOURCES.
Eaton, Jonathan R. Note. The sieve of groundwater pollution protection: a public health law analysis. 6 J. Health & Biomed. L. 109-146 (2010).

Simms, Virginia. Comment. Making the rain: cloud seeding, the imminent freshwater crisis, and international law. 44 Int’l Law. 915-937 (2010).

Tuholske, Jack R. Hot water, dry streams: a tale of two trout. 34 Vt. L. Rev. 927-956 (2010).

WETLANDS.
Lingle, R. Benjamin. Note. The constitutionality and economic impacts of federal jurisdiction of wetlands: the Clean Water Restoration Act of 2009. 62 Fla. L. Rev. 1091-1118 (2010).

ZONING.
Benson, Nicholas. Note. A tale of two cities: examining the success of inclusionary zoning ordinances in Montgomery County, Maryland and Boulder, Colorado. 13 J. Gender Race & Just. 753-777 (2010).

Managing Allowance Prices in a Cap-and-Trade Program -- CBO

This report from the Congressional Budget Office (Pub. No. 4081), dated November 2010, finds that the accumulation of greenhouse gases in the atmosphere--particularly carbon dioxide released as a result of deforestation and the use of fossil fuels--could create costly changes in regional climates throughout the world.

Concern about the damage from such changes has led policymakers and analysts to consider policies designed to reduce emissions of those gases. Many proposals have focused on cap-and-trade programs, which would limit the number of tons of greenhouse gases emitted into the atmosphere over several decades from certain sectors of the U.S. economy. Under such a program, lawmakers would set gradually tightening annual caps on greenhouse gas emissions that together would imply a cumulative limit over the duration of the policy. Rights to emit the gases, referred to as allowances, would then be distributed to businesses or other entities, such as state governments, in amounts that corresponded to those limits. (One allowance would permit one ton of emissions.) The government could distribute the allowances by either selling them, possibly in an auction, or giving them away. Once the allowances were distributed, they could be bought and sold in the secondary market for them that would develop....

[This report] examines the potential effects of features that would help manage allowance prices, and thus the cost of complying with a cap-and-trade program, by altering the number of allowances available to firms at various prices."

Advanced Biofuels Research Pathways -- Webinar

The U.S. Department of Energy's (DOE's) Biomass Program is hosting a Webinar on Thursday, November 18, 2010, from 3:00-4:30 p.m. EST.

This Web conference is the second installment in the Biomass Program's Webinar series, which will cover many of the program's activities and feature "Hot Topics" discussions relevant to the development of renewable fuels, power, and products from biomass resources.

The Webinar will feature an overview of the program's ongoing advanced biofuels research and will include presentations on biochemical and thermochemical conversions. This session will also discuss the progress the National Advanced Biofuels Consortium (NABC) is making in research, development, and demonstration of process technology strategies to convert biomass feedstock into a form that can be used in a petroleum refinery. These new and innovative approaches can advance the commercialization and adoption of advanced biofuels.

EPA - America Recycles Day - November 15th

Everyday Americans recycle their trash because they know it’s an important activity that can have a positive impact on the environment. But once a year the U.S. Environmental Protection Agency sets aside November 15 to remind everyone that recycling plays a dramatic role in reducing pollution. It’s a great day to recommit to recycling, and to consider adding some additional recycling activities to our daily routines.

Re·store·á·Nation: The Economic Benefits of Restoring the Lands and Waters of our National Parks-- NPCA

This report from the National Parks Conservation Association highlights the need for continuing investments in restoration projects to sustain economies, maintain healthy ecosystems, address climate change, and create American jobs.

The report includes examples from: California, the Great Lakes, Louisiana, Maine, Connecticut, Washington, Colorado, and Arkansas. Click here to view a slide show of report images and projects.

Re·store·á·Nation highlights projects throughout the country that demonstrate economic benefits, including:

• Restoring coastal wetlands in Connecticut was significantly correlated with an average increase in housing values of more than $11,000.
• Implementing a comprehensive Great Lakes restoration strategy could support nearly $50 billion in economic activity in the region.
• Restoring the Elwha River in Olympic National Park is projected to generate 1,200 new jobs in Clallam County, Washington.
• Implementing Florida’s state climate action plan would generate 148,000 jobs over 16 years, including nearly 40,000 jobs restoring and establishing forests.

The report also includes the findings of a recent study that found conserving or restoring land instead of using it for industrial development is correlated with sustained economic growth.

Acton Roundtable 2: Marxism, Utopianism, Environmentalism

“Environmentalism, Marxism, Utopianism,” Part 2 of a recent Acton roundtable discussion, is now available. Michael Miller leads a discussion with Samuel Gregg, Jordan Ballor and Anielka Munkel about environmentalism, Marxism, liberation, theology, Christian syncretism, Utopianism and one of Michael’s favorite topics, Alexis de Tocqueville.

Pace Law School Environmental Consortium

Pace Law School is pleased to partner with the Environmental Consortium of Hudson Valley Colleges & Universities to announce the 2011 scholarship for incoming first year students. Pace University, through the Pace Academy for Applied Environmental Studies, was instrumental in organizing the Environmental Consortium that now includes 55 institutions of higher education in the Hudson Valley region. The mission of the Consortium is to harness higher education’s intellectual and physical resources to advance regional, ecosystem-based environmental research, teaching, and learning through interdisciplinary, collaborative programs and information sharing.

In support of the Consortium’s mission, Pace Law School is offering a “Merit Scholarship” award to a fall 2011 entering student who is either currently enrolled in or has earned his or her bachelors or masters degree from one of the Consortium’s member institutions and has demonstrated an interest in environmental issues affecting the Hudson River watershed region.

Scholarship benefits consist of a merit scholarship ranging from $3,000 to $10,000 towards law school tuition, depending upon the student’s qualifications and Pace’s financial resources. The award is renewable each year based on continued academic excellence. The scholarship recipient will be expected to complete at least one written work related to a regional environmental issue(s) while at Pace Law School.

AMOUNT OF AWARD: up to $10,000

Potomac Conservancy Report: State of the Nation's River 2010

This report Farms and Forests: Rural Land Use in the Potomac Watershed, highlights the value of our natural and working landscapes, as well as the pressures facing both from man-made causes, primarily development.

The report makes the case for placing a high value on forested lands, and also appropriately scaled and well-managed farms, by recognizing the value of such lands when compared to developed or built environments. We highlight the importance of rural lands in this developing watershed, and discuss the stressors that are currently affecting the health of lands and waters in the Potomac region.

The potential for significant pollution from agricultural lands does not diminish the cultural and economic importance of farming. Pollution from nutrients, disease-causing organisms such as E. coli and carcinogens and mutagens such as endocrine disrupting compounds from antibiotics, herbicides, and pesticides can be lessened with adherence to best management practices.

Deepwater Horizon Oil Spill: Preliminary Assessment of Federal Financial Risks and Cost Reimbursement and Notification Policies and Procedures -- GAO

This report from the Government Accountability Office (GAO-11-90R) finds that "The total cost to clean up this massive and potentially unprecedented spill, the damage to the environment, as well as the potential impact to the livelihood and economic status of businesses and individuals in the region will undoubtedly be significant, with current estimates from BP and Oxford Economics in the tens of billions of dollars. However, the full extent of such costs and the extent to which they will ultimately be paid by the Responsible Parties or federal, state, and local governments is unknown at this time and depends on a variety of factors."

Travel Course to Belize

March 12 – March 19

2011The focus of the 2011 documentary course will be the pioneering efforts of Linda Thornton, an American woman living in Belize, to develop ways to farm shrimp that don’t harm the environment.

In many parts of the world the farms that produce the frozen shrimp Americans buy result in the destruction of mangrove forests and other costal ecosystems, use large amounts of water and generate choking flows of pollution. Thornton and partners in Belize, a tiny country of rainforests and coral reefs along the Yucatan peninsula, have tried a different approach, gaining the support of the World Wildlife Fund.

Andy Revkin, the veteran New York Times environmental correspondent and senior fellow for environmental understanding at the Pace Academy for Applied Environmental Studies, will help plan and execute the film with Dr. Maria Luskay.

Contact: Professor: Dr. Maria Luskay, mluskay@pace.edu, 914- 773-3353, Media & Communication Arts

Cost: $2,800 includes r/t airfare, 4 nights in Independence with daily breakfast and 2 dinners, excursion to Jaguar Preserve, 3 nights at Pelican Resort in Palencia with all meals/drinks included.

Payment Dates: Your confirmation deposit of $1,000 is due December 1, 2010. Final payment is due by February 1, 2011. Payments can be made at the Study Abroad Office.

The Spill -- Frontline

This online video shows that over the past decade, BP vaulted from an energy "also-ran" to one of the biggest companies in the world, gobbling up competitors in a series of mergers that delivered handsome profits for shareholders.

An investigation by FRONTLINE and the nonprofit newsroom ProPublica shows that BP's leadership failed to create a culture of safety in the massive new company. As BP took increasingly big risks to find oil and extract it, the company left behind a trail of mounting problems: deadly accidents, disastrous spills, countless safety violations. Each time, BP acknowledged the wider flaws in its culture and promised to do better. The FRONTLINE/ProPublica investigation shows that the rhetoric was empty. From the refineries to the oil fields to the Gulf of Mexico, BP workers understood that profits came first.

Green Building Practices: Legal, Financial, Technical Drivers in the Marketplace -- BNA Webinar

This BNA Webinar covers global and domestic trends related to climate change and energy efficiency that have resulted in the continued expansion of green building initiatives, even during a down market and stubborn economic recession.

Despite the clear advantages for building owners, much remains unknown about the risks that may be associated with certain green building techniques and materials that remain fairly new in the commercial real estate sector. There also are gaps in how to measure and collect/secure data on the effectiveness of green construction. Therefore, it is critical that practitioners involved in green building understand the legal, financial, and technical drivers for success with green building practices; identify and mitigate any identified associated risks; and develop best practices to ensure green building benefits are optimized.

During this 90-minute webinar, you will hear from experts in the field who will focus on the practical aspects of green building that parties must consider to ensure a successful strategy. This webinar is designed to help you:

■ Identify the legal issues that must be considered in the project planning stage, including the scope of the green building construction or retrofit contracts, contract terms, and leases, as well as allocations of liabilities and risks

■ Analyze the financial considerations of green building projects, including insurance and differences between new construction and retrofits

■ Gain insight about building certification and the importance of commissioning

■ Learn what technical issues need to be addressed in the project planning process and post-completion to ensure energy efficiency targets are met

■ Understand methods by which cost and energy savings can be measured as well as the data support behind such metrics to support financing, and new financial products like green mortgage backed securities, PACE finance, and bond finance

■ Implement best practices for green building projects to avoid pitfalls while preserving opportunities

■ Consider future areas of green building practices to monitor, such as unintended consequences of greening, new building and construction codes, indoor air quality and health and eco-labeling

Date: Thursday, December 02, 2010
Time: 1:00 PM - 2:30 PM (ET)

Fighting Oil Addiction: Ranking States' Gasoline Price Vulnerability and Solutions for Change -- NRDC

This Report for 2010 from the National Resources Defense Council finds that:

• Oil dependence affects all states, but some drivers are hit harder economically than others.

• Drivers in 2009 spent a markedly lower percentage of their income on gasoline than they did in 2008, and drivers in all but 5 states actually spent a lower percentage than they did in 2006. This is a notable change in the trend of the past few years, which saw increasing vulnerability.

• While some states are pioneering solutions and many are taking some action, a fair number of states are still taking few (if any) of the steps needed to reduce their oil dependence.

Nuclear Commerce: Governmentwide Strategy Could Help Increase Commercial Benefits from U.S. Nuclear Cooperation Agreements with Other Countries -- GAO

This Report (GAO-11-36 November 4, 2010) by the Government Accountability Office finds that no single federal agency systematically tracks and reports the data necessary to determine the amount and value of U.S. nuclear exports facilitated by U.S. nuclear cooperation agreements.

Data from the departments of Commerce, Energy (DOE), State, and the Nuclear Regulatory Commission (NRC) contain gaps and in some cases were not sufficiently detailed for GAO's reporting purposes. Using data from the United Nations Commodity Trade Statistics database, GAO found that the United States' share of global exports of nuclear material, reactors, and components has declined in the last 15 years.

The U.S. also imports sensitive nuclear material, nuclear reactors, major components and equipment, and minor reactor parts from other countries. GAO found that in sum, the United States was a net importer of nuclear components and materials, which may indicate a lack of comparative advantage in this industry.

Commerce has an initiative to coordinate interagency efforts and identify and respond to the U.S. nuclear industry's trade policy challenges, but the initiative has made limited progress and does not include a well-defined strategy to support and promote U.S. nuclear industry efforts to compete globally. DOE, NRC, and State officials told us they rely on Commerce to develop and lead U.S. nuclear industry export promotion activities.

Commerce, State, and DOE officials as well as U.S. industry representatives identified challenges facing the U.S. nuclear industry, including a decline in domestic manufacturing capabilities, increased international competition, and U.S. industry's liability concerns.

In particular, industry representatives told us they believe that DOE's regulations are outdated and place U.S. companies at a competitive disadvantage. GAO recommends that Commerce (1) identify additional nuclear data that may better quantify the export benefits of nuclear cooperation agreements, (2) review its strategy document to identify markets and include benchmarks for evaluating progress, and (3) consider ways the interagency trade promotion committee may obtain a comprehensive range of U.S. industry views.

Trends in Chemicals Law: An EHS Regulatory Perspective -- BNA Webinar

This BNA Webinar discusses the fact that Environmental Law traditionally has been media-specific, focusing on chemicals in air, water, and waste after their useful life has ended. Increasingly, concerns about chemicals in products have emerged as an important focus of environmental law. As such, it is important for practitioners to recognize the interrelationship of chemicals of concern issues across statutes, agencies, countries, and chemicals, and understand how regulatory and policy trends and reforms related to chemicals may impact this practice area.

This 90-minute webinar, featuring Mark N. Duvall, a principal with Beveridge & Diamond, P.C. in Washington, D.C., is designed to help you:

• Understand federal law and policy on chemicals in products spanning various agencies, including the Consumer Product Safety Commission, Environmental Protection Agency, and Food and Drug Administration, among others

• Gain insight about chemicals regulation under the Toxic Substances Control Act and the implications of significant efforts under way for TSCA legislation to make it a more streamlined, effective tool for regulating chemicals

• Learn about chemicals management on the state level, such as California’s Green Chemistry Initiative as well as efforts in other states to address chemicals in products on a more comprehensive basis

• Analyze the current approach to regulating chemicals through a case study on bisphenol A and consider how TSCA legislation and state green chemistry programs might impact future chemicals legal practice

Date: Tuesday, November 16, 2010
Time: 1:00 PM - 2:30 PM (ET)

Changes in the Arctic: Background and Issues for Congress -- CRS

This Report from the Congressional Research Service, by Ronald O'Rourke, Coordinator
Specialist in Naval Affairs, dated October 15, 2010, finds that "the diminishment of Arctic sea ice has led to increased human activities in the Arctic, and has heightened concerns about the region’s future. The United States, by virtue of Alaska, is an Arctic country and has substantial interests in the region.

On January 12, 2009, the George W. Bush Administration released a presidential directive, called National Security Presidential Directive 66/Homeland Security Presidential Directive 25 (NSPD 66/HSPD 25), establishing a new U.S. policy for the Arctic region. Record low extent of Arctic sea ice in 2007 focused scientific and policy attention on its linkage to global climate change, and to the implications of projected ice-free seasons in the Arctic within decades. The Arctic has been projected by several scientists to be perennially ice-free in the late summer by the late 2030s.

The five Arctic coastal states—the United States, Canada, Russia, Norway, and Denmark (of which Greenland is a territory)—are in the process of preparing Arctic territorial claims for submission to the Commission on the Limits of the Continental Shelf. The Russian claim to the enormous underwater Lomonosov Ridge, if accepted, would reportedly grant Russia nearly one half of the Arctic area. There are also four other unresolved Arctic territorial disputes.

The diminishment of Arctic ice could lead in the coming years to increased commercial shipping on two trans-Arctic sea routes. Current international guidelines for ships operating in Arctic waters are being updated, with a targeted completion date of 2010. Changes to the Arctic brought about by warming temperatures will likely allow more exploration for oil, gas, and minerals.

Warming that causes permafrost to melt could pose challenges to onshore exploration activities. Increased oil and gas exploration and tourism (cruise ships) in the Arctic increase the risk of pollution in the region. Cleaning up oil spills in ice-covered waters will be more difficult than in other areas, primarily because effective strategies have yet to be developed. Large commercial fisheries exist in the Arctic.

The United States is currently meeting with other countries regarding the management of Arctic fish stocks. Changes in the Arctic could affect threatened and endangered species. Under the Endangered Species Act, the polar bear was listed as threatened on May 15,2008. Arctic climate change is also expected to affect the economies, subsistence, health, population, societies, and cultures of Arctic indigenous peoples."

Civil Litigation Management Manual, Second Edition

This is an updated online Manual from the Judicial Conference of the United States, Committee on Court Administration and Case Management.

Th Civil Litigation Management Manual, 2nd ed., provides trial judges a handbook on managing civil cases. It sets out a wide array of case-management techniques, beginning with early case screening and concluding with steps for streamlining trials and final disposition. It also discusses a number of special topics, including pro se and high visibility cases, the role of staff, and automated programs that supports case management.

The new edition incorporates statutory and rules changes and contains updated advice on electronic case management, electronic discovery, and ways of containing costs and expediting cases. The manual, which was produced and is being updated pursuant to a requirement set forth in the Civil Justice Reform Act of 1990, is based on the experiences of federal district and magistrate judges and reflects techniques they have developed.

The new Manual was prepared under the direction of the Judicial Conference Committee on Court Administration and Case Management, with substantial contributions from the Administrative Office of the U.S. Courts and the Federal Judicial Center, and was approved by the Judicial Conference in March 2010. This new edition supersedes the first edition (2001) and the Manual for Litigation Management and Cost and Delay Reduction (1992).

Environmental Law -- ALI-ABA CLE

41st Annual ALI-ABA Course of Study
Cosponsored by the Environmental Law Institute (ELI) and The Smithsonian Institution
Wednesday-Friday February 2-4, 2011 Washington Plaza Hotel Washington, DC

The 41st anniversary presentation of this annual program, featurs more than 15 hours of instruction, looks at legislative initiatives, regulatory changes, and new precedent issued during the first half of the Obama administration.

A series of optional introductory lectures on the Clean Air Act, Clean Water Act, and CERCLA on the Wednesday evening before the first full day of the course provide some grounding for newer attorneys and a refresher for more experienced attorneys.

On the heels of the Gulf Coast oil spill, the course features a panel that discusses lessons learned from various perspectives, including the Department of the Interior.

In addition to more advanced presentations on the subjects covered during the introductory lectures, a faculty of seasoned practitioners, federal government representatives (including the EPA, DOJ, and Department of the Interior), law professors, and professionals from advocacy organizations bring you up-to-date on:

Climate change in the courts and state and federal administrations

Citizen suits and the latest government enforcement initiatives

Congressional and U.S. Supreme court developments

NEPA and environmental justice

Water resources, quality, and wetlands

International environmental compliance matters involving global supply chains

Ethical issues (one hour)

A reception on Thursday evening gives you an additional opportunity to network with the faculty and other registrants. Time is reserved throughout the program to address questions from the registrants.

2011 Fuel Economy Guide -- EPA

The U.S. Environmental Protection Agency (EPA) and the Department of Energy (DOE) has released the 2011 Fuel Economy Guide, providing consumers with information about estimated mileage and fuel costs for model year 2011 vehicles. Choosing the most fuel efficient vehicle in a class will save consumers money and reduce carbon pollution.

Making Peace In and With the World: The Role of the Gülen Movement in the Task of Eco-Justice -- Gülen Conference

With a case of Gülen’s thought and the Gülen Movement, the conference aims to explore two dimensions of peace in humanity. First, making peace between differing human communities, and second, making peace between the human community and the living and limited world that embraces us and makes our life possible. The phrase “eco-justice” states this dual reality, as global economic justice must go hand in hand with global ecological justice if “peace” is to be made.

November 04, 2010
Howard Gittis Student Center South (Room 200C),
13th St. & Montgomery Avenue
Temple University, Philadelphia, PA 19122

"Looting the Seas" -- Pew Environmental Group

A special screening of a new documentary on the black market in bluefin tuna.

Please join the Pew Environment Group for a special screening of "Looting the Seas" on the plundering of the majestic bluefin tuna in the Eastern Atlantic and Mediterranean.

International Consortium of Investigative Journalists reporters Marina Walker Guevara and Kate Wilson, who led the seven-month investigation, will answer questions afterward.

Date: November 9, 2010 6:00-8:30 p.m.

Location:
The Pew Charitable Trusts
901 E Street, NW
10th Floor
Washington, DC 20004

Reception to follow.
Please RSVP to Maggie Germano, mgermano@pewtrusts.org, 202.540.6503

New Library Aquisitions -- Week of November 1, 2010

Amazon
Direito ambiental concreto no Amazonas / Vara Especializada do Meio Ambiente e de questões Agrarias e do Centro de Apoio Operacional das Promotorias do Meio Ambiente e Patrimônio Historico

Greenhouse Gases
Low carbon communities : imaginative approaches to combating climate change locally / edited by Michael Peters, Shane Fudge and Tim Jackson

Heritage Sites
Cave Rock : climbers, courts, and a Washoe Indian sacred place / Matthew S. Makley and Michael J. Makley

Judges
Judges and the rule of law : creating the links : environment, human rights and poverty : papers and speeches from an IUCN Environmental Law Programme (ELP) side event at the 3rd IUCN World Conservation Congress (WCC) held in Bangkok, Thailand, 17-25 November 2004 / edited by Thomas Greiber

Land Use
A planners dictionary / edited by Michael Davidson and Fay Dolnick ; with research assistance from Shannon Armstrong ... [et al.]

New York
The nature of New York : an environmental history of the Empire State / David Stradling

Sustainable Development
Global justice and sustainable development / edited by Duncan French

The ‘Good Life’: Imagining Alternative Futures

Friday, November 5, 2010

Pace University
New York City Campus

Hosted by the Pace Institute for Environmental and Regional Studies (PIERS)
Together with the Pace Environmental Studies Program (ENV)

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 teaching 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’.

National Environmental Law Moot Court Competition -- Pace Law School

The Twenty-third Annual National Environmental Law Moot Court Competition (NELMCC) will be held Thursday, February 24, through Saturday, February 26, 2011, at Pace Law School, White Plains, New York.

Since 1989, student advocates from across the United States and Canada have participated in the National Environmental Law Moot Court Competition hosted by Pace Law School in White Plains, New York. Recognized as the preeminent environmental law moot in the United States, the moot tests skills in appellate brief writing and oral advocacy on issues drawn from real cases, providing experience in environmental litigation first hand.

The Moot draws in excess of 200 competitors from diverse law schools and 200 attorneys who serve as judges for three days of oral arguments to create a rigorous academic experience. The Competition is distinctive in that three adverse teams argue the issues, reflecting the fact that environmental litigation frequently involves multiple parties - the government, a public interest group and a member of the regulated industry. Teams write and file their briefs for their respective parties in early December and come to the Pace campus in February for the oral phase of the Competition. Those with the highest combined scores for both the written brief and oral argument advance to succeeding rounds.

Previous legal problems have included illegal dumping of hazardous waste, vicarious criminal liability of corporate officers for their company's environmental crimes and commerce clause limits on water pollution regulation.

Contact:
National Environmental Law Moot Court Competition
Preston Hall, 212
Pace Law School
78 North Broadway
White Plains, NY 10603
(914) 422.4413 (phone)
(914) 422.4261 (fax)
Email nelmcc@law.pace.edu

Engineering the Climate: Research and Strategies for International Coordination

This Report by Chairman Bart Gordon, Committee on Science and Technology, U.S. House of Representavies, 111th Congress (second session), dated October 2010 states that climate engineering, also known as geoengineering, can be described as the deliberate large scale modification of the earth’s climate systems for the purposes of counteracting and mitigating climate change. As this subject becomes the focus of more serious consideration and scrutiny within the scientific and policy communities, it is important to acknowledge that climate engineering carries with it not only possible benefits, but also an enormous range of uncertainties, ethical and political concerns, and the potential for harmful environmental and economic side effects.

I (Bart Gordon) believe that reducing greenhouse gas emissions should be the first priority of any domestic or international climate initiative. Nothing should distract us from this priority, and climate engineering must not divert any of the resources dedicated to greenhouse gas reductions and clean energy development. However, we are facing an unfortunate reality.

The global climate is already changing and the onset of climate change impacts may outpace the world’s political, technical, and economic capacities to prevent and adapt to them. Therefore, policymakers should begin consideration of climate engineering research now to better understand which technologies or methods, if any, represent viable stopgap strategies for managing our changing climate and which pose unacceptable risks.

EPA Needs to Complete a Strategy for Its Library Network to Meet Users' Needs

This report from the Government Accountability Office (GAO-10-947), dated September 30, 2010, finds that although EPA has taken a number of steps to meet the needs of library users, it has not completed a plan identifying an overall strategy for its library network, with implementation goals and a timeline of what it intends to accomplish. Scheduled for completion in 2008, the strategic plan was to provide EPA staff and the public a detailed view of EPA’s library operations and future direction.

The draft outline of the strategic plan, however, is largely a placeholder list of current and planned EPA activities. For example, while it emphasizes the central role to be played by electronic library resources, the draft outline does not contain goals or a timeline for completing an inventory of holdings or digitizing those holdings. The draft outline also does not set out details of how funding decisions are to be made.

Given the current economic environment, without a completed strategic plan, including a detailed strategy for acquiring, deploying, and managing funding, EPA may find itself hard-pressed to ensure that the network can meet its users’ needs. The agency has reopened libraries closed during reorganization, although about half the network’s 10 regional libraries are operating with reduced hours. EPA has also developed standards for the regional and headquarters libraries’ use of space, on-site collections, staffing, and services.

The Ripple Effect: Water Risk in the Municipal Debt Market

This report from CERES dated October 2010 finds that water availability is being tested like never before. More extreme droughts, surging water demand, pollution, and climate change are growing risks that threaten water supplies in many parts of the United States. In some regions, water scarcity is already crimping economic production and sparking interstate legal battles. The stresses are especially severe in regions experiencing rapid population and economic growth, including the West, Southwest and Southeast.

ENERGY STAR Label Needs to Assure Superior Energy Conservation Performance, A Summary Report

This Report (No. 11-P-0010) dated October 28, 2010, by the Environmental Protection Agencies Office of the Inspector General finds that the EPA’s implementation of the ENERGY STAR program has become inconsistent with the program’s authorized purpose: to achieve environmental benefits by identifying and promoting energy-efficient products and practices that meet the highest energy conservation standards. We believe the ENERGY STAR program has sought to maximize the number of qualified products available at the expense of identifying products and practices that maximize energy efficiency.