Monday, January 31, 2011

The Vision Scenario for the European Union: 2011 Update for the EU-27 -- Greens/EFA Group in the European Parliament

his Report by the Oko Institute finds that global climate change, finite fossil and nuclear resources and the vulnerability of economies and consumers to increasing and volatile prices of fossil energies are the challenges which will determine energy and climate policies for the next decades.

The Vision Scenario represents a pathway which consistently combines short- and medium-term objectives with the long-term objectives. Furthermore it is in line with the greenhouse gas emission budget, which could allow the increase of the global mean temperature to be kept to a level below 2°C compared to pre-industrial levels.

This would require reducing EU greenhouse gas emission by 95%

New Library Acquisitions -- January 31, 2011

The quiet world : saving Alaska's wilderness kingdom, 1879-1960 / Douglas Brinkley

Climate Change
Climate change and small island states : power, knowledge, and the South Pacific / Jon Barnett and John Campbell

Climate change : litigation, regulation and risk

Facing catastrophe : environmental action for a post-Katrina world / Robert R.M. Verchick

The role of private business in international environmental governance / Mikoto Usui

The agrarian vision : sustainability and environmental ethics / Paul B. Thompson

European Union
Distributional choices in EU climate change law and policy : towards a principled approach / Javier de Cendra de Larragán

Fisheries subsidies, sustainable development and the WTO / edited by Anja von Moltke

Human Rights
Human rights and the environment : philosophical, theoretical, and legal perspectives / by Linda Hajjar Leib

International Law
Clustering of multilateral environmental agreements : potentials and limitations / Sebastian Obertḧür

International environmental governance : strengthening UNEP / Richard G. Tarasofsky

Land Use
Making the San Fernando Valley : rural landscapes, urban development, and White privilege / Laura R. Barraclough

Nuclear Energy
Rationality and ritual : participation and exclusion in nuclear decision-making / Brian Wynne

The excellent powder : DDT's political and scientific history / Donald Roberts & Richard Tren ; with Roger Bate & Jennifer Zambone

Property rights : eminent domain and regulatory takings re-examined / edited by Bruce L. Benson

Water Resources
Aqua shock : the water crisis in America / Susan J. Marks

Friday, January 28, 2011

World Oil Transit Chokepoints -- EIA

Chokepoints are narrow channels along widely used global sea routes, some so narrow that restrictions are placed on the size of vessel that can navigate through them. They are a critical part of global energy security due to the high volume of oil traded through their narrow straits.

In 2009, total world oil production amounted to approximately 84 million barrels per day (bbl/d), and about one-half was moved by tankers on fixed maritime routes. With the onset of the global economic downturn that began in mid-2008, world oil demand declined, and along with it the volumes of oil shipped to markets, both via pipelines and along maritime routes such as these chokepoints. By volume of oil transit, the Strait of Hormuz leading out of the Persian Gulf and the Strait of Malacca linking the Indian and Pacific Oceans are two of the world’s most strategic chokepoints.

The international energy market is dependent upon reliable transport. The blockage of a chokepoint, even temporarily, can lead to substantial increases in total energy costs. In addition, chokepoints leave oil tankers vulnerable to theft from pirates, terrorist attacks, and political unrest in the form of wars or hostilities as well as shipping accidents which can lead to disastrous oil spills.

New DOE Bioenergy Information Resource for Data-driven Collaboration -- DOE Webinar

The U.S. Department of Energy (DOE) has announced the launch of a new online collaboration tool and data resource focused on bioenergy. The "Bioenergy Knowledge Discovery Framework" allows researchers, policymakers, and investors to share large data sets, as well as the latest bioenergy research.

The Framework also facilitates collaborative production, integration, and analysis of information. Registered users will be able to contribute additional data sets that can then be shared, growing the body of knowledge, better informing this growing industry, and eliminating "information silos." The Framework allows simultaneous geographic mapping of complex data sets such as biomass feedstock production, fueling stations, and biorefineries on a national, state, and even county-level basis – providing the bioenergy industry an analytical tool for identifying new opportunities for research, supportive policies, and project investment.

The Framework is meant to be customizable and flexible, while maintaining the integrity of the data. Users can chose specific data sets, for example, and immediately have them displayed on a scalable map. DOE developed the Framework ( with Oak Ridge National Laboratory, as well as Idaho National Laboratory, National Renewable Energy Laboratory, and university research partners. Oak Ridge National Laboratory will administer the site and validate new data submissions.

The Department of Energy will host a Webinar on Tuesday, February 8, 2011 from 3:00 p.m. to 4:30 p.m. EST to demonstrate the system. The session will include an overview of the system, case studies of how it may be used, and a demonstration of its user interface. This Webinar is free to all participants, but requires registration in advance. Prior to the Webinar, participants should also confirm that they can access the Bioenergy Knowledge Discovery Framework website.

Environmental History of New York City and the Hudson River -- Pace Symposium

A symposium examining the past 400 years of how natural attributes of the Hudson River and its great all-season harbor permitted the emerging metropolis at its mouth to grow and prosper; how those human uses in turn influenced the ecological health of the Hudson River and the harbor; and how, once they were changed, the consequences for subsequent human activities. This city, like no other in the world, was founded on, and grew as a result of, commercial activity. Those enterprises have greatly affected the river, the harbor, and the city itself. Invited experts will describe ecosystems during the period of human occupation and use. Others will describe the principal functions of early New Amsterdam, and the emerging metropolis. The modern harbor will be analyzed. All authors will examine both causes and effects.

Wed, February 9, 2011, 9am-4:30pm
Pace University, Manhattan Campus, Pace Plaza

Definitive Annual Ranking of the World's Largest Listed Enegry Companies -- PFC Energy

ExxonMobil, with a market capitalization of $368.7 billion, regained the top position it has held almost every year on the PFC Energy 50 list. Last year's leader PetroChina closed the year 18% behind ExxonMobil, following a 14% decline in its market value. Petrobras rises to #3 this year, with a $228.9 billion value. Petrobras has grown from $13.5 billion and twenty-seventh position on the first PFC Energy 50 list in 1999 -- an impressive 27% compound annual growth rate...The $3.9 trillion combined value of the PFC Energy 50 remains 27% lower than the landmark $5.2 trillion achieved three years ago at oil prices not far from current levels. Continuing a trend, upstream-focused E&P companies outperformed SuperMajors, with 18% average value growth. The largest value gains were posted by the oilfield service sector and North America-focused E&P companies. In contrast, the value of the six SuperMajors increased only 4%. Within this group, gains of 32% at ConocoPhillips, 19% at Chevron and 14% at ExxonMobil were offset by declines of 25% at BP and 18% at TOTAL. Although the combined value of the 14 returning emerging markets companies was essentially unchanged, some of the top performers were in that group, including: Ecopetrol (share price +77%), NOVATEK (+94%) and TNK-BP (+58%). Within the NOC group, Ecopetrol (+77%), CNOOC (+51%) and Petrobras (+15%) posted impressive market cap gains while Sinopec, Rosneft, PetroChina and Statoil lost value

Embracing complexity: Meeting the challenges of international forest governance. A global assessment report -- IUFRO

A new study assessing international efforts to improve forest governance was issued together with a policy brief on 24 January 2011 by the Global Forest Expert Panel on International Forest Regime. It suggests among other things that global efforts have too often ignored local needs and failed to address the fact that deforestation is usually caused by economic pressures from outside the forests. The detailed results of the work of the expert panel, which was constituted under the Collaborative Partnership on Forests and coordinated by IUFRO, will be presented to the Ninth Session of the United Nations Forum on Forests (UNFF) on 31 January 2011 as part of the launch of the International Year of Forests.

Developing an Evaluation Measurement and Verification Plan for Your Energy Efficiency Project/Program -- DOE Webinar

This webinar will present guidance and two case studies on EM&V for municipal buildings. EECBG/SEP grantees that used their ARRA funds to upgrade their public buildings will be featured. The webinar will identify some basic EM&V steps, as well as address more comprehensive EM&V planning elements to support more sophisticated EM&V efforts. Invited speakers: Jonathan Kleinman (CleaResult) and TBD.

Wed, Feb 9, 2011 2:00 PM - 3:00 PM EST

OSHA Noise Standards – What Lies Ahead? CLE Webinar

Date: Wednesday, February 23, 2011
Time: 1:00 PM - 2:30 PM (ET)

On Oct. 19, 2010, the federal Occupational Safety and Health Administration issued a proposed reinterpretation of the Occupational Noise Exposure standards for general industry and construction. The proposed reinterpretation would have required employers to implement feasible engineering or administrative controls to reduce noise exposure to permissible levels unless the expense of such controls somehow would put an employer out of business. On Jan.19, OSHA announced that although “[h]earing loss caused by excessive noise levels remains a serious occupational health problem in the country,” it decided to “suspend work on this proposed modification while we study other approaches to abating workplace noise hazards.” During this 90-minute webinar, legal and industry experts will discuss the issues related to hearing loss in the workplace and whether current standards are sufficiently protective. The webinar is designed to help you:

■Know whether there is a hearing illness problem in the American workplace
■Understand how you can prevent hearing loss illnesses in the workplace
■Gain insight on the next steps OSHA may take in addressing hearing loss illnesses in the workplace

PEN-e nominated for LexisNexis Top 50 Environmental Blogs

Please make comments on PEN-e so that we can be recognized by the community at large. You will need to click on the "communities" link and register, then navigate back to the Top 50 blog post to make comments. Thank you in advance for your consideration.

Thursday, January 20, 2011

20th Annual Toxic Torts & Environmental Law Spring CLE Program: The New Frontier: Science, Technology and the Law in 2011 -- ABA CLE

This ABA CLE includes sessions on:


See Brochure here

Begins: Mar 31, 2011 03:00 PM
Ends: Apr 02, 2011 12:30 PM

Arizona Biltomore Resort & Spa
2400 E Missouri Ave
Phoenix, AZ, 85016-3197

Wednesday, January 19, 2011

New Library Acquisitions -- January 19, 2011

Animal Law
On their own terms : bringing animal-rights philosophy down to earth / by Lee Hall ; foreward by Jay Tutchton ; cover photo by Jim Hansen

Second nature : the inner lives of animals / Jonathan Balcombe ; foreword by J.M. Coetzee

Climate Change
The legal impact of climate change : leading lawyers on navigating new laws, avoiding liability, and anticipating future challenges for clients / F. William Brownell ... [et al]

Population dynamics and climate change / edited by José Miguel Guzmán ... [et al.]

The future of the world's forests : ideas vs ideologies / Jim Douglas, Markku Simula

Human Rights
Human rights and environmental sustainability / Kerri Woods

Land Use
Proving up : domesticating land in U.S. history / Lisi Krall

Sustainable Development
Sick water? : the central role of wastewater management in sustainable development : a rapid response assessment / Emily Corcoran ... [et al.]

Winds of change : East Asia's sustainable energy future / Xiaodong Wang ... [et al.]

Urban Environment
The principles of green urbanism : transforming the city for sustainability / Steffen Lehmann

Recent Law Review Articles -- January 2011

Bingham, Lisa Blomgren. The next generation of administrative law: building the legal infrastructure for collaborative governance. 2010 Wis. L. Rev. 297-356.

Gervais, Daniel. The regulation of inchoate technologies. 47 Hous. L. Rev. 665-705 (2010).

Nelson, Laura Anzie. Delineating deference to agency science: doctrine or political ideology? 40 Envtl. L. 1057-1104 (2010).

Centner, Terence J. Nutrient pollution from land applications of manure: discerning a remedy for pollution. 21 Stan. L. & Pol’y Rev. 213-243 (2010).

Hornstein, Donald T. The environmental role of agriculture in an era of carbon caps. 20 Health Matrix 145-174 (2010).

Kool, Amanda L. Halting pig in the parlor patents: nuisance law as a tool to redress crop contamination. 50 Jurimetrics J. 453-507 (2010).

Reed-Huff, LaVonda N. Dirty dishes, dirty laundry, and windy mills: a framework for regulation of clean energy devices. 40 Envtl. L. 859-912 (2010).

Animal Law Symposium. Articles by Bruce A. Wagman, Megan A. Senatori, Pamela D. Frasch, Taimie L. Bryant and Kathy Hessler; roundtable with Nancy Perry, Colby Dolan, Jessica Almy, Zak Smith and Matthew Liebman , participants. 60 J. Legal Educ. 193-295 (2010).

Craig, Mary W. A horse of a different color: a study of color bias, anti-trust, and restraint of trade violations in the equine industry. 22 St. Thomas L. Rev. 433-469 (2010).

Favre, David. Living property: a new status for animals within the legal system. 93 Marq. L. Rev. 1021-1071 (2010).

Ritter, Michael J. Standing in the way of animal welfare: a reconsideration of the zone-of-interest “gloss” on the Administrative Procedures Act. 29 Rev. Litig. 951-986 (2010).

Wilder, Meagan P. Who gets the oil?: Arctic energy exploration in uncertain waters and the need for universal ratification of the United Nations Convention on the Law of the Sea. 32 Hous. J. Int’l L. 505-544 (2010).

Miron, Brier K. Federal common law versus state law: can a federal common law veil-piercing standard for indirect CERCLA liability of a parent corporation satisfy the Kimbell Floods test? (United States v. Kimbell Foods, Inc., 440 U.S. 715, 1979.) 39 Sw. L. Rev. 513-540 (2010).

Heischmidt, Christina M. China’s dumping ground: genocide through nuclear ecocide in Tibet. 18 Penn St. Envtl. L. Rev. 213-233 (2010).

Gordon, Ruth. Panama and the specter of climate change. 41 U. Miami Inter-Am. L. Rev. 129-185 (2010).

International Human Rights and Climate Change. Dedication by Anne Marie Pippin; introduction by Daniel Bodansky; keynote address by Thomas Pogge; articles by Marc Limon, Naomi Roht-Arriaza, Svitlana Kravchenko, Rebecca M. Bratspies and Edward Cameron. 38 Ga. J. Int’l & Comp. L. 511-716 (2010).

Miller, Matthew Edwin. The right issue, the wrong branch: arguments against adjudicating climate change nuisance claims. 109 Mich. L. Rev. 257-289 (2010).

Pogge, Thomas. Keynote address: poverty, climate change, and overpopulation. 38 Ga. J. Int’l & Comp. L. 525-542 (2010).

Childs, J. Scott. Continental cap-and-trade: Canada, the United States, and climate change partnership in North America. 32 Hous. J. Int’l L. 393-457 (2010).

Myers, Bruce, William W. Buzbee, Wm. Robert Irvin and Michael W. Evans. The scope of congressional authority to protect the environment. 40 Envtl. L. Rep. News & Analysis 10977-10988 (2010).

Bookbinder, David. Some thoughts on the Constitution and the environment. 40 Envtl. L. Rep. News & Analysis 10974-10976 (2010).

May, James R. New and emerging constitutional theories and the future of environmental protection. 40 Envtl. L. Rep. News & Analysis 10989-10993 (2010).

Eifert, Valerie. Collaboration before legislation: the current state of e-waste laws and a guide to developing common threads for the state patchwork quilt. 18 Penn St. Envtl. L. Rev. 235-256 (2010).

Carminati, M. Vittoria Giugi. Clean air & stormy skies: the EU-ETS imposing carbon credit purchases on United States airlines. 37 Syracuse J. Int'l L. & Com. 127-144 (2010).

Lotay, Jessie S. Subprime carbon: fashioning an appropriate regulatory and legislative response to the emerging U.S. carbon market to avoid a repeat of history in carbon structured finance and derivative instruments. 32 Hous. J. Int’l L. 459-504 (2010).

Shufelt, Jennie. New York’s CO2 cap-and-trade program: regulating climate change without climate change legislation. 73 Alb. L. Rev. 1583-1606 (2010).

Balent, Alvan. Note. An energy-efficient Internet: the next revolution. 37 Fla. St. U. L. Rev. 981-1001 (2010).

Deatherage, Scott D., et al. Environmental law. 63 SMU L. Rev. 557-575 (2010).

Environmental Protection in the Balance: Citizens, Courts, and the Constitution. Articles by Hon. Peter Hall, Holly Doremus, Bradford C. Mank, David Bookbinder, Bruce Myers, William W. Buzbee, Wm. Robert Irvin, Michael W. Evans, James R. May, Daniel A. Farber and Robert Glicksman. 40 Envtl. L. Rep. News & Analysis 10953-11010 (2010).

Recent developments. In the Congress. 40 Envtl. L. Rep. News & Analysis 11011-11012 (2010).

Recent developments. In the courts. 40 Envtl. L. Rep. News & Analysis 11013-11015 (2010).

Recent developments. In the federal agencies. 40 Envtl. L. Rep. News & Analysis 11015-11019 (2010).

Recent developments. In the state agencies. 40 Envtl. L. Rep. News & Analysis 11020-11023 (2010).

Thomas, Seth M., et al. 2008-2009 environmental law survey. 43 Ind. L. Rev. 723-771 (2010).

Reeder, Daniel. Federalism does well enough now: why federalism provides sufficient protection for the environment, and no other model is needed. 18 Penn St. Envtl. L. Rev. 293-317 (2010).

Hoefsmit, Christina A. Southern Ocean shakeup: establishing sovereignty in Antarctica and the consequences for fishery management. 15 Roger Williams U. L. Rev. 547-582 (2010).

Jeffers, Jennifer. Climate change and the Arctic: adapting to changes in fisheries stocks and governance regimes. 37 Ecology L.Q. 917-977 (2010).

Abrams, Marc. Native Americans, Smokey Bear and the rise and fall of eastern oak forests. 18 Penn St. Envtl. L. Rev. 141-154 (2010).

Boyd, William. Ways of seeing in environmental law: how deforestation became an object of climate governance. 37 Ecology L.Q. 843-916 (2010).

Bramwell, Lincoln. The looming fire problem in the East. 18 Penn St. Envtl. L. Rev. 177-183 (2010).

Cheever, Federico. The phantom menace and the real cause: lessons from Colorado’s Hayman fire 2002. 18 Penn St. Envtl. L. Rev. 185-211 (2010).

Smithwick, Erica A.H. Pyrogeography: lessons for future northeastern U.S. landscapes. 18 Penn St. Envtl. L. Rev. 155-175 (2010).

Epstein, Richard A. Carbon dioxide: our newest pollutant. 43 Suffolk U.L. Rev. 797-827 (2010).

Rajamani, Lavanya. The making and unmaking of the Copenhagen Accord. 59 Int’l & Comp. L.Q. 824-843 (2010).

Fanizzo, Kelly Y. Separation of powers and federal land management: enforcing the direction of the President under the Antiquities Act. 40 Envtl. L. 765-828 (2010).

Zweig, Jennifer Lynn. A globally sustainable right to land: utilizing real property to protect the traditional knowledge of indigenous peoples and local communities. 38 Ga. J. Int’l & Comp. L. 769-797 (2010).

Mackielo, Andrea Laura. Core rules of international environmental law. 16 ILSA J. Int’l & Comp. L. 257-299 (2009).

Steiner, Achim. Eleventh Annual Grotius Lecture. "Focusing on the good or the bad: what can international environmental law do to accelerate the transition towards a green economy?" 25 Am. U. Int'l L. Rev. 843-875 (2010).

Moose, James G. The relationship between water supply and land use planning: leading cases under the California Environmental Quality Act. 4 Golden Gate U. Envtl. L.J. 27-68 (2010).

Shwab, Melanie. Crossing the home-rule boundaries should be mandatory: advocating for a watershed approach to zoning and land use in Ohio. 58 Clev. St. L. Rev. 463-494 (2010).

Gulf of Maine Conference Panel Transcript: The Gulf of Maine Case Revisited. Charles H. Norchi, moderator; Ralph I. Lancaster Jr., chair; Ralph Gillis, David Colson, Davis Robinson and Judge Stephen M. Schwebel, speakers. 15 Ocean & Coastal L.J. 185-234 (2010).

Fanning, Lucia and Rita Heimes. Ocean planning and the Gulf of Maine: exploring bi-national policy options. 15 Ocean & Coastal L.J. 293-337 (2010).

Van Dyke, Jon M. The Romania v. Ukraine decision and its effect on East Asian maritime delimitations. 15 Ocean & Coastal L.J. 261-283 (2010).

Doremus, Holly. The persistent problem of standing in environmental law. 40 Envtl. L. Rep. News & Analysis 10956-10957 (2010).

Mank, Bradford C. Summers v. Earth Island Institute: its implications for future standing decisions. 40 Envtl. L. Rep. News & Analysis 10958-10973 (2010).

Mollett, Sarah. The Chesapeake Bay’s oysters: current status and strategies for improvement. 18 Penn St. Envtl. L. Rev. 257-291 (2010).

Howe, Jason G. Fednav, Ltd. v. Chester: ballast water and the battle to balance state and federal regulatory interests. (Fednav, Ltd. v. Chester, 505 F. Supp. 2d 381, 2007, aff’d, 547 F.3d 607, 2008.) 15 Ocean & Coastal L.J. 381-399 (2010).

DelCotto, Adrianne. Suction dredge mining: the United States Forest Service hands miners the golden ticket. 40 Envtl. L. 1021-1055 (2010).

Sullivan, Bethany C. Changing winds: reconfiguring the legal framework for renewable-energy development in Indian Country. 52 Ariz. L. Rev. 823-852 (2010).

Washburn, Sarah. Distinguishing Carcieri v. Salazar: why the Supreme Court got it wrong and how Congress and courts should respond to preserve tribal and federal interests in the IRA’a trust-land provisions. (Carcieri v. Salazar, 129 S. Ct. 1058, 2009.) 85 Wash. L. Rev. 603-646 (2010).

Brown, Richard F. and Laura L. Hale. Oil, gas and mineral law. 63 SMU L. Rev. 675-701 (2010).

Wexler, Lesley. Regulating resource curses: institutional design and evolution of the blood diamond regime. 31 Cardozo L. Rev. 1717-1780 (2010).

Slaten, Emily M. Note. "We don't fish in their oil wells, and they shouldn't drill in our rivers": considering public opposition under NEPA and the highly controversial regulatory factor. 43 Ind. L. Rev. 1319-1349 (2010).

Young, Michael K. Non-state actors in the global order. 2010 Utah L. Rev. 81-90.

Urdaneta, Karla. Transboundary petroleum reservoirs: a recommended approach for the United States and Mexico in the deepwaters of the Gulf of Mexico. 32 Hous. J. Int’l L. 333-391 (2010).

Cuervo, Luis E. The uncertain fate of Venezuela’s black pearl: the petrostate and its ambiguous oil & gas legislation. 32 Hous. J. Int’l L. 637-693 (2010).

Glicksman, Robert L. The Constitution, the environment, and the prospect of enhanced executive power. 40 Envtl. L. Rep. News & Analysis 11002-11010 (2010).

Mark, Tyler F. Rocky Mountain shootout: free exercise & preserving the open range. (Rocky Mountain Christian Church v. Board of County Commissioners, 481 F. Supp. 2d 1213, 2007.) 98 Geo. L.J. 1859-1889 (2010).

Hodges, Brian T. and Daniel A. Himebaugh. Have Washington courts lost essential nexus to the precautionary principle? Citizens’ Alliance for Property Rights v. Sims. 40 Envtl. L. 829-858 (2010).

Pribbenow, Traci M. Comment. Back in the saddle again: but which way do we go from here? A view of agency suggestions for systemic risk regulation. 60 Case W. Res. L. Rev. 559-582 (2010).

Gansler, Douglas F., Atty. Gen. Md. Protecting Maryland’s environment: a holistic solution. 40 U. Balt. L.F. 205-227 (2010).

Real Water: California’s Land Use-Water Law Turns Ten. Introduction by Paul Stanton Kibel and Anthony A. Austin; articles by A. Dan Tarlock, James G. Moose, Ellen Hanak, Barry Epstein, Kevin M. O’Brian, Randele Kanouse, Douglas Wallace and Lincoln Davies. 4 Golden Gate U. Envtl. L.J. 1-198 (2010).

Carroll, Ellie. Twenty-five years in the making: why sustainable development has eluded the U.N., and how community-driven development offers the solution. 32 Hous. J. Int’l L. 545-585 (2010).

Lopez, Matthew L. Student article. The effects of free trade on the environment: conserving the environment while maintaining increased levels of economic prosperity for developing countries. 3 Phoenix L. Rev. 701-728 (2010).

Blumm, Michael C. and J.B. Ruhl. Background principles, takings, and libertarian property: a reply to Professor Huffman. 37 Ecology L.Q. 805-841 (2010).

Jackson, Janet Thompson. What is property? Property is theft: the lack of social justice in U.S. eminent domain law. 84 St. John’s L. Rev. 63-116 (2010).

Lindberg, Eric A. Multijurisdictionality and federalism: assessing San Remo Hotel’s effect on regulatory takings. (San Remo Hotel, L.P. v. City of San Francisco, 545 U.S. 323, 2005.) 57 UCLA L. Rev. 1819-1878 (2010).

Rosenthal, Brent M. Toxic torts and mass torts. 63 SMU L. Rev. 845-863 (2010).

Shaw, Andrea. A dirty job: how identifying hazardous substance releases under "all appropriate inquiry" creates liability for environmental professionals. 40 Cumb. L. Rev. 555-592 2009-2010).

Hildebrand, Lawrence P. and Aldo Chircop. A gulf united: Canada-U.S. transboundary marine ecosystem-based governance in the Gulf of Maine. 15 Ocean & Coastal L.J. 339-380 (2010).

Beckman, Ben. The wholesale decommissioning of vacant urban neighborhoods: smart decline, public-purpose takings, and the legality of shrinking cities. 58 Clev. St. L. Rev. 387-461 (2010).

Epstein, Barry. Friant Dam holding contracts: not an entitlement to water supply under SB 610. 4 Golden Gate U. Envtl. L.J. 91-129 (2010).

Hanak, Ellen. Show me the water plan: urban water management plans and California’s water supply adequacy laws. 4 Golden Gate U. Envtl. L.J. 69-89 (2010).

Dagne, Teshager Worku. The debate on environmentally motivated unilateral trade measures in the World Trade Organization: the way forward. 9 Wash. U. Global Stud. L. Rev. 427-456 (2010).

Anderson, Arthur J. and Thomas Mann. Zoning and land use. 63 SMU L. Rev. 893-917 (2010).

Thursday, January 13, 2011

Photosynthesis for Hydrogen and Fuels Production -- Webinar

Monday, January 24
12:00 - 1:00 p.m. Eastern

Dr. Tasios Melis of UC Berkeley, a pre-eminent researcher in the field of Photobiological Hydrogen Production, will be providing an overview of his invention disclosing methods and compositions to minimize the chlorophyll antenna size of photosynthesis by decreasing the expression of the novel TLA1 gene, thereby improving solar conversion efficiencies and photosynthetic productivity in plants and algae.

Photobiological generation of hydrogen, fuels, and synthetic chemistry feedstock requires maximal energy conversion efficiencies in photosynthesis. Improvements by up to 300% in solar energy conversion efficiency and photosynthetic productivity can be achieved in plants and algae upon minimizing, or truncating, the chlorophyll antenna size of the photosynthetic apparatus. Methods to minimize the chlorophyll antenna size of photosynthesis by decreasing the expression of the novel TLA1 gene were developed, enabling improved solar conversion efficiencies and photosynthetic productivity. This new invention and enabling technology has broad positive implications for mass culture productivity. A truncated light-harvesting chlorophyll antenna size (TLA1 gene suppression), in various classes of photosynthetic organisms, helps to alleviate excess absorption of sunlight and the ensuing shading and wasteful dissipation of excitation energy. It improves sunlight penetration and maximizes solar-to-product energy conversion efficiency in high-density mass cultures. The TLA1 gene suppression concept may thus find application in the commercial exploitation of microalgae and plants for the generation of hydrogen, biofuels, biomass, chemical feedstock, as well as nutraceuticals and pharmaceuticals.

o Electricity Grid Modernization: Progress Being Made on Cybersecurity Guidelines, but Key Challenges Remain to be Addressed

This report from the Government Accountability Ofice (GAO-11-117), dated January 2011, finds that National Institute of Standards and Technology (NIST) has developed, and issued in August 2010, a first version of its smart grid cybersecurity guidelines.

The agency developed the guidelines—for entities such as electric companies involved in implementing smart grid systems—to provide guidance on how to securely implement such systems. In doing this, NIST largely addressed key cybersecurity elements that it had planned to include in the guidelines, such as an assessment of the cybersecurity risks associated with smart grid systems and the identification of security requirements (i.e., controls) essential to securing such systems.

This notwithstanding, NIST did not address an important element essential to securing smart grid systems that it had planned to include—addressing the risk of attacks that use both cyber and physical means. NIST also identified other key elements that surfaced during its development of the guidelines that need to be addressed in future guideline updates. NIST officials said that they intend to update the guidelines to address the missing elements, and have drafted a plan to do so.

While a positive step, the plan and schedule are still in draft form. Until the missing elements are addressed, there is an increased risk that smart grid implementations will not be secure as otherwise possible.

NASA Research Finds 2010 Tied for Warmest Year on Record

Global surface temperatures in 2010 tied 2005 as the warmest on record, according to an analysis released Wednesday by researchers at NASA's Goddard Institute for Space Studies (GISS) in New York.

In 2010, global temperatures continued to rise. A new analysis from the Goddard Institute for Space Studies shows that 2010 tied with 2005 as the warmest year on record, and was part of the warmest decade on record. (Image credit: NASA/Earth Observatory/Robert Simmon)

The two years differed by less than 0.018 degrees Fahrenheit. The difference is smaller than the uncertainty in comparing the temperatures of recent years, putting them into a statistical tie. In the new analysis, the next warmest years are 1998, 2002, 2003, 2006, 2007 and 2009, which are statistically tied for third warmest year. The GISS records begin in 1880.

The analysis found 2010 approximately 1.34°F warmer than the average global surface temperature from 1951 to 1980. To measure climate change, scientists look at long-term trends. The temperature trend, including data from 2010, shows the climate has warmed by approximately 0.36°F per decade since the late 1970s.

11th National Conference on Science, Policy and the Environment: Our Changing Oceans

NCSE utilizes a multi-disciplinary and multi-sectoral approach to convene involved scientists and decision-makers from various sectors of society. Conferences include renowned speakers, topical symposia to explore issues more in depth, and breakout sessions to develop a set of recommendations on how to advance science and connect it to policy and decision-making.

Our Changing Oceans is divided into eight themes, each with several breakout sessions and symposia.

January 19-21, 2011 in Washington, DC.
Ronald Reagan Building and International Trade Center.

Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling

This report by the National Commission on the BP/Deepwater Horizon Oil Spill and Offshore Drilling, dated 1/11/2011, concludes:
• The explosive loss of the Macondo well could have been prevented.
• The immediate causes of the Macondo well blowout can be traced to a series of identifiable mistakes made by BP, Halliburton, and Transocean that reveal such systematic failures in risk management that they place in doubt the safety culture of the entire industry.
• Deepwater energy exploration and production, particularly at the frontiers of
experience, involve risks for which neither industry nor government has been
adequately prepared, but for which they can and must be prepared in the future.
• To assure human safety and environmental protection, regulatory oversight of leasing, energy exploration, and production require reforms even beyond those significant reforms already initiated since the Deepwater Horizon disaster. Fundamental reform will be needed in both the structure of those in charge of regulatory oversight and their internal decisionmaking process to ensure their political autonomy, technical expertise, and their full consideration of environmental protection concerns.
• Because regulatory oversight alone will not be sufficient to ensure adequate safety, the oil and gas industry will need to take its own, unilateral steps to increase dramatically safety throughout the industry, including self-policing mechanisms that supplement governmental enforcement.
• The technology, laws and regulations, and practices for containing, responding to, and cleaning up spills lag behind the real risks associated with deepwater drilling into large, high-pressure reservoirs of oil and gas located far offshore and thousands of feet below the ocean’s surface. Government must close the existing gap and industry must support rather than resist that effort.
• Scientific understanding of environmental conditions in sensitive environments in deep Gulf waters, along the region’s coastal habitats, and in areas proposed for more drilling, such as the Arctic, is inadequate. The same is true of the human and natural impacts of oil spills.

Monday, January 10, 2011

New Library Acquisitions -- Jan. 10, 2011

Air Pollution
Sulfur [electronic resource] : sulfur emissions and midwest power plants / written by Bruce Hill with the assistance of Ellen Baum; edited by Amy Hennen, Izaak Walton

Animal Law
Animal law in a nutshell / by Pamela D. Frasch, Katherine M. Hessler, Sara M. Kutil, Sonia S. Waisman

Climate change and Arctic sustainable development : scientific, social, cultural and educational challenges / [coordinator, Douglas Nakashima]

Seeking refuge : birds and landscapes of the Pacific flyway / Robert M. Wilson ; foreword by William Cronon

Clean Air Act
Unfinished business [electronic resource] : why the acid rain problem is not solved / written by Ellen Baum ; edited by Conrad G. Schneider, Martha Keating

Power to kill [electronic resource] : death and disease from power plants charged with violating the Clean Air Act / written by Conrad Schneider

Climate Change
Adaptation to climate change : law and policy / editors, Tim Bonyhady, Andrew Macintosh, Jan McDonald

Advancing the science of climate change / America's Climate Choices: Panel on Advancing the Science of Climate Change, Board on Atmospheric Sciences and Climate, Division on Earth and Life Studies, National Research Council of the National Academies

Climate change and displacement : multidisciplinary perspectives / edited by Jane McAdam

Climate change and sustainable development law in a nutshell / John R. Nolon, Patricia E. Salkin

The international politics of climate change / edited by Aynsley Kellow and Sonja Boehmer-Christiansen

Limiting the magnitude of future climate change / America's Climate Choices: Panel on Limiting the Magnitude of Climate Change, Board on Atmospheric Sciences and Climate, Division on Earth and Life Studies, National Research Council of the National Academies

Reducing poverty, protecting livelihoods, and building assets in a changing climate : social implications of climate change in Latin America and the Caribbean / Dorte Verner, editor

Working with government agencies in climate change law : leading lawyers on communicating with government officials, understanding legal challenges, and navigating recent and upcoming climate change regulations

Comparative Law
[SJD dissertation on public participation in South and North Korean environmental laws] / Byungchun So, Pace University School of Law

The economics of ecosystems and biodiversity : ecological and economic foundations / edited by Pushpam Kumar

Endangered Species Act
Implementing the Endangered Species Act on the Platte Basin water commons / David M. Freeman

Energy Law
Energy and environmental project finance law and taxation : new investment techniques / edited by Andrea S. Kramer and Peter C. Fusaro

Energy Policy
Energy myths and realities : bringing science to the energy policy debate / Vaclav Smil

Environmental Law
Environmental law and policy / by James Salzman, Barton H. Thompson, Jr

European Union
EU energy law

Genetic Modification
Governing risk in GM agriculture / editors, Michael Baram, Mathilde Bourrier

Hudson River
Lives of the Hudson / Ian Berry and Tom Lewis

Indigenous Peoples
Indigenous peoples and climate change in Latin America and the Caribbean / Jakob Kronik and Dorte Verner

Land Use
Regulating paradise : land use controls in Hawaiʻi / David L. Callies

Natural Resources
Fragile web : what next for nature? / edited by Jonathan Silvertown ; authors, Joanna Freeland ... [et al.]

Implementing innovation : fostering enduring change in environmental and natural resource governance / Toddi A. Steelman

Nongovernmental Ogranizations
A force for nature : the story of NRDC and the fight to save our planet / John H. Adams & Patricia Adams, with George Black ; foreword by Robert Redford

Legal status of non-governmental organizations in international law / Ingrid Rossi\

Global ocean management in partnership / Iris Wigger

Narrative, nature, and the natural law : from Aquinas to international human rights / C. Fred Alford

Lawscape : property, environment, law / Nicole Graham

Knowing global environments : new historical perspectives on the field sciences / edited by Jeremy Vetter

Sustainable Development
Sustainable development in world investment law / edited by Marie-Claire Cordonier Segger, Markus W. Gehring, Andrew Newcombe

Transboundary Pollution
Transboundary water management : principles and practice / edited by Anton Earle, Anders Jägerskog, and Joakim Öjendal

Working across boundaries : people, nature, and regions / Matthew J. McKinney, Shawn Johnson

Urban Environment
Climatopolis : how our cities will thrive in the hotter future / Matthew E. Kahn

Pathways to urban sustainability : research and development on urban systems : summary of a workshop / Committee on the Challenge of Developing Sustainable Urban Systems, Science and Technology for Sustainability Program, Policy and Global Affairs Division, National Research Council of the National Academies ; [Daniel Schaffer and Derek Vollmer, rapporteurs]

Power at the roots : gentrification, community gardens, and the Puerto Ricans of the Lower East Side / Miranda J. Martinez

Water Resources
The cooperation challenge of economics and the protection of water supplies : a case study of the New York City watershed collaboration / Joan Hoffman

Modelling the impact of climate change on water resources / edited by Fai Fung, Ana Lopez, Mark New

Privatizing water : governance failure and the world's urban water crisis / Karen Bakker

Safeguarding the nation's drinking water / Juan A. Schrock, editor

Written in water : messages of hope for earth's most precious resource / edited by Irena Salina

Wildlife law : a primer / Eric T. Freyfogle, Dale D. Goble

Environmental Insurance: Market Update, Policy Overview, and Strategic Insights -- BNA Webinar

Date: Thursday, January 27, 2011
Time: 1:00 PM - 2:30 PM (ET)

Sustained interest in the redevelopment of contaminated properties and the steady growth of brownfield initiatives has led the insurance industry to develop a range of environmental insurance products providing coverage for environmental claims that are precluded in most general liability policies. As the use of environmental insurance as a risk management tool, both from a real estate and operational perspective, continues to gain momentum, the environmental insurance market remains an evolving commodity. Moreover, recent developments on the case law front are also having an impact on both the drafting of these policies and the claims process.

For attorneys in private practice, as well as corporate and government counsel – and particularly for practitioners focused in the environmental and real estate sectors – keeping pace with market offerings and staying ahead of the curve on best practices and current trends in the environmental insurance arena can translate into a critical strategic advantage. This 90-minute webinar, featuring Ann M. Waeger, will explore a broad range of topics related to the role of environmental insurance in real property and redevelopment transactions, and is designed to help you:

■Gain insight on today’s marketplace and key players
■Learn about the types of available policies and what they cover, including recent enhancements for the use of green remediation and/or standards
■Identify typical scenarios for the use of environmental insurance policies
■Utilize negotiation and drafting tips from the “trenches”
■Gain perspective on key policy terms and lessons learned from case law
■Understand the claims process

2nd Annual Choose Clean Water Conference

This event will bring together leaders from across the region with non-governmental organizations, the philanthropic community, and green businesses to discuss the policy strategies necessary to restore the hundreds of streams and rivers that flow into the Chesapeake Bay.

Conference workshops, plenary sessions and speakers will focus at a Federal and watershed level on the most pressing issues, including:

•Untapped Economic Development Opportunities
•Final Baywide Total Maximum Daily Load (TMDL)
•Phase II Watershed Implementation Plans
•Marcellus Shale: Case Studies from the Region
•Diversity in the Environmental Community
•Innovation's Role in Cleaning Our Waters
•Smart Growth and Watershed Implementation Plans: Strategies for Clean Water in Our Communities
•PLUS field trips that highlight DC's green infrastructure.

January 10-12, 2011 at the Park Hyatt Washington Hotel.

Environmental History of New York City and the Hudson River -- Pace Univ

A symposium examining the past 400 years of how natural attributes of the Hudson River and its great all-season harbor permitted the emerging metropolis at its mouth to grow and prosper; how those human uses in turn influenced the ecological health of the Hudson River and the harbor; and how, once they were changed, the consequences for subsequent human activities. New York, like no other in the world, was founded on, and grew as a result of, commercial activity. Those enterprises have greatly affected the river, the harbor, and the city itself. Invited experts will describe ecosystems during the period of human occupation and use. Others will describe the principal functions of early New Amsterdam, and the emerging metropolis. The modern harbor will be analyzed. All authors will examine both causes and effects.

Wednesday, February 9, 2011 - 9am-4:30pm
Pace University, New York City Campus

Update on SEC Disclosure and Financial Reporting for Environmental Obligations -- BNA Webinar

This BNA Webinar will brief companies about key issues they should consider in preparing 10-Ks as new environmental obligations emerge for companies. Because climate change initiatives continue to be at the forefront of environmental law, much of the webinar will focus on how the initiatives should be viewed from the perspective of drafting SEC disclosure. While discussing the law and accounting principles, speakers also will provide practical tips for the information gathering and other work needed to prepare environmental disclosure.

Date: Thursday, January 20, 2011
Time: 2:00 PM - 3:30 PM (ET)

Wednesday, January 5, 2011

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

This Government Accountability Office report (GAO-11-35) dated, October, 2010 finds that 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. In the absence of effective mitigation measures, water resources could be impacted from ground disturbances caused by the construction of roads and production facilities; withdrawing water from streams and aquifers for oil shale operations, underground mining and extraction; and discharging waters produced from or used in operations.

Evaluating Limits on Participation and Transactions in Markets for Emissions Allowances -- CBO

This report from the Congressional Budget Office dated December 2010 finds that various types of participants would probably be active in allowance markets, including covered entities (emitters that must comply with the cap); other entities that would receive allowances from the government and want to sell them; and numerous banks, investors, and other parties that would buy allowances from, and sell them to, the first two types of participants.

Transactions in allowance markets would most likely include allowance derivatives (financial contracts whose value would depend on the future price of allowances). Although broad participation and derivatives transactions are common in many markets—such as those for agricultural and energy commodities—some observers have proposed excluding certain market participants or transactions under a potential cap-and-trade program to protect allowance markets and the broader economy from unwanted risks.

EPA Establishes Landmark Chesapeake Bay ‘Pollution Diet’

The U.S. Environmental Protection Agency today established a landmark “pollution diet” to restore clean water in Chesapeake Bay and the region’s streams, creeks and rivers. This pollution diet is driven primarily by jurisdictions’ plans to put all needed pollution controls in place by 2025 and EPA will hold jurisdictions accountable for results along the way.

The pollution diet, formally known as the Chesapeake Bay Total Maximum Daily Load (TMDL), identifies the necessary reductions of nitrogen, phosphorus and sediment from Delaware, Maryland, New York, Pennsylvania, Virginia, West Virginia and the District of Columbia. The TMDL is shaped by an extensive public and stakeholder involvement effort during the past two years, coupled with detailed plans by jurisdictions for how they will achieve pollution reductions.

Solar Thermal Collector Manufacturing Activities 2009 -- US EIA

According to this Energy Information Administration report dated December 2010 the total shipments1 of solar thermal collectors decreased dramatically in 2009 from 2008, falling almost 19 percent from 17.0 million square feet to 13.8 million square feet. Total shipments in 2009 were down 33 percent from the 2006 record level of 20.7 million square feet.

Corals provide evidence of changes to oceanic currents through Global Warming

This report dated January 4, 2011 reveals that there have been drastic changes to oceanic currents in the western North Atlantic since the 1970s. The influence of the cold water Labrador Current, which is in periodic interchange with the warm Gulf Stream, has been decreasing continually since the 1970s. Occurring at the same time as Global Warming this phenomenon is unique in the past 2000 years. These results are reported by researchers from the University of Basel and Eawag in the current edition of the scientific journal «PNAS».