Thursday, March 31, 2011

6th Annual Student Summit of the Environmental Consortium of Hudson Valley Colleges and Universities

Become an Agent for Change: Green Your Career from the Inside Out

Monday, April 25, 2011
Columbia University
Alfred Lerner Hall
New York, NY

On Monday, April 25th the 6th Annual Student Summit of the Environmental Consortium will provide inspiration and ideas about how people have made a difference in their careers or created programs to foster more sustainable workplaces.

If you are interested in environmental issues or just want to network with other environmentally minded students from the region, register today! There is no fee to attend the Student Summit, all majors welcome, and dinner is included!
• The Individual and Beyond – Transforming Your Ideas and Ideals into Action, a roundtable discussion.
• Breakout groups to continue dialogue and collaborate.
• Networking with like-minded students from across the region.
• Free dinner!
• Stay tuned for details for a special evening event to follow the Student Summit, featuring NRDC Co-Founder John H. Adams and his wife, Patricia Adams.

Roundtable Speakers
Nilda Mesa (Moderator), Assistant Vice President of Environmental Stewardship, Columbia University

Anne Brink, English ’13, EcoRep, Barnard College

Tim Rairdon, Executive Director, Graduation Pledge Alliance, Bentley Alliance for
Ethics and Social Responsibility, Bentley University

Michael Sater, Director, Decker Design, Inc.

This event is open to all students. All majors welcome! Seats are limited, RSVP required by April 18th.

Monday, March 28, 2011

Superfund: Information on the Nature and Costs of Cleanup Activities at Three Landfills in the Gulf Coast Region -- GAO

This Report by the Government Accountability Office (GAO-11-287R), dated February 18, 2011, finds that under CERCLA, EPA established the Superfund program to address the threats that contaminated sites pose. Although EPA has paid for the cleanup of many of these sites through the Superfund program, funding for these cleanups has diminished in recent years. In 2010, we reported that EPA’s estimated costs to clean up existing contaminated sites exceed the Superfund program’s current funding levels and that some sites have not received sufficient funding for cleanup to proceed in the most cost-efficient manner. Additionally, in July 2009, we reported that EPA does not collect sufficient information on the cost of cleanup activities at Superfund sites and recommended, among other things, that EPA assess and improve the data it collects on the status and cost of cleanups.

Avoiding Water Wars: Water Scarcity and Central Asia's Growing Importance for Stability in Afghanistan and Pakistan -- US Senate

This Report prepared for by the Majority Staff for the Use of the Committee on Foreign Relations, dated February 22, 2011, finds that delivering water-related assistance in Central and South Asia critical to maximize its peacekeeping and humanitarian benefits. It also makes the following four recommendations to the administration with respect to water issues in the region that capture opportunities
for enhanced cooperation and coordination:
1. Provide Benchmark Data to Improve Water Management
2. Focus on Water Demand Management
3. Recognize International Dimensions of Water Issues and Deliver Holistic Solutions
4. Safeguard Institutions Against Shocks to Water Supply and Demand

U.S.-Mexico Environmental Program: Border 2012 -- EPA

This report from the Environmental Protection Agency (EPA-909-R-06-005) dated, 2011, finds that environmental degradation and the depletion of natural resources along the border can be linked to many factors, including population growth, increased industry and lack of infrastructure. Increased economic activity has resulted in increased population and infrastructure needs. Since 1996, the population of the 24 U.S. border counties has increased nearly 30 percent. In 2000, the estimated population of the entire border region was 11.8 million and projections indicate the population is expected to increase to approximately 16.8 million by 2020.

New Library Acquisitions -- Week of March 28, 2011

Animal Law
Guide for the care and use of laboratory animals / Committee for the Update of the Guide for the Care and Use of Laboratory Animals, Institute for Laboratory Animal Research, Division on Earth and Life Studies, National Research Council of the National Academies

Conserving European biodiversity in the context of climate change / Michael B. Usher

Hidden costs of energy : unpriced consequences of energy production and use / Committee on Health, Environmental, and Other External Costs and Benefits of Energy Production and Consumption ; Board on Environmental Studies and Toxicology, Division on Earth and Life Studies ; Board on Energy and Environmental Systems, Division on Engineering and Physical Sciences ; Board on Science, Technology, and Economic Policy, Policy and Global Affairs Division ; National Research Council of the National Academies

Coming clean : information disclosure and environmental performance / Michael E. Kraft, Mark Stephan, and Troy D. Abel

Energy law in Israel / Margit Cohn

The George Washington journal of energy & environmental law

Environmental law in Malaysia / Maizatun Mustafa

National Security
Fuelling war : natural resources and armed conflict / Philippe Le Billon

Managing the Outer Continental Shelf lands : oceans of controversy / R. Scott Farrow with James M. Broadus ... [et al.]

Rain Forests
Tropical rain forest ecology, diversity, and conservation / Jaboury Ghazoul and Douglas Sheil

Wednesday, March 23, 2011

Lloyd K. Garrison Lecture on Environmental Law -- Pace Law School

Daniel A. Farber
Sho Sato Professor of Law
University of California, Berkeley

Sustainable Consumption and Communities: Brining the American Way of Life into the Twenty-First Century.

It’s easy to figure out what environmentalists are against. That’s obvious to anyone who reads the newspaper. But what are environmentalists for? What way of life does environmentalism envision for Americans?

True sustainability will require not only change in how businesses operate, but also change in how people live their lives. At the level of individual decision-making, people need access to information and guidance to assist with sustainable consumption decisions. To have a fuller opportunity to lead sustainable and satisfying lives, people also will need infrastructure and a built environment that support sustainability.

This lecture presents a vision for putting people front-and-center in sustainability — a vision that focuses on how people live their daily lives in their communities. The lecture will then explore legal strategies for implementing the vision. Some of these strategies merely involve incremental improvements or expansions in existing programs; others require more innovative approaches.

April 6, 2011, 5:00 p.m.,

Pace Law School White Plains, NY
Robert B. Fleming Moot Courtroom

RSVP by calling Leslie Crincoli (914) 422-4413 or by emailing

Monday, March 21, 2011

New Library Acquisitions

African Convention on the Conservation of Nature and Natural Resources
An introduction to the African Convention on the conservation of nature and natural resources = Introduction à la Convention africaine sur la conservation de la nature et des ressources naturelles / World Conservation Union

Food security and global environmental change / edited by John Ingram, Polly Ericksen, and Diana Liverman

The impact of genetically engineered crops on farm sustainability in the United States / Committee on the Impact of Biotechnology on Farm-Level Economics and Sustainability, Board on Agriculture and Natural Resources, Division on Earth and Life Studies, National Research Council of the National Academies

Environmental obligations in bankruptcy

Conserving European biodiversity in the context of climate change / Michael B. Usher

Protection of Himalayan biodiversity : international environmental law and a regional legal framework / Ananda Mohan Bhattarai

The wolf's tooth : keystone predators, trophic cascades, and biodiversity / Cristina Eisenberg

The death and life of Monterey Bay : a story of revival / Stephen R. Palumbi and Carolyn Sotka

Climate Change
Adapting to the impacts of climate change : America's Climate Choices / Panel on Adapting to the Impacts of Climate Change, Board on Atmospheric Sciences and Climate, Division on Earth and Life Studies, National Research Council of the National Academies

Early warming : crisis and response in the climate-changed north / Nancy Lord

Coastal Areas
Coastal governance / Richard Burroughs

G. Evelyn Hutchinson and the invention of modern ecology / Nancy G. Slack ; foreword by Edward O. Wilson

Hope is an imperative : the essential David Orr / David W. Orr ; foreword by Fritjof Capra

Gulf Oil Spill
Disaster on the horizon : high stakes, high risks, and the story behind the Deepwater well blowout / Bob Cavnar

In too deep : BP and the drilling race that took it down / Stanley Reed, Alison Fitzgerald

Love Canal : and the birth of the environmental health movement / by Lois Marie Gibbs

National Security
Energy and international war : from Babylon to Baghdad and beyond / Clifford E. Singer

Natural Gas
The future of the natural gas market in Southeast Europe

Public parks : the key to livable communities / Alexander Garvin ; edited by Ronda Brands

The George Washington journal of energy & environmental law

Public Opinion
Environmental communication and the public sphere / Robert Cox

Southeast Asia
Environmental cooperation in Southeast Asia : ASEAN's regime for transboundary haze pollution / Paruedee Nguitragool

The taxation of petroleum and minerals : principles, problems and practice / edited by Philip Daniel, Michael Keen and Charles McPherson

Nuclear Waste: DOE Needs a Comprehensive Strategy and Guidance on Computer Models that Support Environmental Cleanup Decisions -- GAO

This report (GAO-11-143), dated February 10, 2011, the Department of Energy's Office of Environmental Management (EM) uses computer models to support key cleanup decisions. Because the results of these decisions can cost billions of dollars to implement and take decades to complete, it is crucial that the models are of the highest quality.

EM uses general departmental policies and industry standards for ensuring quality, but they are not specific to computer models used in cleanup decisions. EM has not regularly performed periodic quality assurance assessments, as required by DOE policy, to oversee contractors’ development and use of cleanup models and the models’ associated software.

In our review of eight cleanup decisions at Hanford and SRS that used computer modeling as a critical source of information, GAO found EM conducted required assessments of the quality of computer models in only three cases. In addition, citing flaws in a model EM uses to analyze soil and groundwater contamination, regulators from Washington state have told EM that it will no longer accept the use of this model for chemical exposure analysis at Hanford.

EM does not have an overall strategy for managing its computer models. EM has recently begun some efforts to promote consistency in the use of models. For example, it is developing a set of state-of-the-art computer models to support soil and groundwater cleanup decisions across its sites. However, these efforts are still in early stages and are not part of a comprehensive, coordinated effort.

Furthermore, although other federal agencies and DOE offices have recognized the importance of comprehensive guidance on the appropriate procedures for managing computer models, EM does not have such overarching guidance. As a result, EM may miss opportunities to improve the quality of computer models, reduce duplication between DOE sites, and share lessons learned across the nuclear weapons complex.

Navigating the New Green Economy: the Challenges of Climate Change and the Opportunities for Clean Energy -- London School of Economics

This conference sponsored by the London School of Economimcs and the American Bar Association Standing Committee on the Environment. The ABA webite gives the title as "Participating in the New Green Economy: Clean Energy and Climate Change"

Sessions will address financing a sustainable reduced-carbon future; sticks and carrots in emerging green technologies – regulations and incentives compared; green technology transfers; the new carbon marketplaces: participants, prices and profits; renewable energy subsidies, trade and the WTO disciplines; energy efficiency in the carbon reduction debate; and reduced emissions from deforestation and degradation (REDD). Speakers from the U.S. and the E.U. will represent various sectors including private practice, academia, and the public interest community.

Advanced electric meter installations rising in homes and businesses -- EIA

This report from the Energy Information Administration finds that electric meters with enhanced communication capabilities — an essential component of the smart grid — are becoming more prevalent. This offers the possibility that electric systems will become more reliable and efficient. In 2009, 39% of all U.S. electrical customers had advanced meters, up from 32% in 2008.

Advanced meters can use one-way communication (known as Automated Meter Reading, or AMR), which enables the utility to do remote meter reading, or two-way communication (Advanced Metering Infrastructure, or AMI). In 2009, 17% of advanced meters used two-way communication, up from 10% in 2008. These two-way meters are often referred to as "smart meters."

International Symposium on Environmental Courts & Tribunals -- Pace Law School

When: APRIL 1, 2011
Where: NY State Judicial Institute located on the Pace Law School campus in White Plains, New York.

The conference will facilitate the critical, ongoing dialogue between judges and the global academic community, while developing practical mechanisms to strengthen existing courts and establish new ones worldwide. The program will be recorded and available for video streaming.

Who: Judges and scholars, including Judge Merideth Wright (Vermont Environmental Court), Professor Richard Macrory (University College of London), Justice Antonio H. Benjamin (High Court of Brazil), former Chief Justice Hilario G. Davide, Jr. (Supreme
Court of the Philippines), and Professor George (Rock) Pring (University of Denver, Sturm College of Law).


Wednesday, March 16, 2011

Recent Law Review Articles -- March 2011

Ahdieh, Robert B., The visible hand: coordination functions of the regulatory state. 95 Minn. L. Rev. 578-649 (2010).

Bailly, Rose Mary., Administrative law. 60 Syracuse L. Rev. 661-688 (2010).

Note. Chevron and the substantive canons: a categorical distinction. (Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 1984.) 124 Harv. L. Rev. 594-615 (2010).

Kelly, Claire R., The Brand X liberation: doing away with Chevron’s second step as well as other doctrines of deference. 44 UC Davis L. Rev. 151-211 (2010).

Magee, Claire, Using Chevron as a guide: allowing for the precautionary principle in WTO practices. (Chevron U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837, 1984.) 21 Geo. Int’l Envtl. L. Rev. 615-638 (2009).

Austin, Jonathan R., Prairie winds: a look at commercial wind farm regulation within Kansas. (Zimmerman v. Board of County Commissioners of Wabaunsee County, 218 P.3d 400, 2009.) 18 Mo. Envtl. L. & Pol’y Rev. 104-121 (2010).

France, Jamie E., A proposed solar access law for the state of Texas. 89 Tex. L. Rev. 187-205 (2010).

Spittell, John H., A perilous climate: how domestic electric corporations can most advantageously prepare for and respond to a post-American Electric existence. (Connecticut v. American Electric Power Co., 582 F.3d 309, 2009.) 8 DePaul Bus. & Com. L.J. 419-451 (2010).

Challener, Deborah J., Protecting cats and dogs in order to protect humans: making the case for a felony companion animal statute in Mississippi. 29 Miss. C.L. Rev. 499-528 (2010).

Reese, Megan K., Kentucky courts have taken the “bite” out of dog-bite legislation: reforming the law to impose strict liability on dog owners. 47 U. Louisville L. Rev. 215-239 (2008).

Hertell, Hans H., Arctic melt: the tipping point for an Arctic Treaty. 21 Geo. Int’l Envtl. L. Rev. 565-589 (2009).

Farber, Daniel A., Taking responsibility for the planet. (Reviewing Douglas A. Kysar, Regulating from Nowhere: Environmental Law and the Search for Objectivity.) 89 Tex. L. Rev. 147-185 (2010).

Gaynor, Kevin A., Benjamin S. Lippard and Sean M. Lonnquist. Unresolved CERCLA issues after Atlantic Research and Burlington Northern. 40 Envtl. L. Rep. News & Analysis 11198-11210 (2010).

Wheeler, Katie Jo., No PRP left behind: the Tenth Circuit allows non-settling PRPs to intervene as of right in CERCLA consent decree actions. (United States v. Albert Investment Co., 585 F.3d 1386, 2009.) 18 Mo. Envtl. L. & Pol’y Rev. 122-143 (2010).

Glover-Rogers, Mary Cile, Who’s footing the bill for the attorney’s fees? An examination of the policy underlying the Clean Water Act’s citizen suit provision. (Saint John’s Organic Farm v. Gem County Mosquito Abatement District, 574 F.3d 1054, 2009.) 18 Mo. Envtl. L. & Pol’y Rev. 64-82 (2010).

King, Andrew, Northwest Environmental Defense Center v. Brown: delivering the back cuts? The Ninth Circuit leaves the Silvicultural Rule in the balance. (Nw. Evntl. Def. Ctr. V. Brown, 617 F.3d 1176, 2010.) 24 Tul. Envtl. L.J. 159-171 (2010).

Abate, Randall S., REDD, white, and blue: is proposed U.S. climate legislation adequate to promote a global carbon credits system for avoided deforestation in a post-Kyoto regime? 19 Tul. J. Int’l & Comp. L. 95-112 (2010).

Abebe, Daniel and Jonathan S. Masur, International agreements, internal heterogeneity, and climate change: the “two Chinas” problem. 50 Va. J. Int’l L. 325-389 (2010).

Breakfield, Ashley E., Political cases or political questions: the justiciability of public nuisance climate change litigation and the impact on ... (Native Village of Kivalina v. ExxonMobil, 663 F. Supp. 2d 863, 2009.) 17 Hastings W.-Nw. J. Envtl. L. & Pol’y 39-62 (2011).

Carlarne, Cinnamon, The glue that binds or the straw that broke the camel’s back?: exploring the implications of U.S. reengagement in global climate change negotiations. 19 Tul. J. Int’l & Comp. L. 113-150 (2010).

Hessler, Jeremy, A temporary solution to climate change: the federal common law to the rescue. 38 Hastings Const. L.Q. 407-438 (2011).

Howe, Nathan, The political question doctrine’s role in climate change nuisance litigation: are power utilities the first of many casualties? 40 Envtl. L. Rep. News & Analysis 11229-11241 (2010).

Leonard, Damien, Raising the levee: Dutch land use law as a model for U.S. adaptation to climate change. 21 Geo. Int’l Envtl. L. Rev. 543-563 (2009).

Nagle, Mary Kathryn, Tracing the origins of fairly traceable: the black hole of private climate change litigation. 85 Tul. L. Rev. 477-517 (2010).

Richards, Kenneth R. and Stephanie Hayes Richards, U.S. Senate climate change bills in the 110th Congress: learning by doing. 33 Environs 1-110 (2009).

Sinden, Amy, Shifting the domestic and international logjams on climate change: a new defense of cap and dividend. 19 Tul. J. Int’l & Comp. L. 79-93 (2010).

Kalen, Sam, et al., Lingering relevance of the Coastal Zone Management Act to energy development in our nation’s coastal waters? 24 Tul. Envtl. L.J. 73-112 (2010).

Burton, Camden D., Recent development. An inconvenient risk: climate change disclosure and the burden on corporations. 62 Admin. L. Rev. 1287-1305 (2010).

Hirsch, Dennis D., Green business and the importance of reflexive law: what Michael Porter didn’t say. 62 Admin. L. Rev. 1063-1126 (2010).

Knee, Jeremy, Guidance for the awkward: outgrowing the adolescence of state electronic waste laws. 33 Environs 157-188 (2009).

Faure, Michael, Morag Goodwin and Franziska Weber, Bucking the Kuznets curve: designing effective environmental regulation in developing countries. 51 Va. J. Int’l L. 95-156 (2010).

Tai, Stephanie, When natural science meets the dismal science. 42 Ariz. St. L.J. 949-1018 (2010).

Haber, Hanan, Regulating-for-welfare: a comparative study of “regulatory welfare regimes” in the Israeli, British, and Swedish electricity sectors. 33 Law & Pol’y 116-148 (2011).

Fogel, Lawrence, Serving a “public function”: why regional cap-and-trade programs should survive a dormant Commerce Clause challenge. 2010 Wis. L. Rev. 1313-1352.

Galle, Brian and Manuel Utset, Is cap-and-trade fair to the poor? Shortsighted households and the timing of consumption taxes. 79 Geo. Wash. L. Rev. 33-100 (2010).

Wymyslo, Joanna, Legitimizing peer review in ESA listing decisions. 33 Environs 135-156 (2009).

Chertok, Mark A. and Ashley S. Miller, Environmental law. 60 Syracuse L. Rev. 925-946 (2010).

Environmental law updates. 18 Mo. Envtl. L. & Pol’y Rev. 144-168 (2010).

Jaffe, Caleb A. and Sean M. Carney, Environmental law. 45 U. Rich. L. Rev. 287-318 (2010).

Kingston, Suzanne, Environment. 59 Int’l & Comp. L.Q. 1129-1141 (2010).

Recent developments. In the courts. 40 Envtl. L. Rep. News & Analysis 11257-11258 (2010).

Recent developments. In the federal agencies. 40 Envtl. L. Rep. News & Analysis 11258-11261 (2010).

Recent developments. In the state agencies. 40 Envtl. L. Rep. News & Analysis 11262-11264 (2010).

Recent developments. In the Congress. 40 Envtl. L. Rep. News & Analysis 11264 (2010).

Recent developments in environmental law. 24 Tul. Envtl. L.J. 187-219 (2010).

Diaz, Leticia M. and Barry Hart Dubner, Foreign fishing piracy vs. Somalia piracy—does wrong equal wrong? 14 Barry L. Rev. 73-96 (2010).

Forderer, Joseph, State sponsored global warming litigation: federalism properly utilized or abused? 18 Mo. Envtl. L. & Pol’y Rev. 23-63 (2010).

Tracy, Kirk, Rocky Mountain Farmers Union v. Goldstene: low carbon fuel standards, lifecycle greenhouse gases, and California’s continued struggle to lead the way. (Rocky Mountain Farmers Union v. Goldstene, 2010 WL 2490999.) 24 Tul. Envtl. L.J. 173-185 (2010).

Ford, Samuel, North Carolina ex rel. Cooper v. Tennessee Valley Authority: the problem with state nuisance law in the regulation of out-of-state emissions standards. (North Carolina ex rel. Cooper v. Tenn. Valley Auth., 615 F.3d 291, 2010.) 24 Tul. Envtl. L.J. 147-157 (2010).

Bridges, Buckley W., 2010: a second odyssey into Arkansas land-use law. 33 U. Ark. Little Rock L. Rev. 9-44 (2010).

Pushaw, Robert J., Jr., Limiting Article III standing to “accidental” plaintiffs: lessons from environmental and animal law cases. 45 Ga. L. Rev. 1-105 (2010).

Sielen, Alan B., The new international rules on ocean dumping: promise and performance. 21 Geo. Int’l Envtl. L. Rev. 495-540 (2009).

Myers, Elizabeth M., Cleaning up the mess: the economic, environmental, and cultural impact of U.S. military base closures on surrounding communities. 10 Rich. J. Global L. & Bus. 135-150 (2010).

Duruigbo, Emeka, The global energy challenge and Nigeria’s emergence as a major gas power: promise, peril or paradox of plenty? 21 Geo. Int’l Envtl. L. Rev. 395-453 (2009).

Donovan, Emily, Deferring to the assertion of national security: the creation of a national security exemption under the National Environmental Policy Act of 1969. 17 Hastings W.-Nw. J. Envtl. L. & Pol’y 3-29 (2011).

The National Environmental Policy Act 40th Anniversary Symposium. 40 Envtl. L. Rep. News & Analysis 11183-11197 (2010).

Courselle, Diane, We (used to?) make a good gumbo—the BP DEEPWATER HORIZON disaster and the heightened threats to the unique cultural communities of the Louisiana Gulf Coast. 24 Tul. Envtl. L.J. 19-39 (2010).

Houck, Oliver A., Worst case and the DEEPWATER HORIZON blowout: there ought to be a law. 24 Tul. Envtl. L.J. 1-18 (2010).

Vance, Susan Molero and Paul N. Vance, OPA 90 in 2010: a maritime perspective. 24 Tul. Envtl. L.J. 113-145 (2010).

Brennan, James and Thomas A. Utzinger, Environmental risks of acquiring property by foreclosure. 40 Envtl. L. Rep. News & Analysis 11211-11214 (2010).

Magee, Claire, Using Chevron as a guide: allowing for the precautionary principle in WTO practices. (Chevron U.S.A., Inc. v. NRDC, Inc., 467 U.S. 837, 1984.) 21 Geo. Int’l Envtl. L. Rev. 615-638 (2009).

Sanders, Aaron, Where are we going to put all of this junk? The Ninth Circuit dismisses an attempt to construct a large landfill in Southern California. (National Parks & Conservation Association v. Bureau of Land Management, 606 F.3d 1058, 2010.) 18 Mo. Envtl. L. & Pol’y Rev. 83-103 (2010).

Behles, Deborah, Why CEQA exemption decisions need additional notice requirements. 33 Environs 111-134 (2009).

Torres, Elise, The legal implications of the Delta Vision strategic plan. 17 Hastings W.-Nw. J. Envtl. L. & Pol’y 65-90 (2011).

Hill, H. Lee, II, The purpose is to avoid public use: the need for in eminent domain reform in Mississippi. 29 Miss. C.L. Rev. 631-661 (2010).

Faulk, Richard O., Uncommon law: ruminations on public nuisance. 18 Mo. Envtl. L. & Pol’y Rev. 1-22 (2010).

Liebesman, Lawrence R., Rafe Petersen and Michael Galano. Rapanos v. United States: searching for a significant nexus using proximate causation and foreseeability principles. 40 Envtl. L. Rep. News & Analysis 11242-11256 (2010).

Mank, Bradford, Revisiting the Lyons den: Summers v. Earth Island Institute’s misuse of Lyons’s “realistic threat” of harm standing test. 42 Ariz. St. L.J. 837-899 (2010).

Brickey, Carolyn, et al., How to take climate change into account: a guidance document for judges adjudicating water disputes. 40 Envtl. L. Rep. News & Analysis 11215-11228 (2010).

Szalay, Endre, Breathing life into the dead zone: can the federal common law of nuisance be used to control nonpoint source water pollution? 85 Tul. L. Rev. 215-246 (2010).

O’Shea, Shannon, Lucas leaves room for categorical defenses for regulations of wetlands that are critical to water resources and essential for public drinking. 5 FIU L. Rev. 243-291 (2009).

Rice, Terry, Zoning and land use. 60 Syracuse L. Rev. 1157-1199 (2010).

Monday, March 14, 2011

What we pay fo a gallon of gas -- EIA

This web page breaks down the constituent costs we pay for gasoline. Interesting.

Remarks by the Director General - Technical Briefing on Nuclear Safety Aspects of the Situation in Japan, 14 March 2011

Follow the IAEA as it responds to the nuclear reactor problems resulting from Japan's earthquake and tsunami

Friday, March 11, 2011

Implementation of the Magnuson-Stevens Fishery Conservation and Management Act - NOAA

This testimony of Eric Schwaab, Assistant Administrator of the National Marine Fisheries Service, before the Senate Committee on Commerce, Science and Transportation, Subcommittee on Oceans, Atmosphere, Fisheries, and the Coast Guard, on March 8, 2011 states that the U.S. is making good progress toward meeting the mandate to end domestic overfishing.

“We know that nearly $31 billion in sales and as many as 500,000 jobs are lost because our fisheries are not performing as well as they would if all stocks were rebuilt... While we are turning a corner toward a brighter future for fishermen and fishing communities, many fishermen are struggling in part as a result of years of decline in fishing opportunity."

Forest Service: Continued Work Needed to Address Persistent Management Challenges - GAO

This Government Accountability Office testimony (GAO-11-423T), dated March 10, 2011, states that "in 2009, GAO highlighted management challenges that the Forest Service faced in three key areas—wildland fire management, data on program activities and costs, and financial and performance accountability. The Forest Service has made some improvements, but challenges persist in each of these three areas. In addition, recent GAO reports have identified additional challenges related to program oversight and strategic planning."

Monday, March 7, 2011

National Environmental Law Moot Court Competition

This is a new link to 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. The new link offers access to team briefs and winning teams.

Final Report Issued by National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

This BP Oil Spill Commission Report On April 20, 2010, titled; Deep Water: The Gulf Oil Disaster And The Future Of Offshore Drilling - Report to the President, finds that the Macondo well blew out, costing the lives of 11 men and beginning a catastrophe that sank the Deepwater Horizon drilling rig and spilled nearly 5 million barrels of crude oil into the Gulf of Mexico.

The spill disrupted an entire region's economy, damaged fisheries and critical habitats, and brought vividly to light the risks of deepwater drilling for oil and gas -- the latest frontier in the national energy supply. Soon after, President Barack Obama appointed a seven-member Commission to investigate the disaster, analyze its causes and effects, and recommend the actions necessary to minimize such risks in the future.

The Commission's report offers the American public and policymakers alike the fullest account available of what happened in the Gulf and why, and proposes actions -- changes in company behavior, reform of Government oversight, and investments in research and technology -- required as industry moves forward to meet the nation's energy needs.

Superfund: Information on the Nature and Costs of Cleanup Activities at Three Landfills in the Gulf Coast Region -- GAO

This Government Accountability Office report (GAO-11-287R Superfund Landfill Cleanup Costs), dated February 18, 2011, finds that one in four Americans lives within 3 miles of a contaminated site, many of which pose serious risks to human health and the environment. The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) provided the federal government with authority to respond to releases or threatened releases of hazardous substances and created a trust fund to provide for certain cleanup activities.

Under CERCLA, EPA established the Superfund program to address the threats that contaminated sites pose. Although EPA has paid for the cleanup of many of these sites through the Superfund program, funding for these cleanups has diminished in recent years.

In 2010, the GAO reported that EPA’s estimated costs to clean up existing contaminated sites exceed the Superfund program’s current funding levels and that some sites have not received sufficient funding for cleanup to proceed in the most cost-efficient manner. Additionally, in July 2009, the GAO reported that EPA does not collect sufficient information on the cost of cleanup activities at Superfund sites and recommended, among other things, that EPA assess and improve the data it collects on the status and cost of cleanups.

Avoiding Water Wars: Water Scarcity and Central Asia's Growing Importance for Stability in Afghanistan and Pakistan -- US Congress

This Senate print (S. PRT. 2011; 112–10), dated February 22, 2011, finds that In Central and South Asia, particularly in Afghanistan and Pakistan, the impacts of water scarcity are fueling dangerous tensions that will have repercussions for regional stability and U.S. foreign policy objectives. The national security implications of this looming water shortage—directly caused or aggravated by agriculture demands, hydroelectric power generation, and climate instability—will be felt all over the world.

New Library Acquisitions -- Week of March 6, 2011

Animal Law
The animal rights debate : abolition or regulation? / Gary L. Francione and Robert Garner

Unleashed fury : the political struggle for dog-friendly parks / Julie Walsh

Animal, vegetable, miracle : a year of food life / Barbara Kingsolver, with Steven L. Hopp and Camille Kingsolver ; original drawings by Richard A. Houser

Claims of sovereignty over the Antarctic [electronic resource] / by Enser W. Cole, Jr

Climate Change
The economic, social and political elements of climate change / Walter Leal Filho, editor

Eastern Europe
Adapting to climate change in Eastern Europe and Central Asia / Marianne Fay, Rachel I. Block, Jane Ebinger, editors

Lights out? : the outlook for energy in Eastern Europe and the former Soviet Union

The botany of desire : a plant's-eye view of the world / Michael Pollan

Environmental Management
A handbook of environmental management / edited by Jon C. Lovett [and] David G. Ockwell

In defense of food : an eater's manifesto / Michael Pollan

European Union
The European Union as a leader in international climate change politics / edited by Rüdiger K. W. Wurzel and James Connelly

The green belt of Europe : from vision to reality / Andrew Terry, Karin Ullrich and Uwe Riecken

The law of green and social procurement in Europe / Roberto Caranta & Martin Trybus (eds)

National Security
Government owned-contractor operated munitions facilities [electronic resource] : are they appropriate in the age of strict environmental compliance and liability? / by Mark J. Connor

Research Methods
Environmental social sciences : methods and research design / edited by Ismael Vaccaro, Eric Alden Smith, Shankar Aswani

Risk Analysis
The environment, risk and liability in international law / by Julio Barboza

A world of rivers : environmental change on ten of the world's great rivers / Ellen Wohl

Wednesday, March 2, 2011

Energy and Financial Markets Overview:Crude Oil Price Formation -- EIA

This report from the U.S. Energy Information Administration, dated February 23, 2011, reviews economic literature regarding supply-demand fundamentals and the role of financial market speculation and investment in the oil-price formation process – the work is ongoing, but still at an early stage

• Some researchers are finding evidence that factors including unexpectedly strong economic growth in China and stagnant supply were at least associated with, and may have contributed to, the sharp oil price run-up and subsequent decline during the 2007-2008 period

• The researchers are also finding some evidence suggesting that the price run-up and decline may have been exacerbated by the formation and collapse of an oil price bubble, perhaps triggered by fundamental factors in both the oil market and the broader global economy

• As discussed later in the presentation, both internal EIA and academic research is also addressing the major increase in oil derivatives trading, significant change in the composition of derivatives traders (such as the growth of swap dealers, hedge funds, and commodity index funds), and increased correlation of oil and other markets over the past several years.

From Oil Spills to Midnight Dumping: What Makes an Environmental Harm Turn Criminal? -- BNA Webinar

Date: Thursday, March 10, 2011
Time: 1:00 PM - 2:30 PM (ET)

During the past year, the Environmental Protection Agency has increased the number of its criminal investigators nationwide to more than 200 in compliance with the 1990 Pollution Prosecution Act. Many practitioners still have questions about criminal investigations and how decisions are made concerning whether and who to charge, as well as what their client should do if the client discovers evidence of potentially criminal conduct. Some of these issues are dealt with in formal policies, while others are a matter of practice after decades of developing environmental crimes cases.

In this 90-minute webinar, Bruce Pasfield, a partner in Alston & Bird LLP, environment and land use practice group, and Kris Dighe, assistant chief for the Department of Justice’s Environmental Crimes Section will discuss key issues that often arise in environmental crimes investigations and cases. The webinar is designed to help you:

■Understand how environmental crimes cases come to the attention of DOJ and EPA
■Learn about the factors taken into consideration in determining whether to prosecute an environmental violation criminally, civilly, or through EPA’s administrative processes
■Identify elements of the most common federal criminal environmental violations and become aware of the tools available to government investigators
■Gain insight about what a company should do if it learns of a violation prior to the government’s initiation of a criminal investigation and how to manage the corporate response to a criminal investigation
■Make informed decisions regarding litigation strategies including whether to waive attorney client privilege in making disclosures to the government, how to address e-discovery issues, and how to manage parallel proceedings
■Strategically manage whistle-blower allegations and understand the pitfalls of self-reporting
■Craft strategies to negotiate with DOJ and EPA

Oil and Gas Bonds: BLM Needs a Comprehensive Strategy to Better Manage Potential Oil and Gas Well Liability -- GAO

This Government Accountability Office report (GAO-11-292), dated February 25, 2011, finds that the number of oil and gas wells on leased federal land has increased dramatically.

To help manage the environmental impacts of these wells, the Department of the Interior's (Interior) Bureau of Land Management (BLM) requires oil and gas operators to reclaim disturbed land in a manner it prescribes. To help ensure operators reclaim leased land, BLM requires them to provide a bond before beginning drilling operations. BLM refers to oil and gas wells and leased land that will require reclamation as potential liabilities because BLM may have to pay for reclamation if the operators fail to do so.

GAO was asked to determine (1) BLM's policies for managing potential federal oil and gas well liability, (2) the extent to which BLM has implemented these policies, and (3) the challenges, if any, BLM faces in managing potential oil and gas well liability. GAO analyzed agency data on bonding and wells and interviewed BLM officials. We surveyed all 48 BLM field offices with an oil and gas program, and received 33 responses covering these offices.

Vapor Intrusion: A Game Changer in Cleanup and Liability -- BNA Webinar

Date: Tuesday, March 08, 2011
Time: 1:00 PM - 2:30 PM (ET)

Vapor intrusion has become an issue that must be considered by any party involved in the cleanup, redevelopment, or purchase of previously contaminated property. Regulators have stepped up their scrutiny of sites where, due to risk-based cleanups, contamination remains in place, even when final approval of the cleanup has been given. This has resulted in the reopening of sites that were previously cleaned up and closed, creating increased uncertainty for owners of such sites. Furthermore, vapor intrusion has spurred increased litigation with property owners claiming such vapors have impacted their health or property values. As such, vapor intrusion has become a game changer and must be addressed by a skilled team of legal and technical professionals adept at identifying and implementing proper methods for assessing and addressing potential or identified vapor intrusion risks.

This 90-minute webinar is designed to help you:

■Identify current developments related to vapor intrusion, including status updates on federal guidance and voluntary standards, such as ASTM E2600
■Learn about the latest state of the art technology and methods used to address vapor intrusion
■Gain insight about how to properly assess sites at risk for vapor intrusion issues and determine if vapor intrusion has not been evaluated properly
■Examine the legal issues related to vapor intrusion, including recent cases and the increased use of RCRA Section 7002 in litigation
■Consider how vapor intrusion issues fit into the bigger picture of all appropriate inquiries and environmental due diligence, as well as the potential for its inclusion as a component of superfund’s hazardous ranking system
■Analyze case studies that illustrate the complexity of the vapor intrusion pathway as well as cost-effective solutions to address VI problems

The Benefits and Costs of the Clean Air Act from 1990 to 2020 -- Final Report -- EPA

According to this EPA study, dated March 2011, the direct benefits from the 1990 Clean Air Act Amendments are estimated to reach almost $2 trillion for the year 2020, a figure that dwarfs the direct costs of implementation ($65 billion).