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June 12, 2011 by Robert Verchick

Climate Change Meets the Little Mermaid

Verchick and the Little MermaidCopenhagen—Denmark’s famed "Little Harbor Lady," or in English, "Little Mermaid," has had her share of antics and perils. She’s been photographed by millions in Copenhagen’s harbor, carted off and shown at the 2010 World Fair in Shanghai, beheaded (several times), dynamited, splashed with pink paint, and enveloped in a Burqua. An environmental nerd for all occasions, I look at her longing face and wonder, How long before the rising sea swallows her up? Bolted to that rock in the sea, a shaft a concrete now inserted into her neck, what will she do? Or, for that, matter, the thousands of others who call coastal Copenhagen home. Is anyone thinking about this?

Many experts expect the world’s seas to rise somewhere between 1 to 1.5 meters this century, depending on location (and, of course, it could be more). Add to this a potential for stronger storms and much higher storm surges and you see why cities like Copenhagen, London, New York, and Miami are all in the crosshairs.

Danish experts have begun using computer-enhanced mapping techniques to predict what a high-tide of 2.26 meters—what they believe a "20-year event" might look like in …

June 10, 2011 by Yee Huang
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The scope of climate change impacts is expected to be extraordinary, touching every ecosystem on the planet and affecting human interactions with the natural and built environment. From increased surface and water temperatures to sea level rise and more frequent extreme weather events, climate change promises vast and profound alterations to our world. Indeed, scientists predict continued climate change impacts regardless of any present or future mitigation efforts due to the long-lived nature of greenhouse gases emitted over the last century. 

The need to adapt to this new future is crucial. Adaptation may take a variety of forms, from implementing certain natural resources management strategies to applying principles of water law to mimic the natural water cycle. The goal of adaptation efforts is to lessen the magnitude of these impacts on humans and the natural environment through proactive and planned actions. The longer we wait to adopt …

June 9, 2011 by Matt Shudtz
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EPA announced Wednesday that staff from the Office of Chemical Safety and Pollution Prevention are making good on a promise to give the public increased access to health and safety studies about the toxic chemicals that pervade our lives. I applaud EPA for their work. Until Congress reforms TSCA to free EPA’s hand in regulating toxic chemicals, we have to rely too much on an imperfect alternative system, where public interest groups use publicly available data to inform the public about risks and campaign for chemical limits at the state level (see, e.g., BPA). . Broad access to the health and safety studies that EPA has just released, along with the TSCA Inventory and Chemical Access Data Tool, ensures that public interest groups and consumer advocates will have plenty of evidence to back their campaigns.

EPA’s data release is part of an ongoing effort to …

June 7, 2011 by Ben Somberg
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How easy it is to make fun of those out-of-control, unelected government bureaucrats! The examples of their wild behavior are just so plentiful. Here's Tim Pawlenty in his big economic speech this morning (prepared remarks, video):

Conservatives have long made the federal bureaucracy the butt of jokes. And considering some of the bureaucrats in Washington, and what they're actually in charge of doing -- like the strength of our showerheads, the vigor of our toilet flushes, or the glow of our reading lamp -- you know, it’s hard not to laugh, or cry, about such things.

Actually, no.

The showerhead and toilet standards were set by Congress in the Energy Policy Act of 1992. From the law:

The maximum water use allowed for any showerhead manufactured after January 1, 1994, is 2.5 gallons per minute when measured at a flowing water pressure of 80 pounds …

June 5, 2011 by Robert Verchick
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Bonn--At a climate conference in Germany, with lager in hand, I was prepared to ponder nearly any environmental insult or failure. But rat peeReally? 

The urine of rats, as it turns out, is known to transmit the leptospirosis bacteria which can lead to high fever, bad headaches, vomiting, and diarrhea. During summer rainstorms in São Paulo, Brazil, floodwaters send torrents of sewage, garbage, and animal waste through miles of hillside slums and shanties. Outbreaks of leptospirosis often follow the floods. And in a metropolitan region of 20 million people, that’s a public health emergency.

I learned this and more at the 2nd World Congress on Cities and Adaptation to Climate Change, organized by ICLEI-Local Governments for Sustainability and the World Mayors Council on Climate Change, with support from the U.N. Human Settlements Programme. The event brought together 600 delegates, including mayors and UN …

June 3, 2011 by Dan Rohlf
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Few things in politics are certain, but it’s a safe bet that Barak Obama will not carry the state of Utah in his 2012 re-election bid. But despite its dismal electoral prospects in the state, the Obama Administration knuckled under to pressure from Utah and other western Republicans this week when Secretary of Interior Ken Salazar did an about-face on the Bureau of Land Management’s “Wild Lands” policy. The policy, announced by the Secretary less than six months ago, allowed BLM to designate specific lands with wilderness characteristics for protection under agency management plans. Specific protections would have been identified in the planning process open to public participation.

The Wild Lands policy filled a gap in BLM’s land management authority created when Gale Norton, one of Salazar’s predecessors during the George W. Bush Administration, entered into a legal settlement with Utah under which …

June 3, 2011 by James Goodwin
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In testimony before the Senate Committee on Homeland Security and Governmental Affairs in mid-April, Cass Sunstein, Administrator of the White House’s Office of Information and Regulatory Affairs (OIRA), was asked to comment on a much-disputed $1.75 trillion estimate of the annual cost of federal regulations. The number comes from a report commissioned by the Small Business Administration’s Office of Advocacy, often referred to as the Crain and Crain report, for its authors. The $1.75 trillion estimate is grossly at odds with OIRA’s own calculations, but it has been widely bandied about by anti-regulatory advocates on the Hill. Sunstein might well have been expected to knock the question out of the park back in April, but the bat never left his shoulder. “I haven’t studied that document with care,” he said (see 63:50 – 66:43 in the video archive of the …

June 2, 2011 by Lena Pons
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For the last two decades, scientists have amassed evidence that bisphenol A (BPA) poses a threat to human health. BPA is a chemical used in the manufacture of polycarbonate plastic, can liners for food and beverages, and thermal paper used for register receipts. It is used in so many applications that the Centers for Disease Control and Prevention found traces of BPA in 93 percent of people it tested. Although scientists have targeted BPA as a public health concern, plastics industry lobbyists have attempted to thwart the efforts of federal, state, and local authorities to reduce exposure to BPA.

The industry arguments can confuse the public because the way BPA acts on the body is counter-intuitive. Contrary to the old toxicology axiom that “the dose makes the poison,” smaller amounts of BPA are linked to a host of negative health effects. BPA is an endocrine disruptor, a …

June 2, 2011 by Sidney Shapiro
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The Obama administration has been busy with its regulatory look-back, which required agencies to identify health, safety, and environmental standards to be reviewed in the coming months, with the possibility of eliminating or modifying them (in some cases, the specific proposal for modification or elimination was already made last week).   In explaining why the look-back is necessary, the administration sounds too much like the Chamber of Commerce or other anti-regulatory critics and not enough like candidate Obama, who once unapologetically asserted that “government should do that which we cannot do for ourselves.” Cass Sunstein, administrator of the Office of Information and Regulatory Affairs (OIRA), should adjust the tone when he testifies before a subpanel of the House Energy and Commerce Committee tomorrow. Instead of deploying another batch of anti-regulatory rhetoric, the administration should use more language that reminds the public of the value of regulation at the …

June 1, 2011 by Daniel Farber
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Cross-posted from Legal Planet.

I’ve just spent some time reading the initial briefs in the D.C. Circuit on the endangerment issue.  They strike me as much more political documents than legal ones.

A brief recap for those who haven’t been following the legal side of the climate issue.  After the Bush Administration decided not to regulate greenhouse gases under the Clean Air Act, the Supreme Court held that greenhouse gases would be covered if they met the statutory requirement of endangering human health or welfare.  After much stalling by the Bush administration, EPA followed the scientific consensus by finding that (1) yes, climate change is real and caused by human emissions of greenhouse gases, and (2) that climate change would indeed harm humanity (including Americans).  That determination is now being challenged by states such as Texas and Virginia and various other parties like the …

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