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April 18, 2011 by Amy Sinden

Six Myths About Climate Change and the Clean Air Act

In politics, repeating something over and over again can sometimes make it stick, whether it's true or not. From Reagan’s welfare queens, to the specter of “socialized” medicine leading to imminent communist takeover, these sorts of myths often start on the far right but then move surprisingly far to the center. And as the EPA has begun to move forward with regulating greenhouse gas emissions under the Clean Air Act, we've seen one of these myths begin to take shape. This time it’s the notion that the Clean Air Act is a bad tool for addressing climate change.

At the heart of it is this: a lot of regulated industries and their allies don't want any limits at all on how much carbon dioxide they can release into the atmosphere. But the Clean Air Act says that EPA must regulate any air pollutant that may reasonably be anticipated to endanger the public health or welfare and defines “air pollutant” very broadly. In 2007, the Supreme Court held that greenhouse gases are “air pollutants” under the Act, and ordered EPA to make a scientific judgment under Section 202 about whether the greenhouse gases emitted by cars …

April 12, 2011 by Yee Huang
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Today CPR releases Making Good Use of Adaptive Management, a white paper explaining the basic principles of adaptive management and highlighting best practices for implementing and applying it to natural resources management. 

Over the last two decades, natural resource scientists, managers, and policymakers have employed adaptive management of land and natural resources. The approach calls for resource managers to design management actions as structured and iterative scientific experiments. Resource managers monitor the results of a particular experiment and then adjust future management actions on the basis of what the experiment reveals, repeating the cycle to achieve the environmental objectives.

Adaptive management is particularly useful in managing a dynamic ecosystem or resource that is not well understood. It explicitly recognizes the inherent uncertainty that complicates natural resources management and provides a directed process for filling information gaps and addressing uncertainty. 

Despite the appeal of adaptive management, few documented …

April 4, 2011 by Daniel Farber
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Cross-posted from Legal Planet.

I’m beginning to wonder whether we need an “Endangered People Act” to ensure that the most vulnerable get the protection they need from climate change impacts. Climate change will disproportionately affect vulnerable individuals and poorer regions and countries, as I discuss in a recent paper comparing adaptation efforts in China, England, and the U.S.  For example, by the end of the century, the number of heat wave days in Los Angeles could double, while the number in Chicago could quadruple, with corresponding increases in deaths.  Elderly poor people are more vulnerable to heat stress; they are especially at risk when they are socially isolated. Another example is provided by coastal fishing communities around the world, such as Louisiana’s Cajuns, who will be swamped by rising sea levels.  Internationally, millions of inhabitants of river deltas like the Mekong are at high …

March 23, 2011 by Ben Somberg
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CPR Member Scholar Joel Mintz has an op-ed in the South Florida Sun-Sentinel taking a look at the House's continuing resolution for the FY 2011 budget and what it would do to the EPA. Writes Mintz:

House leaders would have us believe they're cutting fat from the budget. In fact, they're taking dead aim at nerves, muscles, and vital organs. EPA's existing regulations — and their enforcement — provide vital protections against emissions of toxic air and water pollutants, contamination of public water supplies, the abuse of dangerous pesticides, exposure of school children to asbestos, releases of poisonous chemicals from abandoned hazardous waste dumps, and the destruction of fish, shellfish, and other aquatic life.

If the House-proposed EPA budget cuts — or anything anywhere close to them — are enacted into law, EPA's ability to implement all of those protections (along with other important facets of …

March 22, 2011 by
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Friday, the first traces of the plume of radioactive gas from the damaged Japanese reactors were reported to reach California. The cornerstone of international environmental law is often said to be the “prevention principle,” which says that states have “the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States.”  Does that mean that the transboundary radiation has put Japan in violation of international law? 

In a word, No.

Although the quoted language, from the 1992 Rio Declaration, sounds as if any transboundary damage would violate international law, almost no one interprets the prevention principle so strictly. To be an obligation under customary international law, the principle would have to reflect states’ customary practice, and states don’t prevent all transboundary pollution. Last year, in a case between Argentina and Uruguay, the International Court of Justice characterized …

March 21, 2011 by Rebecca Bratspies
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The twin natural disasters that struck Japan this month, earthquake and tsunami, left a trail of devastation in their path. Entire villages were lost. The death toll currently stands at more than 8,000 but is expected to rise much higher (more than 13,000 are missing). Even as survivors struggle for shelter, warmth and food, the natural disasters are being rapidly overshadowed by the unfolding nuclear disaster at the Fukushima Daiichi Nuclear Power Station. The key difference is that the nuclear disaster didn’t have to happen. 

The earthquake, the tsunami, and the nuclear meltdown are all wrapped up together right now as one big human tragedy. But it is important not to blur the lines between risks that are inherent to living on planet earth, and risks that we have created for ourselves. Natural disasters like earthquakes, hurricanes or tsunamis are woven into the very …

March 17, 2011 by Rena Steinzor
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Who’s the most powerful person in the Executive Branch these days, other than the President, the Vice President, their chiefs of staff, and—on any given day—the Secretaries of Defense or State?   If odd Senate bedfellows Olympia Snowe (R-ME) and Tom Coburn (R-OK) have their way, the new, genuinely imperial regulatory czar will be one Dr. Winslow Sargeant, chief counsel for advocacy for the Small Business Administration (SBA). Under a plan these two have concocted (and are even trying to include as an amendment (SA211) this week in a bill (S. 493) to reauthorize two small business technology programs), Sargeant would be given the authority to render existing regulations—from Dodd-Frank financial reform to health care reform to statutorily mandated environmental protections—null and void simply because he does not like the way the sponsoring agency has handled its periodic "lookback" analysis of the impact …

March 16, 2011 by Rena Steinzor
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My bet is that EPA Administrator Lisa Jackson will do a little victory dance in her office before going home this evening. She’s earned it. After 20 years of false starts, EPA is issuing today the first proposed rule to control poisonous mercury emissions from power plants. They’re doing it despite a concerted blast of coal company and electric utility lobbying at the upper levels of the White House. Jackson’s achievement is testimony to her exemplary leadership of EPA in difficult times, but more than that, it’s a huge win for the babies of America, an estimated 630,000 of whom are born annually with blood mercury levels in excess of what experts consider safe.

The Mad Hatter in Lewis Carroll’s Alice in Wonderland was the first widely recognized victim of mercury poisoning. When Carroll was writing, mercury was used to keep …

March 15, 2011 by Frank Ackerman
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Cross-posted from Real Climate Economics.

True or false: Risks of a climate catastrophe can be ignored, even as temperatures rise? The economic impact of climate change is no greater than the increased cost of air conditioning in a warmer future? The ideal temperature for agriculture could be 17 degrees C above historical levels?

All true, according to the increasingly popular FUND model of climate economics. It is one of three models used by the federal government’s Interagency Working Group to estimate the “social cost of carbon” – that is, the monetary value of the long-term damages done by greenhouse gas emissions. According to FUND, as used by the Working Group, the social cost of carbon is a mere $6 per ton of CO2. That translates into $0.06 per gallon of gasoline. Do you believe that a tax of $0.06 per gallon at the gas pump …

March 9, 2011 by Ben Somberg
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CPR Member Scholar Robert Adler has an op-ed in the Salt Lake Tribune looking at a series of developments in Utah -- administrative actions as well as pending legislation -- that could hinder citizen engagement in environmental decisions. The context, write Adler, is this:

Whether or not one agrees that Tim DeChristopher was legally or morally justified in his civil disobedience as “bidder 70” in Bureau of Land Management oil and gas leases, virtually everyone asks why he did it.

I do not presume to speak for him. But one possible reason was surely his frustration about what he perceived as the ineffectiveness of other avenues to influence public decisions that affect his health and the quality of his environment.

It is ironic, therefore, that at the very time Mr. DeChristopher and his attorneys have been fighting to highlight this frustration, multiple levels of Utah’s state government have …

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