Farmers gain ground in California water wars as bill passes House

Holly Doremus quoted in The Sacramento Bee, March 15, 2012

“It didn’t work,” said Holly Doremus, a UC Berkeley law professor and California water expert. “It’s widely regarded as a failure as a way to put in place balanced management of the Bay-Delta.”

Women are facing sexual McCarthyism

Jennifer Granholm writes op-ed for POLITICO, March 12, 2012

Indeed, Republican obsession with Planned Parenthood alone has become a form of legislative sexual McCarthyism. Any program that has a remote link to Planned Parenthood is targeted for eradication — regardless of the collateral damage to poor women.

Controversy over Calif. oyster farm becomes a battle of the form letters

Holly Doremus quoted in Environment & Energy News, March 9, 2012

“There are sort of two separate games going on―there’s the legal game and the political game,” Doremus said. “The fact that [NPS] may be playing a political game that fans of the farm may think is hard doesn’t mean anything is legally wrong with the NEPA process.”

U.S. House approves bill that would remake California water law

Holly Doremus quoted in Los Angeles Times, March 1, 2012

“Part of what it tries to do is turn back time,” said UC Berkeley law professor Holly Doremus. “It’s a remarkable overreach. It tries to give the irrigators everything. They threw all of the wish list in here.”

GHG rule ‘tailored’ to suit administration, says industry

Holly Doremus quoted in Environment & Energy News, March 1, 2012

“It is a big challenge for EPA,” said Doremus. “It is absolutely clear that they’re rejecting specific words of statute.”

The legal odyssey to curb greenhouse gases opens a new chapter on a warm February day

Holly Doremus quoted in Environment & Energy News, February 29, 2012

“The Bush administration did nothing,” agreed Holly Doremus, a professor of environmental law at the University of California, Berkeley, School of Law. “The Obama administration EPA started exploring what they must and could do under the Clean Air Act.”

Lawyers descend en masse for arguments on greenhouse gas rules

Daniel Farber quoted in Environment & Energy News, February 27, 2012

As Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law, noted, while it may be unusual for so many lawyers to be arguing, there’s an obvious reason why. “That seems like a lot of lawyers to me,” he said. “But of course the challengers are raising a lot of issues.”

Jennifer Granholm Faults GOP Presidential Candidates

POLITICO, February 27, 2012 by Jennifer Granholm
http://dyn.politico.com/printstory.cfm?uuid=731AE657-FDBF-43A2-8F57-113D75270788

In their zeal to “let Detroit go bankrupt,” what’s left unsaid is the fact that the tea-steeped Republican presidential candidates are bankrupt of new ideas for moving this country forward in an aggressive global economy, bankrupt of compassion for those who are less fortunate and bankrupt of compromise with those who view the issues differently than they do.

Daniel Farber and Joseph Sax Recount Berkeley Law’s Environmental Legacy

San Francisco Chronicle, February 26, 2012 by Daniel Farber
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2012/02/25/INNB1N9UKT.DTL

“It traces back to work done at the law school, to community activists and to people in public office,” says Sax. “We need the legal basis to get the job done, and the place where that happens is in the law school.”

In short, the legacy of Colby, Sax and Heyman lives on—not only in Berkeley Law itself, but also in the wetlands, lakes and mountains they fought with such ingenuity to protect.

Daniel Farber Says Founders’ Original Intent Unclear

The Independent Voter Network, February 23, 2012 by Daniel Farber
http://ivn.us/2012/02/23/founders-original-intent-far-from-crystal-clear/

People rely on rulings by the Supreme Court to provide consistency and prevent the proverbial rug from being pulled out from under them. But it can be difficult to decide when an erroneous ruling should be left intact. Again, reasonable judges can reach different conclusions even if they are both believers in upholding the original intention of the Constitution.

Daniel Farber Calls Debates Over EPA’s Findings ‘Political’

California Watch, February 13, 2012 by Bernice Yeung
http://californiawatch.org/dailyreport/southern-californians-risk-death-air-pollution-epa-says-14843

“There is strong industry opposition to these regulations and strong opposition from groups who are ideologically opposed to regulation in general,” Farber wrote in an e-mail. “EPA’s most important role in terms of economic impact and public health relates to air pollution. So it’s not surprising that this is the area where EPA is being attacked.”

Holly Doremus Supports Judge’s NEPA Opinion

Environment & Energy News, February 3, 2012 by Lawrence Hurley
http://www.eenews.net/public/eenewspm/2012/02/03/1

“As Fletcher writes, it has long been the rule that agencies must evaluate the environmental consequences of their actions when it is reasonably possible to do so.”

Jennifer Granholm Discusses New TV Show, Lauds Clean Air Standards

San Jose Mercury News, January 24, 2012 by Jennifer Granholm
http://www.mercurynews.com/opinion/ci_19811871

When finalized in the summer, this strong national standard will save families in California and across the country thousands of dollars at the pump over a vehicle’s lifetime, reduce U.S. dependence on foreign oil and help to significantly reduce harmful carbon emissions.

-POLITICO, January 24, 2012 by Patrick Gavin
http://dyn.politico.com/printstory.cfm?uuid=5C322D03-7BAD-464A-975B-3E1BDCC505B0

“I will be a progressive, and I will be on the left side of the spectrum,” Granholm said. And she will be, largely, supportive of what she sees coming out of the Obama administration.

-The Detroit News, January 26, 2012 by Laura Berman
http://www.detroitnews.com/article/20120126/OPINION03/
201260406/Granholm-spout-opinions-TV?odyssey=mod

She’s promising serious and lively discussion of public policy, sharp analysis and the politically progressive slant that is Current TV’s signature. The plan is to “dive deeply for political junkies” — a promise that can be read as a threat, if you’re not too keen on politics.

Eric Biber Offers Environmentalists an Election-Year Strategy

Defense Environmental Alert, January 4, 2012 by Curt Barry
http://cleanenergyreport.com/ (registration required)

While Biber doubts whether the initiative’s proposal will get the requisite signatures to make it onto the ballot, he says that environmental groups might want to use it as a rallying call to “get out the vote for the election (and perhaps push for success on other initiatives they might have for the ballot that they care about, too).”

Daniel Farber Applauds NEPA Survey

Greenwire, December 19, 2011 by Lawrence Hurley
http://rlch.org/news/survey-finds-nepa-studies-consider-climate-impacts-inconsistently
Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law, welcomed the survey, noting that, in general, “NEPA implementation in the federal government suffers from fragmentation,” making it difficult to track what different agencies are doing.

Holly Doremus Explains Preemption Dilemma in Air Pollution Case

Daily Journal, December 28, 2011 by Fiona Smith
http://bit.ly/A1iJm3 (registration required)

“The [Supreme] Court doesn’t seem to have come out with any clear doctrine, especially on when and to what extent they should presume state legislation is valid and to what extent they should put their thumb on the scales on behalf of the states,” Doremus said.

Alexander Wang Says China’s Green Movement Growing Stronger

chinadialogue, December 13, 2011 by Justin Gerdes
http://www.chinadialogue.net/article/show/single/en/4679

This litany of incidents illustrates the growing pressure the public and NGOs are able to wield in the fight against pollution in China, Alex Wang, attorney and visiting assistant professor at UC Berkeley Boalt School of Law, argued. “There’s no doubt that there seems to be an increased pressure and intensity,” he said. Armed with an ever-expanding body of environmental law, these players are pushing for change in the corporate world.

Ethan Elkind Clarifies Findings of Energy Storage Report

Intelligent Utility, November 29, 2011 by Phil Carson
http://www.intelligentutility.com/article/11/11/energy-storage-california-prose-and-cons

“The report seeks to offer policy-makers an assessment of how the state could deploy energy storage technologies by 2020 in a cost-effective manner, given California’s environmental and renewable energy goals.”

Ethan Elkind Recommends Energy Storage TargetsInside Cal/EPA, November 18, 2011 by Inside Cal/EPA Staff

http://iwpnews.com/sample_issues/insidecalepa_sample.pdf

“The state and federal governments could promote incentive programs, either by developing new programs or by expanding existing ones, to help finance energy storage projects, bring down costs and help manufacturers provide better data to spur further investment by 2020.”

Holly Doremus Comments on Wetlands Case

The Spokesman-Review, November 6, 2011 by Becky Kramer
http://www.spokesman.com/stories/2011/nov/06/private-land-public-battle/
“The fact that the Supreme Court decided to take this case suggests that at least four members of the court think that the circuit courts are getting it wrong,” she said.

Ethan Elkind Studies Feasibility of Energy Projects on Farmland

-E&E News, October 24, 2011 by Anne C. Mulkern
http://www.eenews.net/eenewspm/rss/2011/10/24/10 (requires registration)

“Proposed projects on farmland tend to spur opposition from agricultural interests worried about the loss of productive farmland in the state, as well as from endangered species advocates concerned about the destruction of farms that provide critical habitat for endangered and threatened species,” said Ethan Elkind, one of the authors of the study.

-Los Angeles Law Schools Examiner, October 24, 2011 by Seth Chavez
http://www.examiner.com/law-schools-in-los-angeles/how-to-harvest-clean-energy-from-
degraded-farmland-ucla-law-berkeley-law

“It’s important to strike a careful balance between demands for food and energy,” said report author Ethan Elkind, research fellow at UCLA Law and Berkeley Law. “The state needs to preserve its prime farmland yet actively develop these projects on appropriate sites to meet our state’s energy needs.”
 

Jennifer Granholm Lands New TV Show

-The Baltimore Sun, October 12, 2011 by David Zurawik
http://bit.ly/s5Q3tM

“THE WAR ROOM will be a nightly show for political junkies like me and anyone who cares about the future of our country, focusing on the 2012 election from all angles.  As a former governor, I want to take the viewers backstage to the great American drama that is democracy.”

-Associated Press, October 12, 2011 by Frazier Moore
http://news.yahoo.com/former-mich-governor-host-current-tv-talk-show-163841528.html

“I’m really interested in solutions,” Granholm said. “We’ll be taking a deeper dive to solutions to the most pressing problems out there.”

Daniel Farber Wins Accolades in Justice’s New Book

The New York Times, September 30, 2011 by Lawrence Hurley
http://nyti.ms/qPES8R   

Stevens, now 91, recalls that when the government first petitioned the court to overturn the Cincinnati, Ohio-based 6th U.S. Circuit Court of Appeals ruling that had halted construction of the almost completed dam, one of his law clerks sent him a memo dismissing the arguments as “feeble.”  That clerk was Daniel Farber, who is now a well-known environmental law professor at the University of California, Berkeley, School of Law.

Daniel Farber Discusses ‘Diversity Bake Sale’

The Daily Californian, September 26, 2011 by Jason Willick
http://bit.ly/qLvVsk  

According to UC Berkeley School of Law Professor Daniel Farber, if the group actually sold cupcakes at different prices to students of different races, then their conduct would not be protected under the First Amendment because “a general rule against racial discrimination in commercial transactions should be valid.”

Holly Doremus Commends Judge for Mastery of Water Laws

San Francisco Chronicle, September 25, 2011 by Gosia Wozniacka
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/09/24/BAG21L92R3.DTL

“I think those cases have been an incredible challenge,” said Holly Doremus, a law professor at UC Berkeley. “Judge Wanger took very seriously the task of sorting through the facts in these extremely complex, scientific cases.”

Steven Weissman Downplays Solyndra Collapse

Corporate Counsel, September 21, 2011 by Catherine Dunn
http://bit.ly/rgrKFe

With regards to the singular, if high-profile, failing of Solyndra, Weissman says: “It’s a vast oversimplification to point to [the failure] of one company and draw any meaningful conclusions.” The purpose of the federal loan-guarantee program is to shift risk in uncharted waters from the private sector to the taxpayer, and “whenever there’s risk, that means some things are going to succeed and some things are going to fail,” he adds.

Jennifer Granholm Wants to Jump-start US Economy

The Michigan View, September 19, 2011 by L. Brooks Patterson
http://bit.ly/pXaQcM

“I would do everything I could to influence how the forthcoming stimulus package would be structured so as to support a ‘rush to green’ strategy for Michigan,” she writes. “Chrysler is a great company making great cars with a green future.”
-POLITICO Pro

Jennifer Granholm Calls for Economic Policy Reforms

The Macomb Daily, September 18, 2011 by Kathy Barks Hoffman
http://www.macombdaily.com/articles/2011/09/18/news/politics
/doc4e76bf5826994006546287.txt

“If people think that cutting taxes and shrinking government by themselves are going to improve their economy, they should look at what happened to Michigan over the (past) decade,” Granholm told The Associated Press in a telephone interview.

Holly Doremus Defends EPA

The New York Times, September 19, 2011 by Lawrence Hurley
http://nyti.ms/p31L8v    

In defense of EPA, Berkeley’s Doremus dismissed the notion that the agency regularly throws its weight around by initiating enforcement proceedings against individual property owners like the Sacketts. That doesn’t happen, she said, because both EPA and the Army Corps “have been stung” in the past by efforts that have backfired politically.

Eric Biber Warns of Weakened Environmental Quality Act

Greenwire, September 13, 2011 by Lawrence Hurley
http://www.eenews.net/Greenwire/rss/2011/09/13/10

“I very much am concerned that CEQA will be increasingly watered down,” Biber said. “I think we’ve already seen a pattern of this happening.” His biggest concern is that the argument for easing environmental review for proposals that create jobs and are environmentally friendly could lead to confusion and conflict over what kind of projects are worthy.

 

Daniel Farber Supports Cap and Trade to Reduce Emissions

Carbon Market North America, September 2, 2011 by Dan Farber
http://www.pointcarbon.com/polopoly_fs/1.1575731!CMNA20110902.pdf 

Cap and trade may or may not be the ideal approach, but if we cannot afford to delay while we engage in a quixotic quest for the perfect method of reducing emissions.

 

Alex Wang Gauges Impact of China’s Environmental Protests

Foreign Policy, August 23, 2011 by Christina Larson
http://bit.ly/nqDnKP      

“If this incident leads to more and better environmental transparency and better systems for ensuring that the public is protected from environmental risks, then it will have been a victory.” But he adds: “If the takeaway for the powers that be is that information needs to be more tightly controlled, then the pressures that led to the Dalian PX protests in the first place will only continue to grow.”

 

Steven Weissman Notes State’s Pivotal Role in AT&T Merger With T-Mobile

POLITICO Pro, August 16, 2011 by Michelle Quinn
https://www.politicopro.com/ (registration required)    

“California can refuse to approve the deal unless certain conditions are met,” Weissman said. “This would force AT&T and T-Mobile to alter the agreement in order to move ahead. Even though California’s authority doesn’t reach beyond its borders, the companies can’t merge one way in California, and another way everywhere else. In effect, a roadblock in California stops traffic on a national level.”  

 

Holly Doremus Says Wyoming Wolf Deal Is Not a Guarantee

The Billings Gazette, August 11, 2011 by Jeremy Pelzer
http://bit.ly/opFwkw

For one thing, she said, Fish and Wildlife biologists might be concerned whether Wyoming can accurately keep tabs on the state’s wolf population, given that wolves could be shot on sight without a license in part of the state. “They will have to do that process carefully,” Doremus said. “They’ll have to make sure they dot the procedural I’s and cross the T’s, because for sure they’re going to get sued.”

Alex Wang Discusses Green Litigation in China

China Dialogue, July 18, 2011 by Alex Wang
http://bit.ly/piUGFb

 

In our work over the years in China, a remarkable number of lawyers have expressed a desire and willingness to use their skills to help the environment and prevent injustice. Much work can be done to help these lawyers play a bigger role in China’s environmental protection.

 

Steven Weissman Gives Bryson Thumbs Up as Former Edison CEO

Los Angeles Times, July 16, 2011 by Jim Puzzanghera
http://articles.latimes.com/2011/jul/16/business/la-fi-bryson-profile-20110716/2        

 

“The fact that the company was in financial trouble during the crisis is really not so much a reflection of … the way it was managed,” Weissman said. “It was an indictment of the underlying premise for deregulation as it was designed in California.”

 

Ethan Elkind Describes Public Transit Benefits

Progressive Railroading, July 13, 2011 by Editorial Staff
http://bit.ly/oHLW2V

 “A good public transit system can create jobs, reduce commute time and expenses, and encourage smarter development that gives people more mobility and housing options,” he said.

Joseph Sax Wins International Blue Planet Prize for Research on Environmental Law

Contra Costa Times, July 13, news brief

“This (award) is simply the latest in a series of well-deserved accolades Professor Sax has received over his remarkable career,” said Cymie Payne, associate director of Boalt’s Center for Environmental Law and Policy…

Holly Doremus Explains Why SCOTUS Chose EPA Case

The New York Times, July 11, 2011 by Lawrence Hurley
http://nyti.ms/qiqmbJ

Legal experts do agree that there are enough differences between the GE and Sackett cases to explain why the court did not treat them the same. Holly Doremus, an environmental law professor … noted, for example, that the conservative wing of the court has a particular problem with wetlands regulation, which it sees, in her words, as a “breathtaking expansion of federal authority into virtually every corner of the geographic world.” The Superfund law does not attract “the same overt hostility” from those justices, which include the outspoken Antonin Scalia.

Joseph Sax on Legacy of Environmental Movement

KQED (89.5 FM) Forum with Michael Krasny, July 17
http://www.kqed.org/epArchive/R707171000

The show discusses the legal legacy of the environmental movement as well as the role of industry.

Holly Doremus Comments on Threatened Railroad Lawsuit

Associated Press, June 21, 2011 by Noaki Schwartz
http://www.cbsnews.com/stories/2011/06/22/travel/main20073328.shtml

Holly Doremus, an environmental law professor at the University of California at Berkeley, said there has been debate over what constitutes solid waste, but in this case there’s no doubt the tiny toxic elements are waste…. “It’s not a slam dunk either way, and I think it’s very creative by the NRDC to have found this possibility,” she said.

Steven Weissman, Daniel Farber Discuss Bryson’s Policies During CA Power Crisis

The New York Times, June 15, 2011 by Colin Sullivan
http://nyti.ms/mr4jsm          

Bryson did manage to separate himself from other corporate executives by dealing directly with Davis. This made Edison “the quieter of the three major California utilities” during the crisis, Weissman said, as Bryson was working behind the scenes to pay off its debt, avoid bankruptcy and generally keep “a lower profile in terms of affiliate transactions in California power markets.” And some tried to turn the table on Republicans when the question was raised about Bryson’s support for renewables and BrightSource specifically. “Given that the Republicans won’t vote to repeal subsidies to the oil industry, I don’t see how they can complain about subsidies for clean tech,” said Daniel Farber.        

Holly Doremus Extols Strength of Endangered Species Act

The New York Times, Room for Debate, April 22, 2011 by Holly Doremus
http://nyti.ms/gJUwh2

The great virtue of the Endangered Species Act is that it fights the human tendency to ignore problems indefinitely. It doesn’t force us to save endangered species, but it forces us to notice their plight. It’s a vital attention-getting device, and we need to be sure it continues to serve that purpose.

Neil Popovic and Ethan Elkind Call Climate Change a Human Rights Issue

New University, April 5, 2011 by Maxine Wally
http://www.newuniversity.org/2011/04/news/climate-concerns/

“We need resources for assessments and planning; we need help charting a future,” Elkind said. “We need to protect existing, local resources, local water supply, promote retrofitting and realize we are all connected in this.”

It is a problem felt by many, bringing about the humanitarian aspect of this issue. “The way it affects people really resonates with others because they can identify with it and can imagine how it feels,” Popovic said.

 

Holly Doremus Questions White House Review of EPA Mining Guidelines

-The Huffington Post, April 5, 2011 by Marcus Baram
http://www.huffingtonpost.com/2011/04/05/tokyo-electric-knew-radia_n_845021.html

The EPA has announced that it will delay finalizing its guidance memorandum on Clean Water Act permitting for mountaintop removal mining projects, pending review by the White House Office of Management and Budget. The move worries those “hoping the Obama administration won’t completely cave to regulated interests,” says Berkeley Law professor Holly Doremus.

-Greenwire, April 7, 2011 by Manuel Quinones
http://www.eenews.net/gw/ (registration required; go to H:\Law School in the News\In the News 2011\News Clips for article)

Doremus maintains an agency guidance does not need review by the executive branch. “What [White House officials] are supposed to be reviewing is new legal burdens. A rule is something that imposes new legal burdens,” she said in an interview. “All this guidance does is say, look at all the existing laws and regulations, this is how we are going to enforce them.”

-The Charleston Gazette, Coal Tattoo, April 7, 2011 by Ken Ward Jr.
http://bit.ly/dMKQXw

In a post on the group’s blog, Holly Doremus, a law professor at the University of California at Berkeley, outlined some serious concerns: Why is the White House really involved? Because since the mid-term elections it has been only too willing to bend to big-money attacks on regulatory agencies.

 

Daniel Farber Calls for Reduced Energy Consumption

Forbes, April 6, 2011 by William Pentland
http://blogs.forbes.com/williampentland/2011/04/06/global-
warmings-consumption-paradox/

  Society needs to consume less of everything from automobiles to air conditioning if it wants to confront climate change, according to Daniel Farber…. In Farber’s view, the mechanics of “reducing consumption” encompasses a tectonic shift away from consumption-driven capitalism toward a “post-consumerism” model of economic growth that promotes a more robust concept of social welfare.      

 

Daniel Farber Examines ‘Supreme Mistakes’ of U.S. High Court

Los Angeles Times, April 2, 2011 by Carol J. Williams
http://articles.latimes.com/2011/apr/02/local/la-me-scotus-scandals-20110402  

The high court’s decision in Dred Scott vs. Sandford in 1857 held that the descendants of slaves weren’t entitled to U.S. citizenship or the protections of the Constitution…. “It was a deeply racist opinion that goes far out of its way to warmly embrace the institution of slavery,” said Daniel Farber, a UC Berkeley law professor who said the decision arguably led to the Civil War and hundreds of thousands of deaths.      

 

Daniel Farber Thinks Japan’s Crisis Will Delay Nuclear Programs

KGO-TV, March 14, 2011 Host Mark Matthews
http://abclocal.go.com/kgo/story?section=news/national_world&id=8013372  

Farber says the nuclear engineers are on the defensive because they know what is happening in Japan could jolt efforts to revive U.S. nuclear power industry. “Proceedings are going to take longer and they’re going to require more safeguards, and all of that adds up to more cost,” Farber says.