Environmental Groups Take Fracking Fight to Court 

Jayni Foley Hein quoted on NPR - KQED, April 17, 2013

This month, a judge agreed with several environmental groups that the Bureau of Land Management failed to review the potential impacts on water and land.   “This is the first major case that really says the agency needs to take a harder look and needs to do a more thorough assessment than it's done in the past,” says Jayni Foley Hein of the UC Berkeley School of Law.

'Stark lack of clarity' on fracking regs -- report

Jayni Foley Hein and Michael Kiparsky quoted in Environment & Energy Publishing, April 11, 2013

"We're witnessing this potentially alarming increase in fracking in the state," said Hein, executive director of Berkeley's Center for Law, Energy & the Environment. "Given these projections, how should the state be forward-looking to regulate fracking?" 

"Despite increasing attention to the issue, there is a stark lack of clarity among regulators and the concerned public about what fracking is in California, how it differs from fracking in other states, the risks that it presents, and how to best manage and regulate the process," the study says. Kiparsky added that policymakers need to take steps to protect against any hazards from unconventional drilling.

"The draft regulations are an important first step," Hein said, "but the state must widen its scope to protect public health and avoid any contamination of surface and groundwater."

California should tighten fracking regulations, report says

How do we define wilderness?

Jayni Foley Hein, quoted on NPR- KALW, February 27, 2013

Jayni Hein, executive director for law, energy and the environment at UC Berkeley’s Boalt school of law, says, “We can’t have commercial activities in our wilderness lands; that would change their character too much.”

“It’s time for creative approaches to think about how can we both incentivize and protect the development of our local sustainable agriculture, organic agriculture, but at the same time preserve these wild areas for future generations.”

Calif. reaches out to neighbors in push for green power

Ethan Elkind and Steven Weissman quoted in Environment and Energy Publishing, January 18, 2013

Green electricity isn’t available if clouds are out or the wind is not blowing…. “It helps to balance it out if you have a lot of different resources to compensate,” Elkind said. “At some point, the state’s going to have to go in that direction, where we start to bring in renewable resources from all across the Western region.”

“The extent to which you expand the ISO’s control area, you’re also expanding the ability to have a first point of interconnection between renewable energy projects and the ISO’s grid,” Weissman said.

Beijing’s ‘Airpocalypse’ spurs pollution controls, public pressure

Alex Wang interviewed by National Public Radio, January 14, 2013

“There’s been clarity as to the severity of the problem, there’s more frequent disclosure of information, but what remains to be seen is whether more aggressive action will be taken to solve the problem,” says Alex Wang…. “In theory, with the greater transparency, that’s harder to do — the falsification or cheating the data. What will be interesting to see going forward is that now that they’ve become more transparent—releasing hourly data and so forth—does it actually force the regulators to take regulatory action?”

Dangerous air pollution levels hit Beijing

Alex Wang interviewed by Marketplace, American Public Media, January 14, 2013

“This is emergency level air pollution,” said Alex Wang, an environmental law professor at University of California-Berkeley, who specializes in China’s environmental regulations.

Former Michigan governor Granholm leaving Current TV

Jennifer Granholm cited in USA Today, January 3, 2013

Former Michigan governor Jennifer Granholm announced she is leaving Current TV and her public affairs program The War Room following the purchase of the cable network by Al-Jazeera, the pan-Arab news giant that the government of Qatar finances.”We were told today that Al-Jazeera is the buyer for Current TV,” Granholm said in a posting on her Facebook page…. Granholm has been considered one of the network’s leading personalities.

Gov. Brown appointees face test as CPUC tackles nuclear, pipeline safety

Steven Weissman quoted in Environment & Energy Publishing, January 7, 2013

“I’ve noticed that Peevey and [former Commissioner Timothy] Simon tended to vote as a bloc almost all of the time, and the question was who they could get to go along with them,” said Steven Weissman, a former administrative law judge at the CPUC who now serves as associate director of the University of California, Berkeley’s Center for Law, Energy and the Environment. “I think the voting blocs are not necessarily something that makes for the best policy.”

A crisis far worse than the fiscal cliff

Jennifer Granholm writes for POLITICO, December 5, 2012

Munich RE is an insurance company: what progressives often consider a methodical, calculating, machine using cold, heartless data to maximize profits. In a report to fellow insurance companies, Munich RE noted that the number of weather-related losses had quintupled over the past thirty years. In October, the company said, “Nowhere in the world is the rising number of natural catastrophes more evident than in North America.”

California greenhouse gas rules face major court test

Daniel Farber quoted in San Jose Mercury News, October 14, 2012

“Any comprehensive plan is going to have to confront this issue,” said Daniel Farber, co-director of UC Berkeley’s environmental law [center]. “A negative decision in this case could pose a barrier to aggressive state efforts to address climate change.”

Lawyers go west as climate litigation warms up

Daniel Farber quoted in Environmental and Energy Publishing, September 20, 2012

“These cases are always hard to predict in the Supreme Court,” said Daniel Farber, an environmental law professor at the University of California, Berkeley, School of Law. The fuel standard case is certainly “a possible case for Supreme Court review,” he added.

New study recommends mass adoption of electric vehicles

Ethan Elkind and Steven Weissman quoted in The Daily Californian, September 9, 2012

“Electric vehicles are important to our environmental concerns, public health, quality of life and national security,” said Ethan Elkind…. “They are important to the economy because you would have a domestic source of fuel instead of having to import foreign oil.”

The magnitude of environmental benefits is not the same in all states because it depends on which energy source is used to generate electricity. In states like West Virginia, electricity is produced by coal as opposed to cleaner energies used in California, said Weissman.

Citizens are better at picking endangered species

Eric Biber quoted in Futurity.org, August 16, 2012
“There are some 100,000 species of plants and animals in North America, and asking one federal agency to stay on top of that is tough,” Biber says. “If there were restrictions on the number of citizen-initiated petitions being reviewed, the government would lose a whole universe of people providing high-quality information about species at risk, and it is likely that many species would be left unprotected.”

Green protests on the rise in China

Alex Wang quoted in Nature Publishing Group, August 14, 2012

Alex Wang, an environmental lawyer at the University of California, Berkeley, says that the lawsuit signals an opportunity for civil-society groups to play a part in environmental enforcement. But “only time will tell whether this turns into precedent or remains a one-time event. Too many promising initiatives like this one have languished once the initial publicity has died down,” he warns.

For real jobs plan, empower govs

Jennifer Granholm writes for POLITICO, August 8, 2012

Governors are hungry for both dollars and jobs, and states alone don’t have the resources to compete against China. But if the federal government could catalyze action, sparking private sector partnerships and state-level policy changes — be they tax incentives, land assembly, streamlined permitting processes, renewable-energy standards, access to capital, access to talent and training — then this bottom-up Clean Energy Jobs Race to the Top would create millions of permanent, well-paying advanced manufacturing jobs in America in the next four years.

California’s water system can adapt to climate change, new study shows

Daniel Farber and Deborah Lambe quoted in The Daily Californian, August 7, 2012

“The growing California population will put additional stress on the water system,” said Berkeley School of Law Professor Dan Farber, another co-author of the study, in an email. “Some of our key recommendations include a new system for monitoring and recording water use, which is essential for better planning, and better methods for controlling the use of groundwater, which is rapidly being exhausted.”

“The information those kinds of rules will generate can help California adapt to climate change by establishing a baseline of how much water the state is using and by identifying changes in both supply and demand over time,” Lambe said.

China’s rapid industrialization fuels more public protests

Alex Wang quoted in USA Today, July 29, 2012

Both the Qidong and Shifang demonstrations “reflect what happens when there are no effective formal channels for public input into environmental decision making”…. Berkeley’s Wang said he hopes Qidong is “a wake-up call” for leaders: “If they don’t create genuine channels for engaging with the public before polluting projects are approved, they will inevitably have to deal with the much uglier aftermath when protests erupt.”

Conservationists use triage to determine which species to save and not

Holly Doremus quoted in Scientific American, July 23, 2012 (subscription required)

“The environmental community was always unwilling to talk about triage,” says Holly Doremus, a law professor at the University of California, Berkeley. “Even though they knew it was going on, they were unwilling to talk about it.”

Recovering the waterfront is important because people want to live here

Steven Weissman interviewed by Diari Mes (page 8), July 2, 2012

“I think to advance, it is necessary to combine strong political leadership with a concern for urban design and a participatory democratic process that will generate enough public support. Leaders must be able to describe the future they want for their city, and citizens must create this vision and support it so it functions.”

China to ask for environmental funding at Rio summit

Alex Wang interviewed on Marketplace, Sustainability, June 15, 2012

“I think sometimes the debate misses how much of the responsibility is also in the U.S. and the developed countries that are after all shipping a lot of industries to China and purchasing the goods that China is producing.”

University report takes stab at Brown’s lofty renewables goal

Jeffrey Russell and Steven Weissman report cited in Greentech Media, June 11, 2012

The Governor’s office asked CLEE’s Weissman and Jeffrey Russell to expand on the UCLA conference stakeholder input with further research and analysis and build a comprehensive outline of how to overcome the many remaining planning, permitting, financing, construction and interconnection barriers slowing California’s DG.

“There is going to have to be a lot done on the utility level,” Weissman said. “The utilities … tend to look at their resource needs on a service territory-wide basis. But in order to make distributed generation a significant factor and a positive contribution to the grid, there is going to have to be a renewed emphasis on local resource planning.”

This story appeared in a number of sources including ClimateWire, San Francisco Business Times, Daily Democrat, and KQED News.

State caught in middle of electric car station dispute

Steven Weissman quoted in Daily Journal, May 29, 2012 (registration required)

Ecototality may have its work cut out for it in the lawsuit, said Steven Weissman. “The courts have over time given tremendous deference to the PUC about the way it resolves cases that involve ratepayer funds.”

Marin residents facing July deadline to pick power provider

Steven Weissman interviewed by KCBS-TV, ConsumerWatch, May 29, 2012

“It’s a dramatic increase in the amount of renewable power being provided to customers,” said Steven Weissman. He said nothing’s for sure in the energy markets, but believes over time, Marin Clean Energy’s rates should be comparable to P.G. and E’s. “I don’t think you’re going to have a significantly different bill,” Weissman told ConsumerWatch.

Has blazing a trail in solar energy cost California too much?

Steven Weissman report cited in Los Angeles Times, May 23, 2012

More than bragging rights are at stake: California’s solar industry has created 26,000 jobs, or 1 in 4 solar jobs nationwide, according to a recent study by the UC Berkeley law school.

California carbon market to generate billions but won’t end budget woes

Daniel Farber and Deborah Lambe cited in Forbes, May 17, 2012

“The least risky spending proposals are those that would advance AB 32’s goals, and in particular, AB 32’s primary goal: the reduction and mitigation of greenhouse gas (GHG) emissions,” wrote Deborah Lambe and Daniel Farber of the University of California, Berkeley’s Center for Law, Energy & the Environment. “Somewhat more risky (but still relatively low risk) are costly spending proposals for projects that advance the goals of AB 32, but also advance other, unrelated goals.”

This story also appeared in these outlets: KATV-TV, SNL Power Daily, and Sacramento Business Journal.

Net metering battle heats up as utilities fear “silent subsidy”

Steven Weissman quoted in PV-Tech, April 10, 2012

“Overall incentives are being reduced,” said Weissman. “I think about a patient in intensive care with tubes, wires, everything is hooked up and the doctor comes in and says I think the patient is doing better, let’s yank them all out! That’s not what they’re going to do, they’re going to pull one plug, ramp down one medicine and see what the impacts are.”

Delta’s woes: No easy fix, report finds

Holly Doremus quoted in Contra Costa Times, March 29, 2012

Doremus noted the committee did not weigh in on plans to move water around the Delta. The committee wrote there are not enough details available for it to analyze…. “Diverters were hoping the report would point a finger at other stressors as more important, which it didn’t,” Doremus wrote.

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.”

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.

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.”

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.

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%21CMNA20110902.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.