The EPA Power Grab

Posted by: | January 8, 2010 | 1 Comment

My thanks to Prof. Slavin for inviting me to serve as student blogger of the month.  I shall do my level best to maintain the high standards set by the MULS Faculty Blog. Last month, the Environmental Protection Agency (EPA) issued a finding that greenhouse gases, including carbon dioxide, constitute a threat to human health [...]

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In 1774, Ben Franklin said, “When the well’s dry, we know the worth of the well.” “He was wrong,” author Robert Glennon told an audience of about 100 Tuesday at the Alumni Memorial Union at Marquette University.  Even as  wells and water supplies move ominously closer to dry in parts of the United States, the [...]

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Copenhagen Conundrum

Posted by: | November 30, 2009 | Leave a Comment

We are only a week away from the beginning of the highly anticipated global climate summit in Copenhagen.  I recently took part in a mock negotiation session (I represented Mexico), and I can attest to just how difficult it will be to reach any agreement at the summit – even, as has been suggested lately, [...]

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On the night of July 20, 2000, Katherine Christianson, Bryan Rivera, and two companions damaged or destroyed more than 500 trees at a United States Forest Service facility.  Was it a prank?  A dare?  A harvest for the thneed industry? No, Christianson and Rivera were members of the eco-terrorist group Earth Liberation Front, and their target was the Forest Service’s genetic-engineering [...]

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Many people value certain environmental resources even if they have never actually visited or “used” those resources.  For example, a person might assign what economists call “nonuse values” to the Grand Canyon, the Great Barrier Reef, or a particular endangered animal species even if she has never hiked the Canyon, gone scuba diving on the [...]

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Since early 2008, there has been an interesting project in IP philanthropy.  At that time, the World Business Council for Sustainable Development (WBCSD) established an initiative called the Eco-Patent Commons.  Member companies of the Eco-Patent Commons are able to “pledge” patents from their portfolios which cover technologies that provide environmental benefits.  Pledging patents into the [...]

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I have a new paper on SSRN about the sentencing of environmental offenders.  The title is “Bark and Bite: The Environmental Sentencing Guidelines after Booker.”  Using date collected by the United States Sentencing Commission, I show that judges sentence below the range recommended by the federal sentencing guidelines in an unusually high percentage of environmental [...]

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Some legal commentators in recent months have questioned whether the Obama Stimulus Package will truly create green jobs for the American economy. See, for example, Morriss et. al., Green Job Myths. Here is some indication how to use those dollars so that they will actually create those jobs.  The following is a press release from [...]

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I just got back from a couple days at the University of Utah, where I was participating in a national conference on environmental crimes at the S.J. Quinney School of Law.  It was a terrific conference, and I was honored to be included among the many distinguished speakers.  But it was also among the more contentious academic conferences [...]

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My colleague Matt Parlow has a new article suggesting that real estate developers are becoming more sensitive to environmental concerns. The article, “Greenwashed: Developers, Environmental Consciousness, and the Case of Playa Vista,” appeared as part of a terrific symposium issue of the Boston College Environmental Affairs Law Review on “The Greening of the Corporation.” (The entire issue is [...]

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