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Monthly Archive for August, 2010

by Karl Coplan An interesting article in today’s New York Times reports that lenders are increasingly wary of lending money to environmentally destructive activities such as mountaintop removal mining and tar sands oil extraction. Responding both to public pressure by environmental groups and to fears of liability, some lenders have withdrawn from financing these activities, […]

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by Ann Powers When my environmental law students want to load their schedules with environmental courses and skimp on the more traditional bread and butter ones, I tell them that lots of environmental cases are decided on non-environmental issues. While it is often administrative law that controls, here is a case that revolves about basic […]

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by Christopher Rizzo In June 2010 both the New York State Assembly and Senate passed the “Smart Growth Public Infrastructure Policy Act.” The Assembly’s vote was nearly unanimous, 138 to 2.  On August 18, 2010 the Assembly delivered the bill to Governor Paterson.  He should sign it. Smart Growth, at its most basic level, refers […]

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by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School More than thirty years ago, in NRDC v. Costle, 568 F.2d 1369 (D.C. Cir. 1977), the U.S. Court of Appeals for the D.C. Circuit held that the EPA lacks authority to categorically exempt point source discharges from […]

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Pace Energy and Climate Change (PECC) staffer Wiliam Petland and I are doing a major paper on geo-engineering, documenting the very serious  risks to the planet of changing the earth’s atmosphere and oceans, the undermining through promotion of geo-engineering of the vitally necessary steps that need to be taken by the international community for mitigation of  greenhouse gas emissions […]

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by Karl Coplan Section 303 of the Clean Water Act directs states to adopt water quality standards for waters located within the state.  “Water quality standards” consist of two parts: a designated use for each water body, and water quality criteria establishing the water quality parameters necessary to support the designated use.  These water quality […]

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by Karl Coplan The New York Times reviewed two books about climate change yesterday,  “The Climate War,” by Eric Pooley, and  “The Weather of the Future,” by Heidi Cullen. “The Climate War” tells to story of the unsuccessful political battles to get Congress to tackle climate change, while  “The Weather of the Future” makes predictions […]

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by Sara Vinson In the absence of an effective environmental tribunal, India’s Supreme Court has established a “green bench” within the Court. The bench was created about fifteen years ago, and has since issued many judgments and orders aiding in environmental conservation.  Now, Chief Justice Kapadia has announced the creation of a second “green bench” […]

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