ELS Connections

The New England School of Law Environmental Law Society Alum-Student Network.

Tuesday, January 31, 2006

The Wolf, the Gun and the Airplane

Many of you may already be aware of this, but Alaska has re-implemented its population control program for wolves. Essentially, this allows wolves to be shot from the air to shrink their population and increase moose and caribou populations.

The article states in part that:
[t]he program, intended to boost moose and caribou populations in five areas of the state, got its start in 2003 in an area of Alaska's Interior where residents had long complained predators were killing too many moose, leaving too few for food. In an emergency meeting Wednesday, the board scrapped its existing regulations and created new ones that list alternatives it considers unfeasible, primarily because they are expensive. The board will seek to make the new rules permanent at a regular public meeting in March.

This is really just one example of intervention for population control. Do you think that humans should be intervening? What if humans created the unbalanced situation? Does the fact that the people in the area use the moose and caribou for food factor into your opinion? Should alternatives be considered infeasible due to costs or should that not matter?

Feds May Say "No Climate Change", Mayors Disagree

The Bush Administration may have taken a stance of questioning whether "climate change" is real, but more than 200 mayors across the US have pledged that their cities "will work to reduce fossil fuel emission levels and consider other measures to address environmental impacts." (Mayors Across U.S. Rally For Environment.)

The Mayors Agreement commits cities to:

  • Strive to meet or beat the Kyoto Protocol targets in their own communities, through actions ranging from anti-sprawl land-use policies to urban forest restoration projects to public information campaigns;
  • Urge their state governments, and the federal government, to enact policies to meet the greenhouse gas emission reduction target suggested for the United States in the Kyoto Protocol - a 7 percent reduction from 1990 levels by 2012;
  • Urge the U.S. Congress to pass the bipartisan greenhouse gas reduction legislation, which would establish a national emission trading system.


These mayors seem to mean it: City crafting broad plan to improve livability. And in Utah, Cities better on environment than feds, Rocky tells mayors.

So, I have three questions.

1. If you read the first article above, one St. Louis-area mayor says he's concerned, but thinks there's little to be done at the local level. Is he right?

2. How can this agreement be effective? It's certainly not enforceable or anything, so, it's a declaratory document, an expression of intent and consensus. What's going to happen when or if different communities fail their Kyoto goal, not from an enforcement perspective, but from a motivating perspective? No one can be held to this agreement, though they certainly can be shamed. Will they give up after a year and walk away?

3. Taking a Boston-centric approach: What might public commitment to such an agreement do to, say, future transit plans for the Boston area? (Note: Governor Mitt Romney withdrew Massachusetts from the Regional Greenhouse Gas Iniative (RGGI) in mid-December, but the state legislature will be introducing language to bring Massachusetts into compliance anyway. Not to mention, Mayor Menino has signed on to the Mayor's Agreement.)

The home of the agreement is here, and the text is available here (PDF), and lastly, a list of the current signatories: right here.

It'll be very interesting to see how this unfolds.

Monday, January 30, 2006

National Environmental Opportunities

I hope the links to these opportunities transfer. I received this list from the National Association of Environmental Law Societies of which NESL is a member. If anyone is interested in the study abroad program, I went last summer and would be happy to talk to you about it.

NAELS OPPORTUNITIES
16TH ANNUAL CONFERENCE

From March 8 – 12, 2006,
NAELS will hold its 16th Annual Conference in sunny Gainesville, FL.
The Conference, titled In Fairness To Future Generations, will feature Robert Kennedy, Jr., Former EPA Administrator Carol Browner, and famed oceanographer Sylvia Earle.
The Conference will be held in conjunction with the University of Florida ELS & the 12th annual Public Interest Environmental Conference (PIEC).
  • Host the 2007 NAELS Conference: [Link]
  • Run for the NAELS Governing Board [Link]
  • Host a State Summit in 2006-2007 [Link][Pace Summit]
CAMPUS CLIMATE NEUTRAL OPPORTUNITIES
  • Join NAELS on the Virtual March to Stop Global Warming & Host a "What's So Funny About Global Warming" Watch-In - Laurie David of the Virtual March to Stop Global Warming has offered free copies of the TBS Comedy Special Earth 2 America for ELSs interested in hosting events.
  • Help Your School Join the Campus Climate Challenge - Work with Energy Action, a coalition of student groups, to reduce GHG emissions at your school.
  • Coming Soon: NAELS/PIRG Energy Research Projects & Speaker Events - NAELS is looking for interested students to work with the State PIRGs on a series state climate change law and policy events & research projects to explore in MI, OH, SC, TX. E-mail the NAELS Executive Director, Dan Worth, at dworth_99@yahoo.com for more information.
  • SUMMER OPPORTUNITIES
    OTHER OPPORTUNITIES
    • Write for the NAELS Newsletter: Send submissions to Stephen Janasie, at sjanasie@kentlaw.edu, by February 28, 2006.
    • American Bar Association - Section on Energy, Environment, and Resources (ABA-SEER)
      • ABA-SEER Renewable Energy Committee: Monthly telecasts & meetings
      • ABA-SEER Environmental Sciences Series
      • ABA-SEER Environmental Impact Assessment Committee
      • Join ABA-SEER
    • Environmental Law Institute
    OTHER EVENTS (Calendar)

    Sunday, January 29, 2006

    Point of no return on global warming???

    http://www.msnbc.msn.com/id/11079935/

    This is an MSNBC article on global warming. It pretty much states that the current issue isn't whether global warming is taking place but whether we are reaching the 'tipping point'. How much more greenhouse gases can we put in before we can no longer correct the problem?

    I find this interesting considering the DC circuit case that recently ruled that global warming wasn't established yet and the current administration's stance that it's not happening at all. At the same time if CO2 is the culprit but sulfates cool, I know this may sound simplistic but why not emitt things to counter act the problem? Then again if we do that then greenhouse gases would just keep being emitted. A vicious cycle either way huh?

    I am just surprized that more practical solutions haven't come forth yet. Any ideas? Other than the 'wear sunscreen' and so forth.

    Saturday, January 28, 2006

    The future of wind energy... Wall Street

    I found this article from a Boston attorney that discusses the ways to finance wind energy projects. It shows a hopeful future including the current use of Federal tax credits and state programs (ex. Clean Energy States Alliance, developed by the CLF). Similar to the goals of the Apollo Project, this article shows how environmentally beneficial ends can be achieved not through any traditional environmental advocacy, but by getting financial big-wigs on board with the economic benefits of wind energy. The article even mentions Wall Street!
    Read at:
    Financing Wind Energy Projects in the U.S.

    Friday, January 27, 2006

    CA Goes After Second-Hand Smoke

    California Classifies Second-Hand Smoke a Toxic Risk

    CA's Air Resources Board "voted Thursday to classify second-hand tobacco smoke as a 'toxic air contaminant,' a first-in-the-nation move that could ultimately toughen state regulations against smoking."

    California's Office of Environmental Health Hazard Assessment estimates that as many as 5,500 non-smoking Californians die annually of heart disease related to second- hand smoke and as many as 1,100 die from lung cancer caused by second-hand smoke.


    Will Massachusetts be next?

    Wednesday, January 25, 2006

    Will quotas save global fisheries or are we just privatizing the resource for the select few?

    I was recently in Alaska, when I discovered this article in the Anchorage Daily News:

    Communities adjust to reality of crab rationalization
    ANCHORAGE, Alaska (AP) - Residents of small Alaska fishing communities are dealing with the hard economic realities that have come with the first wave of federal crab rationalization.
    The management plan was touted as a way to end the frantic race for crab on the high seas by assigning quota shares to harvesters and processors. In communities like Kodiak and King Cove, officials said the economic impact continues to be brutal, with the loss of jobs and business in their communities.
    "When they went from 250 to 88 vessels in one year, that's not a reduction. That's a collapse. That's a wipe-out," said Kodiak Borough Mayor Jerome Selby.

    For more information see Communities adjust to reality of crab rationalization

    Crab is one of the few species of fish that has now been placed under a quota system, changing the fishery from once open access to now a privatized industry where fishermen are allocated a quota share (Individual Transferrable Quota). The ADN uses the term "rationalization" but my understanding is that they are discussing the current quota system.

    I am aware that quota systems have been effective in restoring fisheries from the "tragedy" of open-access, but I am concerned with the economic downturns such as that mentioned above. Is there a way we can protect our ocean's resources while protecting our fishermen as well?


    Mercury -- Not Just In Old Thermometers Anymore

    I pulled this from the latest Conservation Law Foundation newsletter. It highlights the politics behind protecting the environment and public health and the need to NOT take baby steps.

    New Hampshire Legislature Allows More Mercury Pollution
    CLF Demands Protections for Public Health and Water Bodies

    In a blow to public health and New Hampshire's air quality, the New Hampshire House of Representatives killed a bill passed last year by the Senate that would have required reductions in mercury emissions from coal-burning power plants by approximately 50 percent by 2009 and 80 percent by 2013. Instead, the House has taken up a new bill -- negotiated with PSNH -- that does not require interim mercury reductions, with no reductions required before 2013. Instead, this bill calls for sulfur dioxide emissions reductions through a well-known technology that will also reduce mercury emissions.Though supporting lawmakers' efforts to reduce dangerous mercury pollution, CLF is urging New Hampshire to pursue bolder action by setting more stringent mercury reduction targets and tightening deadlines for implementation. The new proposal would allow substantially more mercury to be released into the environment over a longer period of time, and would allow inter-pollutant trading of mercury credits for sulfur dioxide credits. CLF is also calling for a careful analysis of the economic benefits of installing pollution controls as soon as possiblefor rate payers. Based on CLF's preliminary analysis, New Hampshire rate payers would save significantly if sulfur emission controls are installed by 2009-2010. These economic savings must be considered along with the public health and environmental benefits from reducing mercury and sulfur dioxide emissions. New Hampshire lakes have some of the highest levels of mercury in the nation. Mercury pollution contaminates water bodies and builds up in organisms, working its way up the food chain as humans consume the fish living in polluted water bodies. Aneurotoxin, mercury is especially dangerous for developing fetuses and young children. Even low levels of mercury exposurecan lead to neurological damage in children -- including effectson motor skills, learning capacity and memory.
    Read more about mercury pollution at:http://ga0.org/ct/odqvh691emPK/

    Saturday, January 21, 2006

    I think the time of Edward Abbey has come and gone

    So I noticed as part of our readings that Edward Abbey was a potential author we might cover over the course of the semester. I have read both Desert Solitarie and the Monkey Wrench Gang, and I can honestly say that I dislike not only his writing style but the propositions set forth in his books. [Despite of course the sexism that is oh so prevalent]. For example, I remember distinctly at one point in Desert Solitarie (I think) Abbey ponders on whether he has the survival instinct necessary to survive in the wild, without food or other man-made necessities. He needs to know if he has the drive to kill when necessary, strictly from instinct. To see if he can accomplish his task, Abbey hunts down and kills a rabbit with a rock - proving to himself that he has what it takes. Well, I ask you Abbey, is there anything perhaps that distinguishes what you consider to be your basic survival instinct from that of the rabbit, perhaps rational thought?

    Oh and by the way, I'm excited that when I drive to Arches National Park with my parents, they are able to see some of the arches from the car [being that my dad is disabled]. I don't think that the world's most pristine environments should only be accessible by the select few. Thoughts?

    I thought a few of you might be interested in this...

    I came across a judicial clerkship involving American Indian rights. It's through the National Tribal Justice Resource Center. Darrin, this might be right up your alley. For more information concerning the clerkship, please see Mashantucket Pequot Tribal Court: Judicial Law Clerk.

    Friday, January 20, 2006

    For Job and Internship Opps, try eco.org

    A friend just reminded me that students should have eco.org on their favorites list and visit it frequently to find out about internships -- yes, even paid internships -- and other opportunities for environmentalists. Right now, for example, a Jan. 31 deadline is looming for a Fish and Wildlife internship, and there are further deadlines coming up behind that one. Check it out.

    Friday, January 13, 2006

    Environment meets Religion meets snowboarding

    I just caught this off of MSNBC home page.

    http://www.msnbc.msn.com/id/10836594/

    A ski resort has been authorized to recylce waste-water into fake snow. This way they can expand their resort. Well, besides some health questions, there is also where they want to put the snow, on some mountains that are sacred to not only the Navajo but several other Native Tribes. The judge has ruled against the Native Tribes. They plan to appeal.

    But this is an interesting point, I wonder if the judge would have okayed the program on a site sacred to Islam, Judaism, or Christianity. Would this be a different type of Environmental Jusitce?

    Thursday, January 12, 2006

    Water as Commodity

    "I don't think we should treat water as a commodity."

    That's the quote at the end of a Boston Globe article on the MWRA considering selling surplus water, Agency seeks to sell surplus water. The co-director of the "watchdog agency" Water Supply Citizens Advisory Committee said she thought that the surplus water should not be sold to service a debt, and in fact, that it should not be treated as a commodity.

    So. Do we pay for water, or water delivery? Doesn't water belong to everyone already? Is it a commons? Is water held in the public trust? Is it so precious that to commodify it is a moral wrong? Might different approaches be more applicable in rural v. urban contexts?

    Climate Change and Frogs

    Climate-Change Fungus is Wiping out Frogs

    The article describes the decimation of frog populations in Costa Rica, allegedly "the first clear evidence that widespread extinction is taking place because of global warming."

    The health of frog populations in a region is generally considered a key indicator of the habitat's health. (Check out Frogwatch or Frogwatch USA for a brief rundown of why.)

    In this case, warmer temps led to greater cloud cover, which was just what this particular fungus needed to thrive.

    What are the indicator species in New England, how are these canaries in our coal mine faring, and what does it mean for us?

    Thursday, January 05, 2006

    Malignant Design Anyone?

    I recently finished reading Daniel Quinn's novel Ishmael. The premise was how humanity has created cultural myths to essentially justify civilization - or "how things came to be this way." In the same vein, ways of life that either are in harmony or dischord with nature were said to have parted ways in the Euphrates River Valley when humanity became Homo Sapiens Sapiens (actually Latin for "very wise man") or more modern.

    While reading and researching, I came across a few references to Noam Chomsky. You may be wondering how I made the leap to an Intelligent Design article but here's the logic: Noam proposes 'malignant design' - signs that we're headed toward environmental catastrophy.

    Here is the article: http://www.chomsky.info/articles/20051006.htm

    Thoughts?

    Sunday, January 01, 2006

    Administrivia: Blog Charter and Guidelines

    NESL Environmental Law Society Blog Charter

    The purpose of this blog is to provide a community forum for the environmentally-minded among NESL alums and students. New England School of Law has an active Environmental Law Society that aims to develop and promote programs for students interested in environmental law as a career and for those generally interested in environmental issues.

    Our hope is to share our environmental issues and concerns where we can collectively address key environmental law issues, focus awareness on the legal and policy management of these issues, and provide advocacy on the local, state and federal levels through sponsorship, participation, education, and networking.

    We encourage participation through posting blog notes, facilitating discussion boards, and mingles. Dates for gatherings will be posted as they develop.

    Posting Guidelines for Our NESL ELS Blog Members

    Posts on environmental law, science or policy are particularly welcome, as is any article or comment in line with the Society's environmental focus. The environment is a broad topic, so don't be afraid to bring up something with a convoluted connection to environmental concerns, so long as that connection is reasonably clear in your posted article or comment.

    Environmental issues are matters not only of great breadth and depth, but capable of stirring great passion as well. Please post courteously. "Flames" will be deleted.

    Questions? Comments? Suggestions?

    Please direct information on advocacy opportunities, suggestions for mingles, etc., to Elizabeth Kadlub of the NESL Environmental Law Society, at elkadlub@yahoo.com.

    Please direct any technical or "how-to" questions about joining the blog, making posts or comments, using Blogger in general, etc., to Sidra Vitale, at sidra@vitale.net. (Please note that this blog is hosted by Blogger.com. NESL staff, students, and the ELS do not run or maintain Blogger, or the servers used to host Blogger blogs. We will not be able to respond to reports of the Blogger service going down, were it to do so.)

    Thank you, and welcome to the NESL ELS Blog!