ELS Connections

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

Friday, June 30, 2006

Jim Hansen in NY Review of Books

A well-written, eloquent article and a review of three books:

http://www.nybooks.com/articles/19131

Wednesday, June 28, 2006

Public opinion and the environment

I find these results somewhat encouraging:


http://www.pollingreport.com/enviro.htm

Tuesday, June 27, 2006

An Inconvenient Truth

I saw "An Inconvenient Truth" this afternoon.

Let me say the end first: go see it. Those of us who have lived with this data as it's been released over the years (ice cores, and glaciers, ocean currents and species migration), seeing all this at once may be personally overwhelming. It was for me.

That is not sufficient reason to avoid this film.

For those not already in the choir, I expect this film to be revelatory. The truths in it are inescapable: global warming is real, and we must do something about it. If you have family, tell them to see it. And make sure they do -- buy them a copy for Christmas when it's available. Make sure they sit all the way through it until the end, and read aloud the list of things we all can do to make a difference. And then go do them.

Gore clearly, and very plainly, links CO2 and temperature rise, explains how the greenhouse effect works, explains the importance of the polar ice caps to the engine of the Earth, demolishes the faux "debate" business in the modern media about climate change, and works his way methodically through a host of the impacts of human endeavor on this planet. Human beings are a force of nature, Gore calls us, and I think that's entirely accurate.

There is one thing that I thought demonstrated his target audience was more of a college-student level than older adults, and that was the sparse reference to parenting. I think bringing that closer to the fore might make sense. Because what parent wouldn't sacrifice for their child, so that they can have a better life than we do?

So, I'll close with a reference to the Roger Ebert review of "An Inconvenient Truth": "In 39 years, I have never written these words in a movie review, but here they are: You owe it to yourself to see this film. If you do not, and you have grandchildren, you should explain to them why you decided not to."

Monday, June 26, 2006

Poker time and we're "All IN" on Global Warming at SCOTUS

Just got this from the MSNBC home page. But I imagine it will be on all the news channels. Gore will get to do the talk show circuit again, and scientist will get to be on tv.

http://www.msnbc.msn.com/id/13554243/

Basically, the SCOTUS has agreed to hear the Mass. v EPA case on carbon emissions under the CAA. I read the petition for appeal, and it's pretty narrow, but it could be huge. The EPA could ultimately be forced to regulate Carbon for everything.

So, my guess is, probably sometime in the fall or just after the election Congress will pass the "Carbon Regulation Act" or something, that does not do what it should and the case will be kicked somewhat for mootness. I just don't think that the 'powers that be' will take a chance on having EPA get to do the regulations.

But, that would mean the CA case on autos would probably go forward, depending on what's passed.

Tuesday, June 20, 2006

Carabell/Rapanos Decision

I haven't read the decision announced yesterday yet, but these are of course critical questions in environmental law: for the purposes of the Clean Water Act, when is a water a "navigable water"?

Justice Kennedy writes:

[W]etlands possess the requisite nexus, and thus come within the statutory phrase 'navigable waters,' if the wetlands either alone or in combination with similarly situated lands in the region, significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as 'navigable.' When, in contrast, wetlands’ effects on water quality are speculative or insubstantial, they fall outside the zone fairly encompassed by the statutory term 'navigable waters.'


[NB: I pulled this quote from SCOTUSBlog The blog's first note on the decision is here, and others follow the one from which I quoted.]

This is a very interesting, result-oriented approach to the definition. Rather than tackling a more positive definition of width or length or seasonality (i.e., does it dry up for part of the year), the Justice seems to be trying to avoid all that and instead ask, "what is the effect of this water?"

Thoughts? Predictions? Effects peculiar to Massachusetts or New England?

Thursday, June 15, 2006

Fossil Fuel Dependency Solved?

Hydrogen Technologies out of Clearwater, Florida has developed a system to turn H2O into HHO allowing a car to go 100 miles on four ounces of water. This is a video:
http://www.ebaumsworld.com/2006/06/waterfuel.html

Designated Port Areas

Here is something I've been working on this summer, and I find it very interesting.

There are 11 Designated Port Areas in Massachusetts (some of them are East Boston, Chelsea, Charlestown etc., they are designated by the Massachusetts Coastal Zone Management), and more info can be found here:

http://www.mass.gov/czm/coastlines/2003/c27.htm

On the one hand, I see the necessity for this (especially taking into account Boston's history as an industrial port city), but I also feel that it contributes a lot to the city being cut off from the ocean. I suppose that the idea behind this is to prevent high-rise luxury condos taking up waterfront space, but I wonder what are the chances of allowing more public access in these areas.

Bush Creates the Largest Marine Reserve

http://www.msnbc.msn.com/id/13300363/

Volunteer Opportunity

What are you doing July 8th? Life is Good is sponsoring their annual Watermelon Festival on the Boston Commons and is looking for volunteers. If you are interested, please go to their site at www.lifeisgood.com

Will Idling Engines Cease?

This article in the Boston Globe posits that if drivers idling for more than 10-seconds would turn off their engines, emissions will be reduced. Granted, that seems like a logical result, but will this "inconvenience" catch on?

Three Towns Urge Drivers to Shut Down Idling Engines

My first concern was addressed at the end of the article; more wear and tear on a vehicle's starter. It seems characteristic of any environmental issue to sit inconveniently between an opportunity for positive change (however small) and lack of practical implementation (cost) for either the individual or big business.

We can say, that it begins with the individual, that one person can make a difference, if we change our habits...now, if we can just change that electoral voting...

Tuesday, June 13, 2006

Polar bear extinction

Worrisome new data about global warming:
http://msnbc.msn.com/id/13288936/?GT1=8211






Friday, June 09, 2006

New Orleans is Leaking

Water leaking faster than city is using it, at the New Orleans Times-Picayune.

[New Orleans Sewage and Water Board spokesman] Jackson also said S&WB employees cannot enter private property without the owner's permission to fix a leak, even if water has flowed onto public ground. And he said some problems that may appear to be water board issues, such as sinkholes, may actually be the responsibility of the city streets or public works departments; those are referred to City Hall.


How to get around this? Less than half of New Orleans' residents have returned, or something like that. That's a lot of empty houses that might need traipsing across to fix a leak.

Saturday, June 03, 2006

Climate Change, Etc., Books

RealClimate offers reviews of three climate change-related books:
* Eugene Linden's The Winds of Change,
* Elizabeth Kolbert's Field Notes from a Catastrophe, and
* Tim Flannery's The Weather Makers.

Now that it's summer, I hope most of us have a little time for leisure reading -- why not add one of these to your list? Anyone have further recommendations or reviews?

I just read an article by Joel Salatin, written in 2003, on sustainable agriculture and the regulatory constraints a modern farmer operates under. Everything I Want To Do Is Illegal. I think it illustrates neatly the difficulty of adhering to a standard higher than the "floor" established by federal regulation.