ELS Connections

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

Monday, July 31, 2006

Donating Land To the State

A nonprofit conservation group has bought 66 acres of the Los Cerritos Wetlands in Long Beach and donated the property to the state, the first success in a decades-long attempt to buy and restore the entire 400-acre marsh and protect it from further development.


Read the rest. Quite interesting. I wonder, though, if the donation came with any strings on the state's uses of the land?

(There's a photo-tour of the bike trail from the San Gabriel Mountains down to the ocean here. I used to bike along a stretch of this myself, when I lived in the area.)

Wednesday, July 26, 2006

Global Warming Bill

The Boston Globe reported Saturday that Senate Majority Leader Frederick Berry is blocking passage of the Global Warming Bill . Mass. Climate Action Network says Senate President Robert Travaglini has the power, despite Berry’s request, to schedule a vote on S2516 -- and that a majority of Senators have said they would vote for the bill.

The State legislature finishes its session next Monday, July 31, with all remaining bills dying, and won’t return until January 2007.

Boston Globe Editorial, 7/22/06
Joining the regional Kyoto accord

Eight states in the Northeast, from Maine to Maryland, have agreed to fight global warming by putting a cap on the carbon-dioxide emissions of their power generators. Massachusetts, one of the organizers of this mini-Kyoto, withdrew from the pact at the last minute because of objections from Governor Romney, who feared its effect on electric rates. Now the Legislature has before it a bill that would include the state in this regional greenhouse gas initiative, but opposition from the Senate majority leader, Frederick E. Berry of Peabody, has stalled its progress. [emphasis added]

Berry, who could not be reached for comment yesterday, has told the Salem Evening News that he is concerned that passage of the bill, which would cap carbon and allow generators to bargain for allowances to emit it, could hurt the city of Salem. Salem is the site of a large coal-burning power plant owned by Dominion, a Virginia-based electric-generating company. At a time when New England's power demand is nearing its capacity, it is unlikely that even a cap on carbon could lead to the closure of an important generator like the Salem Harbor station, though the cap could reduce Dominion's profit margin. On the other side of the ledger is the importance of states like Massachusetts and the other members of the initiative showing the nation and the world that concerted action against greenhouse gases is possible. The pact commits states to reduce their utility emissions by 10 percent by 2020.

While Romney has worried about the plan's impact on rates, his own Division of Energy Resources did a study showing rates could actually go down if proceeds from emission allowances are invested in renewable energy and conservation. The Legislature should approve this bill.

Tuesday, July 25, 2006

Tenant Pays for Agency Delays

The recent Trends newsletter published by the ABA environmental section highlighted Jaasma v. Shell Oil Co. 412 F.3d 501 (2005). The landlord leased the property to Shell with a remediation clause that upon termination of the lease, the property would be restored to its original condition.

The New Jersey Dept. of Environmental Protection was notified after contamination was found from a leaking tank. Shell remediated the site. However, it was over two full years later that the NJDEP isssued an NFA (no further action) letter. The landlord sought damages from the tenant for two years of unmarketability.

The lower court held that damages were not cognizable. Yet the Third Circuit ultimately held, even a clean sampling will not prevent damages assessment for agency delays outside party control.

Moral of the story?

Thursday, July 20, 2006

Court's 2006-2007 Docket

Includes Environmental Defense, et al. v. Duke Energy Corp. (The 4th Circuit's June opinion has a nice little overview of the CAA.)

and,

Massachusetts, et al. v. Environmental Protection Agency, et al.

Examine the complete list.

Predictions, anyone?

Friday, July 14, 2006

Silver Line Press Conference, July 17th, close to NESL

I know that the Environmental Advocacy class last year worked on the Silver Line issue. Since some of you might still be checking this blog, there is a press conference where Washington Street Corridor Coalition's Bob Terrell and other community groups opposing the project (including Emerson College) will gather to discuss the project developments. Since you're well acquainted with this, you might find it interesting:

What: Press conference organized by Washington Street Corridor Coalition to voice opposition to the Phase III Silver Line proposal unveiled by the MBTA on March 9.*

More than 20 organizations opposed to the proposal will be represented.

When: 8:45 AM, Monday, July 17, 2006

Where: Eliot Norton Park on Tremont St., near intersection of South Charles St., diagonally across from the Wang Center. (Rain location: Emerson College, Bill Bordy Theater, 216 Tremont Street, across from the Cutler Majestic Theatre)

Tuesday, July 11, 2006

Risking Pollinators

The Vanishing [Bee]

Very interesting article on beekeeping in America, their importance as pollinators for crops, and their slow decline, in part due to pesticide use.

Monday, July 10, 2006

Gubernatorial debate on the environment

I am definitely going to this- July 12th at 7pm, MIT:

Gubernatorial Debate on the Environment

Thursday, July 06, 2006

Climate Change College

article at Treehugger.com about the project

Climate Change College. In the FAQ, Ben & Jerry's describes the project as "a unique interactive partnership between an NGO, business and polar exploration team." This year's participants will be drawn from the UK, the Netherlands, Ireland, and Germany. Students do Arctic research (on-site!!) and get advocacy training both online and at a weekend conference. They become ambassadors for the WWF, especially the PowerSwitch campaign, which promotes use of renewable energy.

Diesel plant proposed for Chelsea

The same company that is behind the Cape Wind project wants a diesel-powered plant in Chelsea (1/2 mile from an elementary school)- an interesting environmental justice issue:

Energy Management Inc. pitches Chelsea plant

Wednesday, July 05, 2006

DDT and child development

Although banned in the US, DDT is still used in developing nations. According to the BBC|News, a recent report indicates child development problems associated with exposure to the pesticide, already linked to low birth weight and premature birth.

The researchers tested the mental and physical skills of the women's babies at six, 12 and 24 months using established tests to measure the children's development.

For each tenfold increase in DDT levels measured in the mother, the team found a corresponding two to three-point decrease in the children's mental development scores at 12 and 24 months.

Children with the highest DDT exposures in the womb were associated with a seven to 10-point decrease in test scores, compared to the lowest exposures.

When the children's physical skills were measured, there were two-point decreases in children's scores at six and 12 months for each tenfold increase in DDT levels in the mothers.


Malaria and mosquito control is a critical issue in many parts of the world. How do you conscientiously protect your population from malaria without damaging the minds and bodies of your youngest citizens?