Posts Tagged ‘environment’

Wildfires and land management litigation

No doubt the search for policy lessons from the catastrophic Southern California wildfires (N.Z. Bear, CBS8) is in its early stages, and no doubt multiple contributing factors will wind up being implicated. Many, though, recall the controversy that hit the front pages after disastrous 2002 wildfires in Arizona, when it was revealed that Forest Service attempts to reduce fire risk by clearing underbrush, installing firebreaks and permitting logging of excessive growth had been heavily litigated and delayed in court by environmental groups (Jul. 1-2 and Jul. 12-14, 2002). Just last month scientists testified that efforts to “step up tree removal efforts and prescribed fire programs” were needed to counter growing fire risk (Ben Goad, “Speed forest thinning to ease fire threat, experts say”, Riverside, Calif., Press-Enterprise, Sept. 24). Michelle Malkin and readers have a big discussion (Oct. 23; & welcome readers from there). More from CEI’s Hans Bader and Robert Nelson and again from Michelle Malkin (per L.A. Times report, brush clearance and forest thinning credited with saving homes around Lake Arrowhead).

Apple iPhone: environmentalists pile on

Everyone else is getting publicity by filing suits over the iPhone, so they may as well too: “Environmentalists have threatened to sue Apple if it does not make its iPhone a “greener” product or tell consumers of the toxins allegedly used in the device’s manufacture. The Center for Environmental Health (CEH), a campaign group based in Oakland, California, said that it would launch legal action in 60 days unless Apple took action.” (Rhys Blakely, Apple faces legal threat over ‘toxic’ iPhone”, Times Online (U.K.), Oct. 17; InfoWorld; ArsTechnica). The CEH is invoking California’s ultra-liberal Prop 65 toxics-warning law, on which see posts here, here, here, etc.

Town ordinances regulating house paint colors

Ethnic discrimination by proxy? “‘I believe controlling the color you paint your house is basically profiling the Hispanic community,’ said Elizabeth Villafranca, whose family owns a Mexican restaurant in [Dallas, Texas suburb] Farmers Branch. ‘We all know who paints their homes tropical colors.'” (Anabelle Garay, “Hispanics see red over proposal”, AP/Bryan-College Station Eagle, Oct. 10). More: Virginia Postrel weighs in.

“Judge tosses global warming lawsuit against car makers”

A major rebuke for former California AG Bill Lockyer and his successor, Jerry Brown, as well: “A federal judge in San Francisco today threw out a lawsuit filed by the state Attorney General’s office against the six largest automakers in what had been billed as a novel attempt to hold the companies financially liable for global warming. … U.S. District Judge Martin Jenkins said it would be inappropriate for the court to wade into issues pertaining to interstate commerce and foreign policy – matters that should be left to the political branches of government.” The judge’s order can be found here (PDF). (Henry K. Lee, San Francisco Chronicle, Sept. 18)(cross-posted from Point of Law).

Coyote’s environmental audit

You’d think it was for a nuclear waste plant, not a small pair of marinas on a Colorado lake (Aug. 16). If you’re going to store batteries in a shed, apparently you need to hang a sign saying “Batteries” on the shed (TJIC, Aug. 16). But then, “Colorado is one of the states I have to have a special license to sell eggs.”

P.S. And in the same vein, here’s Prof. Bainbridge being told by L.A. permits authorities that according to zoning records, his house does not exist (Sept. 12).

Steamed oysterers

Sort of like being paid for not planting corn? “[A]n oysterman here in the nation’s top oyster-producing state can make as much, if not more, collecting damage settlements from oil companies as from harvesting the bivalves themselves, according to a recent study by two Louisiana State University economists.”

“On average,” they wrote, “oyster leases generate a majority of their net income from non-oyster-producing activities.” Money “appears to flow to leases irrespective of their ability to produce marketable oysters.”

So lucrative is the potential payoff from the oil companies that there is almost certainly a lively trade among oystermen in the “speculative” leasing of otherwise unproductive water bottoms, Dr. Keithly and Dr. Kazmierczak [Walter R. Keithly Jr. and Richard F. Kazmierczak] concluded.

Indeed, speaking on condition of anonymity, one of the major “landmen” — middlemen who negotiate between oystermen and oil companies — agreed that some fishermen deliberately leased bottoms in harm’s way, in order to collect from the companies.

The New York Times says the “oyster community” in the Pelican State is infuriated at the report and calls it false. (Adam Nossiter, New York Times, Aug. 15).

Our earlier coverage of one bizarre excursion by the Louisiana courts into oyster-lease compensation is here, here, here, and here. The broadside The Oyster Girl, widely distributed in the English singing tradition, underscores the importance of watching one’s pockets when oysters are being traded.

Painting blue waves across town

Litigation or its threat really does seem to wind up as the ultimate deciding weapon in all sorts of controversies, including whether the city of Santa Barbara can install a temporary public art project aimed at raising alarm about global warming. (Instapundit, quoting James Q. Wilson, Aug. 28; Steve Chawkins, “Property value worries sink Santa Barbara art project”, Los Angeles Times, Aug. 26).