Lisa Jackson for EPA: a dissenting voice?
December 20, 2008
I haven’t commented yet on Steven Chu, Lisa Jackson and the rest of Obama’s energy & enviro team because I just can’t wrap my arms around what would make my hosannas that much more worthy of your limited eyeball time than anyone else’s. In all honesty, though, I do have some reservations about Ms. Jackson, based on my published study of New Jersey’s program designed to remediate brownfield sites. See vol. 34 of the Fordham Urban Law Journal from 2007 if you are curious. My principal source for some background info for that article, Bill Wolfe of Public Employees for Environmental Responsibility (PEER), strongly opposes her, for reasons some of which are described in my article. Note this as one example: “The state hazardous waste clean-up program under Ms. Jackson was so mismanaged that the Bush EPA had to step in and assume control of several Superfund sites.”
I’m going to go back and look a little more closely than I did at the time at specific persons and offices who bore responsibility for the mess in the NJ brownfields program (the quote above refers to the Superfund program, designed for the more contaminated sites). If anything, I might get some clues about a post-Bush EPA. My gut instinct, based on other appointments (Solis, Chu, Holdren, Lubchenco, etc.), is that the transition team is so focused on reversing eight years of climate change policy that other priorities may have been crowded out. I also think that Carol Browner had a lot to do with this nomination; Jackson worked in her EPA.
PEER argues that even in the area of climate change, New Jersey is not a shining beacon on the hill. As I told my Law of Global Warming class, and as PEER rightly observes, NJ missed out on the first RGGI greenhouse gas auction because it could not get its regulatory act together.
Maybe Mary Nichols of the California Air Resources Board would have been a better choice. I hope I am proven wrong.
A “must-read” on Obama and the inauguration controversy
December 20, 2008
I don’t use that term often. Heck, we read so much (Google Reader alone throws 100+ items my way each day, not to mention the NYT, new books, etc., etc.) that it’s really hard for anything to stand out from the pack.
But this jumped out at me. Don’t get me wrong: I am no more thrilled than my LGBT friends at the choice of Rick Warren, but let’s not trap Obama from day one with the political noose others have used on Democrats for my entire lifetime.
“Midsummer in December”
December 15, 2008
We attended the magical one-off production of “A Midsummer’s Night Dream” by Richmond Shakespeare tonight. An all-star cast of Richmond theater read Shakespeare’s trippy play from music stands accompanied by a minimum of props, and the overall feel was something akin to a sneak peek at a final rehearsal. However, with direction by Andrew Hamm that made maximum use of the crowded stage and the omnipresent stands, and added reality show-like narration, the production was far more magical than a simple reading and more like a festive private performance in a parlor. Which, come to think of it, ’twas, except with an audience of about 50 in the august surroundings of Second Presbyterian Church’s chapel.
Characters raised and lowered the stands, crouched under them, and moved among them to create comedic effect. And hearty laughs were easy to come by. Scott Wichmann was the best ass in town as a hee-hawing Bottom, and his wildly over-emoting Pyramus stole the show of the play within the play. The ever sparkling, sexy, and saucy Liz Blake got every ounce of outrage from the play’s jokes at Hermia’s small stature. Frank Creasy and Daryl Clark Phillips, two RS vets who simply define “presence” on stage, lent heaps of gravitas, sometimes faked, sometimes real, to their dukely and lordly roles. Joe Carlson was a whirling dervish of a Puck — the character who moved about perhaps the most — drawn somewhere between rake and imp. Joe’s new to RS this year but won a deserved RTCC nomination for his Pistol in Henry IV, and he was sterling in Hamlet. Another fine graduate of the excellent VCU program! And I think it was local critic and player Harry Kollatz in his trademark hat as the full of himself leader of the hilarious band of players. I didn’t catch who played Helena (there was no program) but she was undoubtedly the best at conveying the full range of a lover, from come hither seduction to showing displeasure at being spurned.
In the festive spirit, a few flubbed lines, crashes into music stands, and hiccups in timing were smoothed over and laughed off brilliantly. (After the show, Frank told us there had been only two rehearsals.) Grant Mudge’s ad lib, “It’s hard to get good help around here,” was memorable. And Cynde Liffick’s Titania swooning over Bottom, . . . well let’s just say words won’t do it justice.
Here’s hoping that this “Midsummer” becomes an annual enchanting midwinter diversion!
In memory of Bob Shepherd
December 11, 2008
My colleague and friend Bob Shepherd passed away today after a long illness. He came to Richmond Law in 1978, well before I did, and was already a legend at the school by the time I arrived. He was a tireless advocate for children, and was nationally known for his work. He was a lion of the law school, one of those in every workplace without whom going on would simply not seem possible. Revered by students and faculty alike, he was an intelligent, thoughtful, and convivial educator, colleague, and friend (even if he did persist in a quixotic quest to promote the fortunes of the Baltimore Orioles). He will be sorely missed.
Sigh of relief, EPA version (no dirty air rules)
December 11, 2008
I’ve been watching the Federal Register each day like a hawk, waiting for the EPA to drop its holiday lump of coal (pun definitely intended): two rules to relax New Source Review air permitting requirements and allow more pollution near national parks.
Looks like the EPA has abandoned that plan. As it was past Nov. 20, the incoming Administration could have rescinded any rules before they took effect (60 days’ notice was required for major rules of this sort), so anything dirty parting gift on the EPA’s part could have been returned to sender. But it is nice to know they aren’t trying the midnight rule approach on this one to begin with.
Policy snapback on global warming
December 10, 2008
AP: “former New Jersey Department of Environmental Protection commissioner Lisa Jackson and Mary Nichols, who heads the California Air Resources Board, are in the running for the EPA administrator post. Both women worked at the EPA under Clinton EPA chief Carol Browner, who is leading the energy and environmental policy team for Obama’s transition.
Browner, who ran the agency for 8 years, is expected to be named to a new position in the Obama White House overseeing energy, environment and climate matters.” Later: we learn that position may be as head of a new Climate Council.
I continue to be impressed at how President-elect Obama is filling out his team with many who represent a sharp break from the past . . . with Shinseki, Browner et al. he is sending a message that things are going to be the polar opposite of the policies of the past eight years.
WiFi in Beijing — part 2
December 3, 2008
I like Native Beijing because you can order results by proximity to your current location. A search of wifi near the place I’m going to be living produced the aptly named Beer Mania as the closest location. I’m just saying . . . sounds like a good omen.
Transition To Green report
December 1, 2008
This past week, nearly 30 environmental, science and conservation groups presented their top environmental policy recommendations to President-elect Obama’s transition team. The 391-page document, called “Transition to Green,” sets forth recommendations for key federal agencies on a wide variety of environmental issues, including land, air, water, oceans and public health.
Transition to Green is an extraordinary collaboration among groups with millions of members. Most recommendations are listed twice — within “issue” groupings of similar actions and then in agendas for “The First 100 Days” that are meant to guide immediate action.
Even a small part of the document, dealing with recommendations for the EPA, will give an idea of the sweeping change called for. Recommendations listed under “ISSUE 2 /PROTECT AMERICANS AND OUR ENVIRONMENT AGAINST THREE OF THE MOST DANGEROUS FORMS OF AIR POLLUTION: FINE PARTICLES, SMOG, AND TOXICS SUCH AS MERCURY” call for the EPA to reverse damaging Bush administration policies on New Source Review and SOx/NOx pollution and junk any (expected) eleventh-hour rules made under the Clean Air Act.
There are numerous recommendations listed under “ISSUE 4/REDUCE EMISSIONS QUICKLY AND DEEPLY ENOUGH TO AVOID THE WORST EFFECTS OF GLOBAL WARMING,” as one might expect, including “Comply with Landmark Supreme Court Ruling” (Massachusetts v. EPA), “Reduce Global Warming Emissions from Cars and Trucks,” “Require New Power Plants to Factor in Global Warming” (an outgrowth of the Deseret Power EAB decision I wrote about last week), “Reduce Global Warming Emissions from Power Plants,” “Reduce Global Warming Emissions from Fuels,” “Announce Principles for Comprehensive Global Warming Legislation,” “Enact Comprehensive Global Warming Legislation,” “Reduce Global Warming Emissions from the Transportation Sector,” “Support EPA Voluntary and Complimentary [sic] Programs,” and “Support EPA Research Funding.”
None of these are surprising (all have been discussed at length in blogs and other media), but still, I’d say the new EPA Administrator will have his/her hands full.
