A Surge in Lawsuits Challenging E.P.A. on Climate

To combat the increase in greenhouse gases being released into the atmosphere, the federal government regulates individuals' and companies' output of heat-trapping gases like carbon dioxide. Conversely, litigation against the federal government on this topic is on the rise. A new report by DB Climate Change Advisors says the largest increase in litigation has been in the area of challenges to federal action, specifically industry challenges to proposed E.P.A. efforts to regulate greenhouse gas emissions.

This shows the catch-22 that can happen with government regulation. The government regulates a behavior that it considers harmful to the welfare of the general public, in this case the emission of greenhouse gases. But if this regulation is unreasonable, the government can be the subject of mass discontent and legal action. It is necessary for the federal government to use regulation not as a mode of punishing others, but as a tool to encourage more positive behaviors.

http://green.blogs.nytimes.com/2010/11/03/a-surge-in-lawsuits-challenges-e-p-a-on-climate/?scp=7&sq=regulation&st=cse

By Stephanie Doctrow

Is Obama Soft on Environmental Crime?

A permanent cement plug sealed BP's well nearly 2.5 miles below the sea floor in the Gulf, five agonizing months after an explosion sank a drilling rig and led to the worst offshore oil spill in U.S. history. We have all heard about the BP oil spill on April 20 in the Gulf of Mexico that leaked 206 million gallons of oil and killed 11 workers; however has anyone heard of what is being done to clean up all the damage. There has been much speculation as to what the proper procedure Obama should take in order to do the job and punish the ones responsible. Right now the EPA is under staffed by nearly 40 Investigators for the Criminal Investigation Division (CID). They are the ones responsible for investigating the most serious environmental crimes and corporate pollution offenses. The U.S. Pollution Prosecution Act of 1990 requires a minimum of 200 CID agents, right now there are only 140. If Obama wants to take the right step at fixing this problem, the CID needs “leadership that helps rather than hinders its special agents in making busts that stick.”

Rebecca Jania

http://environment.about.com/b/2010/09/13/is-obama-soft-on-environmental-crime.htm