CPR Archive for Robert Verchick

Senate's Confirmation of Gina McCarthy as Head of EPA a Welcome Development

by Robert Verchick | July 18, 2013

The Senate's confirmation of Gina McCarthy as head of the Environmental Protection Agency is a welcome development and a signal that Congress and the President are willing to get serious about the Agency's role in protecting the health of all Americans and the affects of climate change on the environment. It won't be easy. Lawmakers seem divided on nearly every issue in this debate. In the past EPA's efforts to protect the environment and public health and safety ...

Robert Verchick Reacts to Congressional Letter on OIRA Delays

by Robert Verchick | June 06, 2013
Late Tuesday afternoon, Senators Sheldon Whitehouse (D-RI), Tom Harkin (D-IA), Ben Cardin (D-MD), and Richard Blumenthal (D-CT) and U.S. Representatives Henry A. Waxman (D-CA) and Ed Markey (D-MA) sent a letter to White House Office of Management and Budget Director Sylvia Burwell urging her to take "prompt action" to implement rules and regulations held up at the Office of Information and Regulatory Affairs (OIRA). The letter notes that under Executive Order 12866, OIRA reviews of agency draft rules must be completed ...

The Long Goodbye: On Seeing the Sundarban Islands

by Robert Verchick | January 04, 2013
The Ganges River begins at the foot of the Gangotri Glacier in the Himalayas and culminates at the Sundarbans Delta, a massive sprawl of swamps, lakes, and scores of islands. (Find an earlier post on the Ganges here.) It’s the largest river delta in the world—home to endangered Bengal tigers, miles of mangroves, and nearly 12 million people (4.5 million on the Indian side and 7.5 million on the Bangladeshi side). A student of the Mississippi River Delta, I had ...

Sweating the Small Stuff: Indian Villages Plan for Climate Change

by Robert Verchick | December 18, 2012
In October, I wrote about the city of Surat, the diamond-polishing capital of India, and its battle against climate change.  Recently I had the chance to visit another municipality working on adaptation, a place known more for its postage stamp farms and wandering livestock than jewelry and textiles. It’s called Gorakhpur, and is located in the flood-prone state of Uttar Pradesh, near the India-Nepal border. I first visited Gorakhpur nearly 25 years ago--when I was a long-haired backpacker and Gorakhpur ...

A Conversation about the Public Trust in India: Public Participation, Climate Adaptation, and India's 2G Network

by Robert Verchick | December 03, 2012
Property lawyers in the United States love the Public Trust Doctrine (PTD). There’s such a rich history. The doctrine, which holds that important resources must be held “in trust” for public use, originated in Roman law. Centuries later it was forced on King John through the Magna Carta. During America’s industrial revolution, our Supreme Court invoked the doctrine to defend Chicago’s shoreline from hungry rail barons (the case is called Illinois Central Railroad), and we’ve had it ever since. The ...

Delhi Blues

by Robert Verchick | November 13, 2012
Last weekend my son took part in a set of Boy Scout activities with his local Delhi scout troop. On the grounds of the former residence of the U.S. ambassador, the boys prepared a kabob lunch, practiced fire making, and even built a Medieval-style trebuchet. But all I could think about were the little striped mosquitoes that seemed to follow the kids everywhere—Asian Tiger mosquitoes, to be exact, the kind that carry dengue fever.  In New Delhi, dengue (DEN-gay) has ...

Gotham Gets It: Mayor Bloomberg Calls for Government Action on Climate Change

by Robert Verchick | November 02, 2012
The most solemn commitment borne by an elected official is to promote the public welfare and keep the citizenry safe. As New York City struggles to rebound from one of the fiercest storms in memory, Mayor Michael R. Bloomberg rose to that occasion with an urgent call for government at all levels to forcefully address climate change.    Yes, folks, Gotham gets it. In an editorial for Bloomberg View, the mayor wrote: The devastation that Hurricane Sandy brought to New ...

A Climate-Ready City for India?

by Robert Verchick | October 26, 2012
If you like sparkling diamonds and saffron saris, you will love Surat, India’s bustling, no-nonsense city, some 250 kilometers north of Mumbai, near the Arabian Sea. If you’re wearing a new diamond, there’s an 80% chance its was shaped by Surati hands (and laser beams too). And nearly every Indian has something in the closet from Surat—which is what you’d expect from a city whose clattering looms churn out 30 million meters of raw fabric a day. But Surat, with ...

The River Ganges Meets Climate Change

by Robert Verchick | October 17, 2012
VARANASI -- We slip into the river at night, and with an easy stroke, our oarsman moves our boat across the chestnut waters of “Mother Ganga,” India’s Ganges River. Spiritual life in Varanasi (also called Benares) is a passion. Hindus all over India save their money for the chance to visit this holy city and bathe in Ganga’s purifying waters. At sunrise, along the string of bathing steps called “ghats,” you’ll see hundreds of people of all shapes and sizes ...

Fifth Circuit's Reversal on Katrina Litigation Leaves Flood Victims Gasping for Air

by Robert Verchick | September 27, 2012
I’ll forego reporting on India today to address a new development in the post-Hurricane Katrina litigation: Judge Jerry Smith’s breathless hairpin turn in the “Katrina Canal Breaches Litigation.” On Monday, Judge Smith, writing for a three-judge panel of the Fifth Circuit U.S. Court of Appeals, dismissed a lawsuit against the U.S. Army Corps of Engineers for flood damage during Hurricane Katrina, a case that could have exposed the federal government to billions of dollars in damages over the next several ...

What Does The Indian Public Think About Climate Change?

by Robert Verchick | September 17, 2012
I had been wondering what ordinary people in India think about climate change. So last week on my ride home from the office, I asked my auto-rickshaw driver. He was a talkative guy, bearded, with black spectacles and a navy blue turban. He had been keen on identifying for me the many troubles a man like him endures on the subcontinent. “Too many people!” he shouted, his voice competing with the cab’s rattling frame and the bleats of oncoming horns. ...

Monsoon Madness

by Robert Verchick | August 28, 2012
NEW DELHI — Here’s what monsoon season looks like in India. This summer, the northern states have been lashed with rain. In the northeastern state of Assam, July rains swamped thousands of homes, killing 65 residents. Floods and mudslides in northeast India sent nearly 6 million people heading for the hills in search of temporary housing (a tarp, a corrugated roof) and government aid (when they can get it). In New Delhi, the monsoon hasn’t caused anything nearly as traumatic. ...

Secretary Salazar's Unfortunate Prediction

by Robert Verchick | June 28, 2012
Good news for the Arctic! “I believe there will not be an oil spill”—this according to Ken Salazar, the nation’s Secretary of Interior and, now, environmental crystal-gazer. As someone still fretting about BP’s mess in the Gulf, I want to believe; but it’s hard. So let me back up. Earlier this week, Secretary Salazar said it was “highly likely” that his agency would grant Shell Oil permits to begin drilling exploratory wells in Arctic waters north of Alaska, despite opposition ...

Test Questions I Wish I'd Asked

by Robert Verchick | May 21, 2012
The end of the school year always leaves me wishing that I could have lectured more clearly or somehow covered more in my classes on environmental law and policy. There was really just too much to discuss. How does one do justice to all those doubtful arguments in support of the Keystone XL pipeline? It’s a job creator! A gasoline price cap! A floor wax! Or the continuing saga of how the Obama administration should reorganize the offshore drilling responsibilities ...

The Good and the Bad in the BP Settlement, and the Main Course Still Ahead

by Robert Verchick | April 23, 2012
I spent last Friday – the second anniversary of the BP Blowout – in the vast basement of the Orleans Parish Criminal District Court building, shifting in my metal chair, ignoring the talk-show chatter from the flat screens, and keeping an eye on the red digit counter to know when my number was up. I'd been called for jury duty. Whether I will eventually be deployed is up to the gods, but until then I had resolved to study (with ...

After Partial Settlement, Oil Spill Case on a Slow Boil

by Robert Verchick | March 05, 2012
The BP Oil Spill case settled! Well, part of it. The smaller part. But, still, we must count this a victory for U.S. District Judge Carl Barbier, whose reported 72 million pages of assigned reading will inevitably be shaved down. (Does this man have an iPad?) On Friday evening the court announced that BP had reached a settlement with the steering committee that represents thousands of private plaintiffs in the case. Judge Barbier postponed the trial indefinitely while the remaining ...

Mardi Gras, Check. BP "Trial of the Century" Here We Come.

by Robert Verchick | February 22, 2012
Well, another magnificent Mardi Gras has ended, and at this point, I’d normally be slouched on the sofa sipping a tomato juice (neat) and sorting beads. But not this year.  That’s because next week, squadrons of lawyers, journalists, petroleum engineers, and fisher folk are scheduled to descend on New Orleans, squeeze into a federal courtroom, and begin on Monday what the media have modestly called, “The Trial of the Century,” otherwise known as the BP Oil Spill litigation. Whatever the ...

EPA Releases Inventory of Legal Authorities to Advance Environmental Justice

by Robert Verchick | February 13, 2012
Last fall, in a speech I gave at an environmental justice event in Los Angeles, I ruffled some feathers with an impromptu line that went something like this:  “Believe it or not, federal environmental statutes say nothing directly about environmental justice.” During the “Q & A” I was challenged by an environmental activist and lawyer who listed various ways that advocates had successfully used federal environmental statutes to address inequalities in many of California’s minority and low-income communities. I saw ...

Also from Robert Verchick

Robert R.M. Verchick holds the Gauthier ~ St. Martin Eminent Scholar Chair in Environmental Law at Loyola University, New Orleans, is the Faculty Director of the Center for Environmental Law at Loyola, and is a Senior Fellow in Disaster Resilience Leadership, Tulane University. He is the President of the Center for Progressive Reform.

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