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	<title>Comments on: A Big Day for Enviros</title>
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	<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html</link>
	<description>The Law, the Universe, and Everything</description>
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		<title>By: Frank</title>
		<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html/comment-page-1#comment-54538</link>
		<dc:creator>Frank</dc:creator>
		<pubDate>Wed, 04 Apr 2007 02:07:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2007/04/a-big-day-for-enviros.html#comment-54538</guid>
		<description>Great post.  I tend to assign my admin students some of the very few journalistic pieces that manage to emphasize the &quot;follow up&quot; points you&#039;ve made--i.e., the way in which the critical decisions can be made long after the big court cases, by administrators acting under the radar of everyone but the trade press.

Here are a few such articles; I&#039;ll try to add more precise cites later:

1) Bruce Barcott, Changing All the Rules: Students are consistently astonished by the radical revision of environmental policies detailed in this piece:

http://www.nytimes.com/2004/04/04/magazine/04BUSH.html?ei=5007&amp;en=7ed0c603991e9be9&amp;ex=1396414800&amp;partner=USERLAND&amp;pagewanted=all&amp;position   =

Here are some of the most interesting parts:

&quot;On March 18, 2001, Joseph Kelliher, a top assistant to Energy Secretary Spencer Abraham, e-mailed Dana Contratto, an energy-industry lobbyist. &#039;&#039;If you were King, or Il Duce,&#039;&#039; Kelliher wrote, &#039;&#039;what would you include in a national energy policy . . . ?&#039;&#039;

***

Bush&#039;s E.P.A. appointees left one crucial detail out of the final report [on NSR]. They said they were still working on a final revision of N.S.R. having to do with the often contested definition of &quot;routine maintenance.&quot;  The agency published its proposed rule in the Federal Register but left the crucial percentage -- the one ... E.P.A.&#039;s enforcement office had suggested setting at 0.75 percent -- unspecified.

***

[When the decision was finally made,] utilities would be allowed to spend up to 20 percent of a generating unit&#039;s replacement cost, per year, without tripping the N.S.R. threshold.

In other words, a company that operated a coal-fired power plant could do just about anything it wanted to a $1 billion generating unit as long as the company didn&#039;t spend more than $200 million a year on the unit. To E.P.A. officials who had worked on N.S.R. enforcement, who had pored over documents and knew what it cost to repair a generator, the new threshold was absurd. &quot;What I don&#039;t understand is why they were so greedy,&quot; said Eric Schaeffer, the former E.P.A. official. &quot;Five percent would have been too high, but 20? I don&#039;t think the industry expected that in its wildest dreams.&quot;

2) Amy Goldstein and Sarah Cohen, Bush forces shift in regulatory thrust, here:

http://www.washingtonpost.com/wp-dyn/articles/A1315-2004Aug14.html

[First of a three-part series.]

3) Charles Peters, Eternal Washington:

http://www.cjr.org/issues/2002/5/wash-peters.asp

And the key quote:

&quot;One of the reasons for the failure is the media&#039;s overall inattention to government outside the glamour beats — the White House, Congress, and the Supreme Court, as well as a few executive branches, including the Pentagon and the State Department. Most of the government is pretty much ignored except by specialized newsletters that charge $1,000 or more a year for reporting details that rich individuals and corporations need to know: the latest tax loophole or how to bid for a Pentagon contract.

&quot;Unfortunately, the agencies overlooked by the regular press are ones that have tremendously important roles in our lives — agencies responsible for the economy, medical care, our children&#039;s education, the safety and efficiency of transportation, protecting workers&#039; health and safety, making sure taxes are collected fairly and efficiently and protecting the environment (see &quot;Invisible Agencies,&quot; page 57).&quot;

</description>
		<content:encoded><![CDATA[<p>Great post.  I tend to assign my admin students some of the very few journalistic pieces that manage to emphasize the &#8220;follow up&#8221; points you&#8217;ve made&#8211;i.e., the way in which the critical decisions can be made long after the big court cases, by administrators acting under the radar of everyone but the trade press.</p>
<p>Here are a few such articles; I&#8217;ll try to add more precise cites later:</p>
<p>1) Bruce Barcott, Changing All the Rules: Students are consistently astonished by the radical revision of environmental policies detailed in this piece:</p>
<p><a href="http://www.nytimes.com/2004/04/04/magazine/04BUSH.html?ei=5007&#038;en=7ed0c603991e9be9&#038;ex=1396414800&#038;partner=USERLAND&#038;pagewanted=all&#038;position" rel="nofollow">http://www.nytimes.com/2004/04/04/magazine/04BUSH.html?ei=5007&#038;en=7ed0c603991e9be9&#038;ex=1396414800&#038;partner=USERLAND&#038;pagewanted=all&#038;position</a>   =</p>
<p>Here are some of the most interesting parts:</p>
<p>&#8220;On March 18, 2001, Joseph Kelliher, a top assistant to Energy Secretary Spencer Abraham, e-mailed Dana Contratto, an energy-industry lobbyist. &#8221;If you were King, or Il Duce,&#8221; Kelliher wrote, &#8221;what would you include in a national energy policy . . . ?&#8221;</p>
<p>***</p>
<p>Bush&#8217;s E.P.A. appointees left one crucial detail out of the final report [on NSR]. They said they were still working on a final revision of N.S.R. having to do with the often contested definition of &#8220;routine maintenance.&#8221;  The agency published its proposed rule in the Federal Register but left the crucial percentage &#8212; the one &#8230; E.P.A.&#8217;s enforcement office had suggested setting at 0.75 percent &#8212; unspecified.</p>
<p>***</p>
<p>[When the decision was finally made,] utilities would be allowed to spend up to 20 percent of a generating unit&#8217;s replacement cost, per year, without tripping the N.S.R. threshold.</p>
<p>In other words, a company that operated a coal-fired power plant could do just about anything it wanted to a $1 billion generating unit as long as the company didn&#8217;t spend more than $200 million a year on the unit. To E.P.A. officials who had worked on N.S.R. enforcement, who had pored over documents and knew what it cost to repair a generator, the new threshold was absurd. &#8220;What I don&#8217;t understand is why they were so greedy,&#8221; said Eric Schaeffer, the former E.P.A. official. &#8220;Five percent would have been too high, but 20? I don&#8217;t think the industry expected that in its wildest dreams.&#8221;</p>
<p>2) Amy Goldstein and Sarah Cohen, Bush forces shift in regulatory thrust, here:</p>
<p><a href="http://www.washingtonpost.com/wp-dyn/articles/A1315-2004Aug14.html" rel="nofollow">http://www.washingtonpost.com/wp-dyn/articles/A1315-2004Aug14.html</a></p>
<p>[First of a three-part series.]</p>
<p>3) Charles Peters, Eternal Washington:</p>
<p><a href="http://www.cjr.org/issues/2002/5/wash-peters.asp" rel="nofollow">http://www.cjr.org/issues/2002/5/wash-peters.asp</a></p>
<p>And the key quote:</p>
<p>&#8220;One of the reasons for the failure is the media&#8217;s overall inattention to government outside the glamour beats — the White House, Congress, and the Supreme Court, as well as a few executive branches, including the Pentagon and the State Department. Most of the government is pretty much ignored except by specialized newsletters that charge $1,000 or more a year for reporting details that rich individuals and corporations need to know: the latest tax loophole or how to bid for a Pentagon contract.</p>
<p>&#8220;Unfortunately, the agencies overlooked by the regular press are ones that have tremendously important roles in our lives — agencies responsible for the economy, medical care, our children&#8217;s education, the safety and efficiency of transportation, protecting workers&#8217; health and safety, making sure taxes are collected fairly and efficiently and protecting the environment (see &#8220;Invisible Agencies,&#8221; page 57).&#8221;</p>
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		<title>By: David</title>
		<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html/comment-page-1#comment-54537</link>
		<dc:creator>David</dc:creator>
		<pubDate>Tue, 03 Apr 2007 16:44:51 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2007/04/a-big-day-for-enviros.html#comment-54537</guid>
		<description>A similar point is how the ability to negotiate a good settlement for one&#039;s client is often times more important than a bundle of &quot;litigation skills.&quot;  Of course they work together--the better the facts one uncovers during the discovery, the greater leverage during settlment, but the legal world at large probably doesn&#039;t sufficiently emphasize the ability to negotiate and work with people.

</description>
		<content:encoded><![CDATA[<p>A similar point is how the ability to negotiate a good settlement for one&#8217;s client is often times more important than a bundle of &#8220;litigation skills.&#8221;  Of course they work together&#8211;the better the facts one uncovers during the discovery, the greater leverage during settlment, but the legal world at large probably doesn&#8217;t sufficiently emphasize the ability to negotiate and work with people.</p>
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		<title>By: Venkat</title>
		<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html/comment-page-1#comment-54536</link>
		<dc:creator>Venkat</dc:creator>
		<pubDate>Tue, 03 Apr 2007 09:40:02 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2007/04/a-big-day-for-enviros.html#comment-54536</guid>
		<description>Seems like the detainee/Guantanamo cases are a great place to start . . . to talk about &quot;the interaction between individual case decisions, administrative decisions, and broader societal politics?&quot;

</description>
		<content:encoded><![CDATA[<p>Seems like the detainee/Guantanamo cases are a great place to start . . . to talk about &#8220;the interaction between individual case decisions, administrative decisions, and broader societal politics?&#8221;</p>
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		<title>By: Daniel J. Solove</title>
		<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html/comment-page-1#comment-54535</link>
		<dc:creator>Daniel J. Solove</dc:creator>
		<pubDate>Tue, 03 Apr 2007 07:07:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2007/04/a-big-day-for-enviros.html#comment-54535</guid>
		<description>I&#039;ll create a category for agricultural law now.

</description>
		<content:encoded><![CDATA[<p>I&#8217;ll create a category for agricultural law now.</p>
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		<title>By: steph</title>
		<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html/comment-page-1#comment-54534</link>
		<dc:creator>steph</dc:creator>
		<pubDate>Tue, 03 Apr 2007 07:01:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2007/04/a-big-day-for-enviros.html#comment-54534</guid>
		<description>Thanks!  I erased the p.s. :)  I may also beg you at some point to add a category for agricultural law, the legal area I&#039;ve been trying to explore more of these days.

</description>
		<content:encoded><![CDATA[<p>Thanks!  I erased the p.s. <img src='http://www.concurringopinions.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' />   I may also beg you at some point to add a category for agricultural law, the legal area I&#8217;ve been trying to explore more of these days.</p>
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		<title>By: Daniel J. Solove</title>
		<link>http://www.concurringopinions.com/archives/2007/04/a_big_day_for_e.html/comment-page-1#comment-54533</link>
		<dc:creator>Daniel J. Solove</dc:creator>
		<pubDate>Tue, 03 Apr 2007 06:58:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.solove.org/archives/2007/04/a-big-day-for-enviros.html#comment-54533</guid>
		<description>Given the zillions of categories we have on the blog, I&#039;m amazed that we forgot to include one for Environmental Law.  I just added one.

</description>
		<content:encoded><![CDATA[<p>Given the zillions of categories we have on the blog, I&#8217;m amazed that we forgot to include one for Environmental Law.  I just added one.</p>
]]></content:encoded>
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