Environmental Degradation as Murder

February 18, 2014

I don’t think of myself as a motivational speaker. I try to explain, and hope my commentaries provide helpful explanations. But this time, I want to challenge and motivate everyone to take strong action on the environmental catastrophe facing us.

We know burning gas, oil, coal and wood release carbon and help produce global warming. Some of that carbon acidifies the oceans when it’s absorbed. Air and water contamination destroy our food supplies, by destroying habitat and causing draught, among other ways. That destroys us. Global warming and ocean acidification threaten the oxygen we breathe. They threaten to sicken us with new diseases. The science is now well known.

Law generally defines murder as an intentional killing. And we infer that people intend the natural and probable consequences of their actions. And we know. Aren’t those of us who stand by guilty of mass murder-suicide, intending the natural and probable consequence of our use of carbon fuels, the death of many, perhaps billions, of human beings. Isn’t it reckless indifference to human life to fire global warming into this crowded planet. Read the rest of this entry »


Regulation and the Slide to Hell

August 28, 2012

There’s too much regulation, says Romney. Too much regulation, say some businesses. It’s always categorical, not about which regulation. Just that regulation is bad. Stop it.

The forests are burning. The drought continues. The deserts are growing. The earth is warming. The diseases are spreading. The storms are destroying our towns and farms. The glaciers are melting and the oceans are retaking our shores, submerging islands, making refugees and warriors. But oh block the regulation. Read the rest of this entry »


Capitalism, Religion and Global Warming

August 7, 2012

Global warming is the earth’s response to unrestrained capitalism. Everybody gets to make, buy and use whatever they want without regard to how it affects the sustainability of the environment and everyone in it. Drilling in the Gulf, the Arctic or anywhere, hydrofracking in New York, Pennsylvania or anywhere, turning food like corn into oil that can be burned, all make carbon based fuels that contribute to global warming.

The growing list of minor chores that we once did with cranks, like grinding coffee, requires more power for which more carbon based fuel is burned. Planning buildings without regard to natural cooling requires maximum use of power hungry air conditioners. This is capitalist freedom to do whatever we want. And the earth is fighting back.  Read the rest of this entry »


Outdated Legal Doctrines

May 22, 2012

The law of contract, based on the consent of the parties, and the law of torts, based on our obligations when no agreement covers what happened, are fundamental to American law. There is only one problem. Both fields are hopelessly out of date. Read the rest of this entry »


Environmental liability

April 10, 2012

Let me suggest a solution to the fracking problem. The self-styled energy companies want to draw natural gas out of the shale deposits deep below the earth’s surface. Environmentalists like myself believe that fracking will foul the drinking water, damaging a much more crucial resource than the gas they’ll extract.  We also think that if gas is so valuable, they wouldn’t be burning it off where it already comes up alongside oil wells. But that’s another story. Let’s stick to safety.  Read the rest of this entry »


The Cost of Non-Regulation

January 31, 2012

The debate over pipelines in New York, and from Canada through the midwest, has been cast as the value of the natural gas versus the value of the environment, particularly water supplies. We can have one or the other. But not both. Either the environment or the gas. Read the rest of this entry »


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