Image via ecstaticist on Flickr.
- The melting of ice, that’s occurring in Greenland and in the rest of the Arctic at alarming rates, is thought to eventually trigger a five feet increase in sea level rise by the end of this century, and this projection is “dramatically higher than earlier projections, an authoritative international assessment says.”
- Some teenagers are suing the U.S. government. They are claiming that the federal government is failing to protect the Earth for future generations. The suit is relying “on the public trust doctrine, which dates to Roman times,” and the doctrine was carried over into English common law and thus, American common law. The doctrine, as applied to navigable waters, was articulated in Illinois Central R. Co. v. Illinois, 146 U.S. 387, 452-53 (1892) (emphasis added):
[T]he state holds the title to the lands under the navigable waters of Lake Michigan, within its limits in the same manner that the state holds title to soils under tidewater by the common law we have already shown, and that title necessarily carries with it control over the waters above them, whenever the lands are subjected to use. But it is a title different in character from that which the state holds in lands intended for sale. It is different from the title which the United States hold in the public lands which are open to preemption and sale. It is a title held in trust for the people of the state, that they may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing therein, freed from the obstruction or interference of private parties. The interest of the people in the navigation of the waters and in commerce over them may be improved in many instances by the erection of wharves, docks, and piers therein, for which purpose the state may grant parcels of the submerged lands; and so long as their disposition is made for such purpose, no valid objections can be made to the grants. It is grants of parcels of lands under navigable waters that may afford foundation for wharves, piers, docks, and other structures in aid of commerce, and grants of parcels which, being occupied, do not substantially impair the public interest in the lands and waters remaining, that are chiefly considered and sustained in the adjudged cases as a valid exercise of legislative power consistently with the trust to the public upon which such lands are held by the state. But that is a very different doctrine from the one which would sanction the abdication of the general control of the state over lands under the navigable waters of an entire harbor or bay, or of a sea or lake. Such abdication is not consistent with the exercise of that trust which requires the government of the state to preserve such waters for the use of the public. The trust devolving upon the state for the public, and which can only be discharged by the management and control of property in which the public has an interest, cannot be relinquished by a transfer of the property. The control of the state for the purposes of the trust can never be lost, except as to such parcels as are used in promoting the interests of the public therein or can be disposed of without any substantial impairment of the public interest in the lands and waters remaining. . . . The state can no more abdicate its trust over property in which the whole people are interested, like navigable waters and soils under them, so as to leave them entirely under the use and control of private parties, except in the instance of parcels mentioned for the improvement of the navigation and use of the waters, or when parcels can be disposed of without impairment of the public interest in what remains, than it can abdicate its police powers in the administration of government and the preservation of the peace.
- Since crop production is connected to climate, there is evidence that climate change is driving higher food prices, so “wilting yields may have contributed to the current sky-high price of food, a team of U.S. researchers reports online May 5 in Science.”
- A report warns that the expansion of renewable energy “will be costly and policy changes will have to be enacted to ensure that renewable energy can achieve its potential in helping reduce greenhouse gas emissions.” To expand renewable energy and reduce our enormous carbon footprint, the U.S. government must expand policies and laws that spur renewable energy development and research. Curbing fossil-fuel subsidies would certainly help level the playing field.
- Yesterday, House Republicans “unanimously voted down a motion from Democrats to consider legislation to end subsidies to oil companies.” Giving rising gas prices, this could be important ammunition for the Democrats in next year’s election. Also, expanding offshore drilling will not curb rising gas prices. However, it appears that a majority of Americans support more offshore drilling.



