At a joint Senate and Assembly hearing last week on oil by rail safety in California, some lawmakers expressed frustration at slow federal action, and asked what California can do to increase public safety. My testimony focused on federal preemption issues, defining areas where the state can regulate, and those where it is preempted by […]
BP is trying to use standing law to wiggle out of its own settlement agreement. The courts have been right to say no.
BP entered into a settlement in a massive class action against it arising out of the BP oil spill. Now it’s trying to get out of part of the settlement while keeping the rest of the deal in place. BP’s argument involves three areas of confusion in standing doctrine: how does it apply to class actions, […]
Ruling is Especially Timely, Given California's Ongoing and Severe Drought Conditions
I recently wrote about a then-pending court case in which California grape growers were challenging the State Water Resources Control Board’s limits on the growers’ diversion of water from California rivers and streams to provide frost protection for their grapes. That litigation is important because it goes to the heart of the Board’s authority under […]
Four years ago, the BP Deepwater Horizon was still gushing oil. The well was finally capped in mid- July. There’s been a lot of legal action since then, but it’s hard to keep track of all the piecemeal developments. Here’s quick rundown. The Presidential Commission investigating the spill identified the “root causes” as management failures by industry and […]
For the past few days we have all been focused—justifiably—on the EPA’s proposed carbon rule for power plants. But that’s not all EPA and the rest of the federal government have been up to recently. Today a federal interagency working group established under Executive Order 13650, Improving Chemical Facility Safety and Security (“EO 13650”) issued […]
Millions of people are in the path of rising seas. The time for action is now.
The NY Times has run a series of articles in the past few days dealing with disaster issues. Taken together, they highlight the urgency of government action to protect populations in harm’s way. One article dealt generally with the threat posed by sea level rise. Miami is something of a poster-child for these problems, given its […]
State Water Rights Reforms a Key Part of the Legislative Package
“Never let a good crisis go to waste.” This adage, attributed to Chicago Mayor and former Obama White House Chief of Staff Rahm Emanuel, seems especially apt regarding emergency legislation enacted by California lawmakers and signed into law last weekend by Governor Jerry Brown in response to the worst drought in recorded California history. That […]
Confronting a Looming Environmental Disaster
The Sacramento Bee’s fine environmental reporter, Matt Weiser, yesterday reported on a looming, major drought facing California and its regional neighbors. The figures aren’t pretty. A persistent high-pressure front stretching over the Gulf of Alaska and most of the Northern Pacific has diverted the normal fall and winter storm track away from California and other […]
I’ve spent a lot of time and energy talking about the need to adapt to climate change, but I’ve also become increasingly uneasy about “adaptation” as a way to think about the situation. One of the things I don’t like about the term “adaptation” is that it suggests that we actually can, at some expense, […]
Every year, Ecology Law Quarterly publishes its Annual Review of Environmental and Natural Resource Law. The latest version is now available at ELQ’s web site. Check out these articles from the issue. You’ll find they cover a tremendous amount of ground in a way that is both educational and entertaining. And at the ELQ site […]