My title is a little unfair. So far as I can tell, the people who are trying to figure out the 100-year or 500-year floods in various places are hard-working professionals, applying their expertise to a difficult problem. But there are a lot of uncertainties that get concealed behind the final numbers. The consequence is […]
It’s a complex process involving many federal agencies and state government.
When people think of FEMA, they envision rescuers finding victims and taking them to safety. FEMA does provide emergency assistance, temporary housing and other services. But its main job is to coordinate the response of many parts of the federal government. And the federal government’s role itself is mostly supportive, with the main job of […]
Houston failed to learn a key lesson from Katrina about the need to prepare for catastrophic flooding.
The torrential rain in Houston would have caused bad flooding no matter what. There’s no question about that. But it’s also true that Houston’s flood control efforts have been badly managed. Houston failed to learn a key lesson from Katrina: the most important disaster response is done years in advance through risk mitigation. Not only […]
This is the first in what will be a series of posts about disaster law.
As I write, Hurricane Harvey continues to hammer Texas, with rains and flooding expected to last for days. Because the storm is so slow moving, it may dump up to several feet of rain in some locations. For the same reason, it’s future trajectory is unclear, so we can’t even be sure of what areas […]
Congress Should Ensure that Money Is Available to Address Pollution on Public Lands
In recent legal battles, the State of Utah has rarely sided with the environment. It is a significant moment, therefore, when Utah files a lawsuit aimed to force polluters to pay for contamination they have caused, as it did last week when it sued mine owners and contractors for the EPA related to the Gold […]
Justices to Hear Oral Arguments in Three Major Environmental Cases This Week
The California Supreme Court currently has approximately twenty pending environmental cases on its docket. This week, the Court’s justices will hear oral arguments in three of the most important of those cases. Taken together, these looming decisions raise important issues concerning the California Environmental Quality Act (CEQA), federal preemption, climate change mitigation and adaptation, private […]
The Order is Designed to Prevent Federal Agencies from Protecting Health, Safety, and the Environment
Dan Farber just posted an insightful, brief analysis of the executive order “Reducing Regulation and Controlling Regulatory Costs” that was issued this morning. As Dan notes, the order is absurd and arbitrary – but more than that, it’s extraordinary in its potential for doing harm to our country and its residents. It is meant to kneecap […]
An octopus in a parking garage? It’s a sign of the times.
Jim Cason, the GOP mayor of Coral Gables, Florida, wants us to talk about climate change: “‘We’re looking to a future where we’re going to be underwater, a great portion of South Florida,’” Cason said. ‘For all of us down here, this is really not a partisan issue. We see it. We see the octopus in […]
Drought, Bark Beetle Infestation, Climate Change Imperil Sierra Pine Forests
Like over 600 other environmental lawyers, professors, law students and regulators, I attended the 25th annual Environmental Law Conference at Yosemite last weekend. As always, the Conference–sponsored by the California State Bar’s Environmental Law Section–was a big success, filled with inspirational speakers and thought-provoking panels. But the major topic of conversation–during the Conference proceedings, in […]