Water

California’s New Groundwater Law: An Interactive Timeline

Groundwater irrigation

What are the major deadlines for local groundwater management agencies, and when can—or must—state agencies act?

Many (including Legal Planet’s own Rick Frank) have examined the pros and cons of California’s new locally-focused groundwater management law.  Such analyses will continue to be critically important as state and local players move forward with the nitty-gritty of actual implementation, and the legislation’s practical, on-the-ground (and under-the-ground) implications become clearer. In this post, however, my goal […]

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Groundwater Management Lite for California

New State Groundwater Legislation a Key Step Forward, But No Immediate Fix or Long-Term Panacea

The California Legislature, in the waning hours of its 2014 session, enacted legislation creating a first-ever  statewide system of groundwater management.  The three-bill package (SB 1168 [Pavley]; SB 1319 [Pavley]; and AB 1719 [Dickinson]) is expected to be signed into law by California Governor Jerry Brown before the end of this month, and will take […]

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A Hidden Property Gem From Justice Jackson

Robert Jackson

Where Do Property Rights Come From?

Although it is never fun to do new class preparation, I like teaching new classes because it forces me gives me the opportunity to learn new material and new areas of law. So it is this semester, when I will teach water law for the first time. In this case, not only have I learned […]

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The Hydrology of the Public Trust

Drought

The Public Trust Doctrine Gives California Regulators the Authority to Monitor Groundwater Pumping

A couple of weeks ago, Rick reported that California might finally be ready to institute some form of statewide groundwater regulation. (The original California Water Act regulating surface water is now more than 100 years old, and when it was enacted, many observers thought that groundwater regulation was just around the corner: hey, what’s a century […]

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Water and Climate Change, Backwards

California State Water Project Irrigation Canal: Do We Want More Cement?

Will Conserving Water Contribute to Global Warming?

All of us (except Republicans and adherents of Movement Conservatism) know that climate change is dangerous for rising temperatures, but also because of its effects on other natural resources.  Most significantly, it is hardly news that increasing and variable temperatures will reduce, for example, the Sierra snow pack and cause greater evaporation, eventually leading to […]

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Is California Finally Ready to Get Serious About Groundwater Reform?

Prospects Good for Passage of Landmark Groundwater Legislation

California, which prides itself as being a national and international leader in so many areas of environmental policy, lags woefully behind other jurisdictions when it comes to at least one subject area: groundwater regulation.  Alone among the Western states in the U.S., California lacks any statewide system of groundwater regulation and planning.  (Until a few […]

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Rand Paul and the Environment (Take 2)

330px-Rand_Paul,_official_portrait,_112th_Congress_alternate

Guess what: he's no friend of the environment.

Yesterday I posted a confused discussion of Paul’s environmental views. (Probably due to brain lock from spending  too many hours puzzling over the numerical examples in EME Homer!) I wanted to replace it with a clearer description of his views, so I pulled it from the website.  Let’s try this again. This first thing to know about Senator Paul is […]

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Groundwater and the public trust doctrine, California style

The dewatered Scott River west of Fort Jones, CA, Sept. 2, 2009. Photo by Klamath Riverkeeper. Flight by LightHawk.

California trial court rules that public trust doctrine applies to pumping that reduces flow in a navigable waterway

If you follow California water law or environmental law, you probably have been aware that the Environmental Law Foundation has been pursuing a public trust claim based on groundwater pumping that affects the Scott River. Last week they gained a victory at the trial court level, with a ruling that endorses the principle that groundwater […]

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A win for EPA on mountaintop removal

Mountaintop removal at Oven Fork, near Whitesburg (Letcher County, KY). From The Mountaintop Removal Roadshow, http://mountainroadshow.com

D.C. Circuit upholds Enhanced Coordination Process, refuses to review agency guidance

The D.C. Circuit has rejected a challenge to consultation procedures developed by the EPA and Corps of Engineers for reviewing mountaintop removal mining permits and to EPA’s guidance for reviewing permits issued by the Corps or state permitting agencies. Because it rests on standard administrative law, the decision shouldn’t merit comment. But it does, because […]

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Ban the Quad?

Harvard Yard

The grassy Quad is emblematic of university life. But its days may be numbered.

When I picture a university, I immediately envision the quad: an area of grass and trees surrounded by campus buildings, like the photo from one of America’s oldest universities accompanying this post.  But those beautiful lawns may need to go. That would be a bit sad, and not just because the students could lose a place to […]

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