Water

Global market for ecosystem services surges to $36 billion in annual transactions

New article in Nature Sustainability tracks global payments for ecosystems services

In the early 1990s, New York City began paying for land management in the Catskills watershed to ensure safe drinking water for the city, avoiding the cost of building an expensive water treatment plant. New York City provides just one example of a growing number of programs – called payments for ecosystem services (PES) – […]

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Progress on California water data

Michael Kiparsky and Alida Cantor

Water data has become quite a hot topic in California, and rightly so: throughout the state, decision-makers desperately need better information to guide their efforts to better manage this resource. Recent legislation has gotten us to the starting line, but how well new data platforms ultimately serve water management will depend on clear thinking and […]

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Ninth Circuit rules Clean Water Act permit required for indirect discharge to ocean waters

Maui County can’t evade permitting requirements by sending wastewater to injection wells hydrologically connected to ocean waters

It was a great exam question (at least I thought so — you’ll have to ask my Environmental Law and Policy students if they agree): does the disposal of treated wastewater from a municipal wastewater treatment plant into the ground through injection wells located a short distance from the ocean require  an NPDES permit under […]

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The Ninth Circuit Court of Appeals’ Most Important Environmental Law Decisions of 2017

Constitutional Issues, Water Law, Native American Rights Dominate Court’s Environmental Docket

Happy New Year! As we move into 2018, let’s take a look back at the most significant environmental law decisions issued by the U.S. Court of Appeals for the Ninth Circuit in 2017. Conventional wisdom is that the second most important federal court in the nation (after the U.S. Supreme Court) is the D.C. Circuit […]

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The California Supreme Court’s Most Important Environmental Law Decisions of 2017

CEQA, Climate Change, Cannabis & Regulatory Takings Top the Justices’ Environmental Docket

As 2017 comes to a close, let’s take a moment to assess the California Supreme Court’s most significant environmental law decisions of the year. There are a large number of decided cases to choose from: as has been true over the past decade, in 2017 the California Supreme Court devoted a substantial portion of its […]

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Everyday Christmas: The Gift of the Commons

Clean air. Clean water. We receive these public goods every day without payment.

Each day we receive benefits free of charge: the air we breathe, the clean, unpolluted water we depend on, the climate we live in. We get those regardless of whether we pay taxes or how much or how little we consume. In short, from the view of any one individual, these are freebies, gifts from […]

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Looking Back on Lucas

Lucas v. South Carolina Coastal Comm’n has had surprisingly little impact, despite fears at the time.

Lucas v. South Carolina Coastal Commission was the high-water mark of the Supreme Court’s expansion of the takings clause, which makes it unconstitutional for the government to take private property without compensation. Lucas epitomized the late Justice Scalia’s crusade to limit government regulation of property. The decision left environmentalists and regulators quaking in their boots, […]

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Wetlands, WOTUS and California

California Regulators Can and Should Adopt Strong State Wetlands Protection Rules

For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental […]

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Of Dreamliners and Drinking Water

pipes

Michael Kiparsky and Christian Binz

As we have written previously, potable water reuse (recycling water to augment water supplies) is a promising way to diversify urban water supply portfolios. Direct potable water reuse (DPR), the injection of highly purified wastewater into drinking water systems, is among the newest, and most controversial, methods for augmenting water supplies. DPR is garnering increasing […]

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California’s AB 313–A Solution in Search of a Problem

Governor Brown Should Veto Ill-Conceived Bill That Would Undermine State Water Board’s Enforcement Authority

Overall, the California Legislature had a most productive year when it comes to environmental issues.  It extended until 2030 the cap-and-trade program that’s a centerpiece of the state’s ongoing efforts to reduce California’s aggregate greenhouse gas emissions.  It passed the mis-named “gas tax” legislation, which not only provides funding to rebuild California’s once-proud but now […]

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