Year: 2013

Supreme Court agrees to hear TX-OK water dispute: Tarrant Regional Water District v. Herrmann

On Friday, the U.S. Supreme Court agreed to review Tarrant Regional Water District v. Herrmann (No. 11-889), an appeal from the 10th Circuit regarding apportionment of the Red River, which forms the southeastern border between Oklahoma and Texas.  At issue before the Court is whether it is “OK” for a Texas water supplier to obtain …

CONTINUE READING

Supreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision

Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council.  I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise.  (If you’re unfamiliar with the case, the linked post explains in …

CONTINUE READING

Envisioning the Earth

Here are some cool images from earth satellites.  Fans of Benoit Mandelbrot may detect a fractal quality to many of them. The subject of this particular photo ois the Namib-Naukluft National Park, which includes  Namibia’s Namib Desert. Here, southwest winds have created the tallest sand dunes in the world, with some dunes reaching 300 meters in …

CONTINUE READING

The Trouble with TDRs

What went wrong with TDRs?  But first, you might ask, what are TDRs? TDRs — more formally, transferable development rights — were the first form of environmental trading system to be used in the United States.  For instance, the Supreme Court decided a the Penn Central case, which involved TDRs over a decade before Congress created the …

CONTINUE READING

Should Environmentalists Worry About Chuck Hagel?

Reports out today indicate that within the next few days, President Obama will appoint former Republican Senator Chuck Hagel to succeed Leon Panetta as Defense Secretary.  Even though Hagel himself is a Republican, the GOP has already promised a fight, ostensibly on the entirely specious grounds that Hagel is anti-Israel. Hagel…hmmm…where have environmentalists heard that …

CONTINUE READING

In Climate Policy, A Stitch in Time Saves Nine

Moving quickly on carbon reduction could save a lot of money. A new study in Nature highlights the importance of timing in climate policy: [A]chieving the same 60% chance of success with action starting in 2020 would require a 2020 carbon price of around US$150 per tonne of carbon dioxide equivalent (CO2e) — more than double …

CONTINUE READING

Environmental Law and the Gun Debate

The horrifying events in Newtown have predictably led to calls for new gun controls, which have predictably led to push-back from gun rights advocates — some measured, some certifiable. For the most part, this debate has nothing to do with environmental law and policy, but there is an exception.  The New York Times had an …

CONTINUE READING

Of Mollusks and Men: The Wilderness Act and Drakes Bay Oyster Company

The debate over Drakes Bay Oyster Company’s continued operation within the Point Reyes National Seashore created two unlikely foes: environmentalists in favor of transitioning the land to wilderness, and supporters of local, organic food and a longstanding family business.  The San Francisco Chronicle aptly termed it a “legal and philosophical slugfest.” The door seems to …

CONTINUE READING

Put That In Your Tank and Smoke It

The next time anyone tells you that an increase in gasoline prices (say, as part of a carbon-tax or a cap-and-trade system) would generate unbearable costs to consumers, think again.  The Los Angeles Times reports something that I have often seen but never really thought through: gasoline stations often a couple block away from each …

CONTINUE READING

TRENDING