Clean Water Act
Is the Green New Deal’s Ambition Smart Policy?
Some Lessons from Environmental History
At the the heart of the Green New Deal — which demands slashing U.S. carbon emissions by 2030 by shifting to 100 percent clean energy — is a major conundrum. Even the most enthusiastic proponents of ambitious climate policy don’t believe the goals are achievable, technologically let alone politically. Stanford Professor Marc Z. Jacobsen, for …
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CONTINUE READINGJohn Dingell, 1926-2019
The Surprising Environmental Record of Detroit’s Biggest Congressional Defender
There’s an old story about Rep. John Dingell, the long-running chair of the powerful Energy and Commerce Committee, who died yesterday at the age of 92, and served in the House longer than anyone in American history. Outside the office of the Committee, there is a huge picture of the Earth, taken from the Apollo …
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CONTINUE READINGThe Power of the Purse
House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks
Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in …
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CONTINUE READINGChesapeake
EPA needs to take a hand to keep the restoration plan on track. We’ll see how that goes soon.
The effort to restore Chesapeake Bay is something I knew vaguely about but had never looked into. A new on-line dashboard of relevant material inspired me to take a deeper dive. The restoration plan is definitely worth a closer look., It’s the U.S. leading effort to reduce“nonpoint source” water pollution such as agricultural runoff. It …
CONTINUE READINGNinth 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 …
CONTINUE READINGHow Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, …
CONTINUE READINGThe EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule
This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands
With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule. This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act. The …
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CONTINUE READINGA Coalition of the Willing
States need to work together to make progress happen in the age of Trump.
In the short time since the election, it’s already become a truism that state governments will have to keep the flame alive for environmental protection. But it’s not just individual state governments. It’s also crucial for states to work together. There’s been a lot of loose talk about “Calexit” out here. Secession is unconstitutional. (As …
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CONTINUE READINGThe California Supreme Court’s Top Environmental Law Decisions of 2016
CEQA, Property Rights, Preemption & Clean Water Act Highlight Supreme Court’s Environmental Docket
While 2016 was a quiet year for the U.S. Supreme Court when it came to environmental law, the same cannot be said for the California Supreme Court. To the contrary, 2016 continued a pronounced and significant trend by the California Supreme Court justices in recent years to hear and decide numerous important environmental law issues …
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CONTINUE READINGThe Clean Water Act, Federalism, Big Money and the California Supreme Court
Ill-considered Supreme Court Decision Threatens California’s Administration of Clean Water Act Permit Program
The California Supreme Court recently issued a little-noticed decision on a seemingly arcane state public finance issue that could well wind up having a dramatic, negative effect on California’s continued ability to administer the federal Clean Water Act’s permit program in the Golden State. The case is Department of Finance v. Commission on State Mandates. In …
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