Clean Water Act
The 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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CONTINUE READINGOf Pipelines, Protests, and General Permits
A fight in North Dakota reveals problems in how we permit and review large infrastructure projects
Native American tribes and environmental groups are currently protesting the completion of an oil pipeline in North Dakota. The pipeline would travel beneath the Missouri River. Tribes and environmentalists are fighting the pipeline both through litigation and also through direct action (occupying the site where the construction to complete the pipeline beneath the river would …
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CONTINUE READINGStrong Regs, Spotty Enforcement
Environmental enforcement could use a big boost.
The political debate over regulation tends to focus on the regulations themselves. But enforcing the regulations is just as important. Despite what you might think from the howls of business groups and conservative commentators, the enforcement system is not nearly as strong as it should be. Twenty years after passage of the Clean Water Act, roughly …
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CONTINUE READINGSupreme Court Deals Obama Administration Blow in Clean Water Act Case
Supreme Court allows lawsuits early in Clean Water Act permitting process, as Justice Kennedy ominously questions the Act’s reach
The Supreme Court today dealt another blow to the Obama administration in a Clean Water Act case. The Court’s unanimous opinion in United States Army Corps of Engineers v. Hawkes Co., No. 15-290, addressed the finality of an Army Corps “approved jurisdictional determination” (JD) on whether a particular parcel of property contains “waters of the …
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CONTINUE READINGOf sewage spills and citizen suits
New Berkeley Law report examines citizen actions addressing sanitary sewer overflows in California
(This post is co-authored with Nell Green Nylen and Michael Kiparsky.) Every day, Californians produce millions of gallons of wastewater. We tend to avoid thinking about what flows down our drains, but how we deal with sewage is a critically important aspect of public and environmental health. Most communities in California rely on an extensive …
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CONTINUE READINGThe Next Justice and the Fate of the Clean Water Act
A comment by Justice Kennedy reminds us of just how much is at stake.
Every once in a while, we get reminded of just how much damage the conservative Justices could wreak on environmental law. Last week, Justice Kennedy created shock waves with a casual comment during oral argument. In a case that seemed to involved only a technical issue about administrative procedure, he dropped the suggestion that the …
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CONTINUE READINGCould a Riparian Conservation Network increase the ecological resilience of public lands?
A new article suggests river corridors could leverage existing policies to build habitat connectivity
As we try to protect biological diversity for the future, a perpetual challenge is ensuring that the strategies we adopt today will continue to work in the face of changing conditions. How can we design conservation approaches that will be resilient in the face of environmental challenges that will only become more severe in coming years? …
CONTINUE READINGLegal Responses to the Santa Barbara Refugio Oil Spill
Exploring potential penalties and damages
Last Tuesday, a 24-inch underground oil pipeline on the beautiful Santa Barbara County coastline burst for reasons as of yet unknown. Over the course of several hours, an estimated 101,000 gallons of crude oil spilled down a storm drain, on the shoreline, and into the Pacific Ocean. As of late last week, oil had spread …
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CONTINUE READINGIt’s a Wonderful Law?
A thought experiment about the role of the ESA in California water management
[This post is co-authored by A. Dan Tarlock, Distguished Professor of Law, IIT Chicago-Kent College of Law.] Remember the movie “It’s a Wonderful Life,” which shows up on TV every year at Christmas season? In it George Bailey, played by Jimmy Stewart, gets a great gift from Clarence, an angel-in-training who intervenes as George is …
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CONTINUE READINGAccelerating Cost-Effective Green Stormwater Infrastructure: Learning from Local Implementation
A new Berkeley Law report
California decision makers focused on responding to the current drought might question whether stormwater deserves a slice of their attention right now. Although it might be tempting to relegate stormwater planning, management decisions, and infrastructure improvements to a back burner until drought concerns cool off, doing so would be counterproductive. Below, I explain why stormwater management is relevant …
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