drought
California Courts Foil Westlands Water District’s Grinch-Like Water Grab
Westlands’ Efforts to Permanently Privatize California Water Opposed by Unique Coalition & Rejected by Skeptical Judges
While there’s a great deal that’s dysfunctional and downright wrong about water law and policy in California, occasionally there are positive developments to report. So it’s most satisfying to end 2023 with some good news regarding water in the Golden State. This is the saga of how the Westlands Water District tried to privatize a …
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CONTINUE READINGIt’s High Time to Ban “Monster Fracking” in California
Fracking consumes enormous amounts of water, pollutes aquifers & is contrary to our climate goals
Recently, the New York Times published an important and disturbing expose’ titled, “‘Monster Fracks’ Are Getting Far Bigger. And Far Thirstier.” The Times article focuses on the alarming intersection of three current environmental crises–water supply shortages, groundwater contamination, and excessive greenhouse gas emission levels–that threaten California and other states across the nation. Fracking (the shorthand …
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CONTINUE READINGTo Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment
by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann
After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and …
CONTINUE READINGClimate Rides the Omnibus
The year-end law gives a boost to climate-related spending
The omnibus spending bill is by no means a “climate law.” Because it spans the entire government, though, it has many provisions relating to climate change. They aren’t dramatic step forward. But the fact that they can pass as part of a bipartisan spending law is a sign of how climate change is slowly becoming …
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CONTINUE READINGDesalination: An Essential Part of California’s Water Future
Coastal Commission’s Recent Rejection of Huntington Beach Desalination Project Misguided
Let me begin this commentary with a disclaimer: I was an early and strong proponent of Proposition 20, the successful 1972 California voter initiative measure that enacted the Coastal Act and created the California Coastal Commission (albeit temporarily). I supported with equal enthusiasm the state Legislature’s 1976 enactment of legislation making both the Coastal Act …
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CONTINUE READINGFacing Up to Reality
More frequent heat waves. Droughts. Wildfires. The West is getting a glimpse of its future climate.
The western U.S. is staring climate change in the face. Most of the West is experiencing “severe” or “exceptional” drought. We could be heading into the worst drought period in centuries. Major dam reservoirs are down to record low levels. The region is also in the grips of a record-breaking heatwave. We can expect another …
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CONTINUE READINGHot Spots
Climate change isn’t uniform. Some parts of the U.S. are seeing conditions that won’t hit elsewhere for decades.
Friday’s Washington Post had a fascinating article about climate change hotspots within the United States. The largest one was on the Western Slope of the Rockies, which has already seen 2 °C of warming. The story is a reminder that the impacts of climate change will be global and yet also very much local. Before …
CONTINUE READINGCalifornia Appellate Court Upholds Water Board’s Broad Drought Response Authority
Court of Appeal Rejects Water Users’ Legal Challenge to Board’s Emergency Regulations, Temporary Curtailment Orders
California’s Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board’s temporary emergency drought response regulations–enacted in 2014-15–as well as related curtailment orders the Board issued to specific water users to implement those regulations. In doing so, the Water Board rejected a legal challenge agricultural water users brought against …
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CONTINUE READINGBless the Rains Down in Los Angeles
As a wet winter approaches, Los Angeles County focuses on initiatives to capture rainwater and reduce ocean runoff
(Note: I previously wrote a law review article published in 2016 in the Villanova Environmental Law Journal, accessible here, about related policy suggestions for improving rainwater capture in reference to the Sustainable Groundwater Management Act.) If you live in California, or have been in the state over the last couple weeks, you’ll know that we …
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CONTINUE READINGThe World’s Looming Water Crisis
Climate Change Worsens Chronic Water Shortages for One-Quarter of Earth’s Population
The World Resources Institute recently released a disturbing report chronicling increased, dire water shortages around the globe that threaten millions of the earth’s inhabitants. Climate change is a major contributing factor. Public health crises, social unrest and global political conflicts are the inevitable consequences if the problem is not addressed successfully–and soon. “17 Countries, Home …
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