Junior appropriators can be cut off without a hearing

The Eighth Circuit has rejected a claim by farmers in Nebraska’s Niobrara Watershed that their civil rights were violated when the state’s Department of Natural Resources issued “Closing Notices” ordering them to stop drawing water. The farmers asserted that they were entitled to a due process hearing before the property rights granted by their state-issued …


Administration reportedly will put off Keystone XL decision

The Washington Post is reporting that the Obama Administration will study alternative routes for the Keystone XL pipeline, delaying a final decision on the pipeline until after the 2012 elections. There had been a perception that the Administration felt caught between environmentalists and unions on the pipeline issue. Nebraska’s opposition to the current proposed route, …


State AGs Ready to Attack Constitutionality of California’s AB 32

An important postscript to my earlier post regarding Berkeley Law’s/CLEE’s newly-published white paper on Proposition 23. That’s the California initiative measure that, if approved by voters this November, would suspend implementation of that state’s Global Warming Solutions Act, better known as AB 32. The San Francisco Chronicle reports today that the Attorneys General of Alabama, …