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The role of regulatory relationships in wastewater innovation

Five boxes are shown, one for each of the 5 characteristics. Arrows connect some of the boxes to one another. The first box is for “clarity.” It says “The relationship establishes explicit and mutually understood expectations regarding the utility’s and regulator’s respective responsibilities and goals.” The second box is for “capacity building.” It says “The relationship builds knowledge and abilities for both the utility and the regulator.” The third box is for “continuity.” It says “The relationship begins early and continues throughout project development and implementation.” The fourth box is for “trust.” It says “The relationship fosters willingness by the utility and regulator to take risks in exchange for the other party’s capability and willingness to deliver on commitments, as well as public confidence in both.” Finally, the fifth box is for “bounded flexibility.” It says “The relationship maintains the ability to adjust and adapt over time, including by (1) supporting project refinement, learning, and adjustment and (2) exploring the appropriate use of regulatory discretion.” Three arrows point from the clarity box to other boxes. One arrow points to the capacity building box and says “Helps parties identify their information needs.” A second arrow point to the trust box and says “Helps parties understand one another’s goals, responsibilities, and constraints + identify areas of alignment.” The third arrow points to the bounded flexibility box and says “Helps parties identify where flexibility may be possible and beneficial.” Two arrows point from the capacity building box to other boxes. One points to the trust box and says “Builds project-specific knowledge + builds ability to deal with innovation.” The other points to the bounded flexibility box and says “Supports project refinement and adjustment.” Four arrows point from the continuity box, one to each of the other four boxes. The arrow to the clarity box says “Maintains understanding of parties’ goals and expectations.” The arrow to the capacity building box says “Supports developing and maintaining the parties’ institutional and project-specific knowledge.” The arrow to the trust box says “Demonstrates a pattern of good-faith interactions.” The arrow to the bounded flexibility box says “Enables ongoing engagement around adaptive management + regulatory discretion.” Finally, an arrow points from the trust box to the bounded flexibility box. It says “Increases willingness to use adaptive management + supports exploring regulatory discretion.”

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Public water and wastewater utilities are increasingly struggling to meet society’s expectations. Their basic infrastructure is aging, budgets are tight, and they face a barrage of stressors, from population growth to climate change and shifting regulatory expectations. What’s more, in addition to performing their traditional function of protecting human health and water quality, many wastewater …

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New York’s New Environmental Justice Law

Unless amended or carefully implemented, there’s a risk the law could hurt the communities it’s meant to serve.

New York has enacted what may be the country’s most stringent environmental justice law. The state deserves credit for its commitment to remedying the unfair pollution burdens placed on disadvantaged communities. The law is so broadly worded, however, that it may have the potential to prevent economic development that would aid those communities, or even …

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The Side Deal

How would the Manchin-Schumer deal on permitting impact the environment?

To get Manchin’s vote for the $379 billion in environmental spending in the IRA bill, Schumer and other congressional leaders had to agree to support Manchin’s efforts to speed up the permit system. At this point, all we have is a one-page list of permitting changes that would form the basis of a new bill. …

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An Abundance Research Agenda

If we need to build lots of things fast to address climate and housing crises, how will we do that?

There’s been a lot of buzz about this column by Ezra Klein in the New York Times. Klein’s basic argument: We need to do a lot of infrastructure and other development projects to make the world a better place. For example, we’ll need to build power lines and renewable projects to address climate change. But …

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Water right permitting options for groundwater recharge: Avoiding unintended consequences

by Kate Fritz and Nell Green Nylen

Efforts to boost groundwater recharge are critical to making California’s limited, and increasingly volatile, water resources go further. Recharge is playing a growing role in maintaining groundwater as an effective drought reserve and in slowing or reversing the effects of years of unsustainable groundwater pumping. But implementing recharge projects is not easy. Water managers face …

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House Subcommittee Considering Clean Air Act Amendments to Weaken Bedrock of Stationary Source Permitting

Proposed changes to NSR could have significant impact on EJ communities

The House Energy and Commerce Subcommittee on Environment is currently considering amendments designed to weaken the New Source Review permitting program. The GOP proposal has been floating around since a discussion draft was released in May based on a bill introduced last year by Rep. Morgan Griffith (R-Va.), but seems to have flown under the radar until …

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General Permits and the Regulation of Greenhouse Gases

The Supreme Court ignored a major option for effective regulation

Author’s Note: The following post is co-authored by Eric Biber and J.B. Ruhl, the David Daniels Allen Distinguished Chair of Law and the Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. It is also cross-posted at Reg Blog. Reg Blog, supported by the U Penn Program on Regulation is an …

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Is EPA backtracking on Clean Air Act greenhouse gas regulation?

UPDATE: Cara discusses in this post some further developments that make the EPA’s plans more concrete, and concludes that the EPA is backtracking significantly from its proposed rule by delaying the timetable and by regulating fewer facilities. **** Last fall, our Environmental Protection Agency appeared to be on the verge of moving very quickly to …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Dangerous Hypocrisy of Elon Musk

Tesla CEO Elon Musk wants to slash government and regulations for a Trump administration—even though California regulations helped build his companies.

The Morning After

Given Trump’s victory, what can be done to save the planet?

California Must Not Abandon its Climate Leadership

California’s Low Carbon Fuel Standard has been successful. CARB should update the program without undermining its fundamental features.

NEPA in the Supreme Court (Part I)

A pending case could mean radical retrenchment of a foundational environmental law.

The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

New Environmental Laws Focus on Public Health

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.

The Yankees Already Beat the Dodgers at One Thing

The Yankees recently dropped Hess Oil from their outfield scoreboard. But in LA, the Dodgers’ Big Oil sponsorship with 76 gas is on full display in the 2024 World Series.

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by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Unless amended or carefully implemented, there’s a risk the law could hurt the communities it’s meant to serve.

How would the Manchin-Schumer deal on permitting impact the environment?

If we need to build lots of things fast to address climate and housing crises, how will we do that?

by Kate Fritz and Nell Green Nylen

Proposed changes to NSR could have significant impact on EJ communities

The Supreme Court ignored a major option for effective regulation

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

The Dodgers do business with a company that’s been polluting LA neighborhoods — and the climate — for years. Now, Phillips 66 faces federal charges of illegal wastewater dumping.

Some deep-seated dividing lines in U.S. politics seem to be eroding, with potential implications for climate policy.

Notes from COP29 in Baku, where the subject of real money, U.S. politics, and other tricky factors are converging.

The clock is ticking, but there’s still time for a few important last things.

The Burden on Ratepayers Is Not Sustainable

Select mechanisms can help ensure that energy projects deliver meaningful benefits for California communities

New Trump administration policies will impact the energy industry, but maybe not in the ways Trump supporters expect, writes Guest Contributor Allan Marks.

New CLEE report examines a prerequisite for fair and effective water markets

Understanding how causation applies for NEPA reviews.

Our guide to understanding how causation applies for NEPA reviews.