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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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The Mystery of the Missing Stay Order

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

The COP28 Halftime Report

Has the annual UN climate conference grown too big to function? Takeaways from Week 1 of COP28 in Dubai.

Pearl Harbor Today

82 years after the attack, what is the state of the harbor?

A $1 Billion Investment in the ‘New Forest Economy’

A global group of governors just issued a call-to-action for more flexible funding for forest protection. Here’s why that’s important.

Is “carbon management” just another COP-out?

Fudging the differences between carbon capture and carbon removal risks weakening climate action

Addressing Corruption In Electric Vehicle Battery Supply Chains

New CLEE/NRGI issue brief offers solutions

The New Frontier of Methane Regulation 

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 

When Communities Take Over Their Energy Systems

Is Local Control A Good Thing? It’s Complicated . . .

Climate Change and the Hard-Headed Realist

Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.

Why Do Small Changes in Global Temperature Matter So Much?

One problem is that we’ve pursued optimization rather than robustness.

A Guide to Environmental Law Centers

There are twenty and the list is growing.

Climate Policy in the World’s Fourth Largest Country

In case you’re wondering, that would be Indonesia in terms of population.

How to Get to Zero Emissions at the Ports

A new report by UCLA and UC Berkeley examines policy solutions to accelerate deployment of zero-emission cargo handling equipment at the Ports of Long Beach and Los Angeles.

Have We Begun the Third Age of Climate Law?

Some thoughts for Environmental History Week.

Why There is (Still) a Carrot Boycott in Cuyama Valley

Bolthouse Farms and Grimmway Farms are technically no longer plaintiffs in the lawsuit they launched. But their water war wages on.

U.S.-China Climate Deal Means Good Vibes for COP28

Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.

Climate Backlash

Vicious attacks on climate progress are on the rise.

When Communities Take Over Their Energy Systems

Is Local Control A Good Thing? It’s Complicated . . .

The New Frontier of Methane Regulation 

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 

permitting

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

TRENDING

Why is the Supreme Court waiting for weeks to dispose of a demand for extraordinary intervention in a routine situation?

Has the annual UN climate conference grown too big to function? Takeaways from Week 1 of COP28 in Dubai.

82 years after the attack, what is the state of the harbor?

A global group of governors just issued a call-to-action for more flexible funding for forest protection. Here’s why that’s important.

Fudging the differences between carbon capture and carbon removal risks weakening climate action

New CLEE/NRGI issue brief offers solutions

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation.

Is Local Control A Good Thing? It’s Complicated . . .

Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.

One problem is that we’ve pursued optimization rather than robustness.

There are twenty and the list is growing.

In case you’re wondering, that would be Indonesia in terms of population.

A new report by UCLA and UC Berkeley examines policy solutions to accelerate deployment of zero-emission cargo handling equipment at the Ports of Long Beach and Los Angeles.

Some thoughts for Environmental History Week.

Bolthouse Farms and Grimmway Farms are technically no longer plaintiffs in the lawsuit they launched. But their water war wages on.

Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.

Vicious attacks on climate progress are on the rise.

Is Local Control A Good Thing? It’s Complicated . . .

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation.

Fudging the differences between carbon capture and carbon removal risks weakening climate action

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 