water pollution
Gina McCarthy to be nominated as EPA head
As predicted by Cara recently in this space, it’s being widely reported (for example here) this morning that Gina McCarthy, currently EPA’s Assistant Administrator for the Office of Air and Radiation, is Obama’s pick to succeed Lisa Jackson as EPA Administrator. Cara sees this appointment as a good thing for EPA’s climate policy efforts and …
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CONTINUE READINGSupreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision
Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council. I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise. (If you’re unfamiliar with the case, the linked post explains in …
CONTINUE READINGThe strange saga of how Los Angeles County’s stormwater pollution ended up in the Supreme Court
Tomorrow, the Supreme Court will hear oral argument in Los Angeles County Flood Control District v. Natural Resources Defense Council. This case involves a lawsuit by clean-water advocates to require our County Flood Control District to take responsibility for ensuring that polluted stormwater doesn’t impair our local water quality in two local rivers. The Ninth …
CONTINUE READINGTMDL Fight Brewing in Chesapeake Bay
On December 29, 2010, EPA finalized a plan to reduce nutrient pollution in Chesapeake Bay by implementing a Total Maximum Daily Load (TMDL) budget using its Clean Water Act authority. That plan will require a 25% reduction in nitrogen, a 24% reduction in phosphorus and a 20% reduction in sediment throughout the watershed. This includes …
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CONTINUE READINGHappy Birthday, EPA!
Forty years ago, President Nixon created the Environmental Protection Agency by Executive Order. Here are some of the achievements that EPA lists on its EPA@40 website: [W]e’ve reduced 60% of the dangerous air pollutants that cause smog, acid rain, lead poisoning and more. clean air innovations like smokestack scrubbers and catalytic converters in automobiles have …
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CONTINUE READINGJerry Brown and the Environment
During the campaign, Jerry Brown stressed environmental issues. His campaign website has a very extensive list of proposed environmental policies. It’ no surprise that he favors AB 32 and renewable energy, as well as vigorous enforcement of other existing environmental laws. Some of the other policies are a little less familiar. Here are some that …
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CONTINUE READINGThe Unintended Consequences of Rapanos
In the Rapanos case, building on its previous ruling in SWANCC, the Supreme Court cut back on federal jurisdiction over water bodies. The issue before it was the government’s power to control filling of isolated wetlands, and it seems clear that the Court was solely focused on what it considered an inappropriate expansion of federal …
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CONTINUE READINGTwo Stories from Eastern Europe
Arthur Max from AP has an excellent piece on the environment in Eastern Europe, contrasting two rivers. The Danube flows through Germany and then Hungary, Slovakia, Croatia, Romania, and Bulgaria. It was an environmental disaster, but both the river itself and its environs have been improved greatly for three reasons: (a) the countries involved have …
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CONTINUE READINGOld MacDonald Had a Farm . . .
But unfortunately, the farm wasn’t as bucolic as you might imagine, as the NY Times reports: Agricultural runoff is the single largest source of water pollution in the nation’s rivers and streams, according to the E.P.A. An estimated 19.5 million Americans fall ill each year from waterborne parasites, viruses or bacteria, including those stemming from …
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CONTINUE READINGNews Flash: Supreme Court Decides Coeur Alaska
In an opinion by Justice Kennedy, the Supreme Court decided two issues in this case, over a dissent by Justice Ginsburg. The first was whether the Clean Air Act gives authority to the United States Army Corps of Engineers, or instead to the Environmental Protection Agency (EPA), to issue a permit for the discharge of …
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