Water
Why Did Conservatives Support Saving Mono Lake?
The Skillful — and Lucky — Alliance Between Locals and Environmentalists
A little more than a year ago, I asked how the Mono Lake Campaign succeeded. I had previously suggested that a principal cause of the Mono Lake Committee’s success was the enemy: the arrogant, bullying, and reactionary Los Angeles Department of Water and Power. Everyone in the state “knew” that Los Angeles had “stolen” its …
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CONTINUE READINGRain-Free January Portends Continued California Drought of Increased Severity
Severe Reduction in Sierra Snowpack Another Sign That State’s Worst Drought Just Gets Worse
January 2015 ends with a most dubious distinction: it’s been the driest January in recorded California history. That’s especially bad news, considering that January has traditionally been the wettest month of the year in the Golden State. According to National Weather Service and California Department of Water Resources (DWR) statistics, the alarming precipitation figures for Northern …
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CONTINUE READINGCalifornia’s Water Law Symposium–A Law Student Success Story
Students From Six Northern California Law Schools Collaborate in a Big and Unconventional Way
The 11th Annual Water Law Symposium was held last weekend at Golden Gate University Law School in San Francisco. The event drew a standing-room-only crowd of water law scholars, practitioners and policymakers, who devoted the day to a thoughtful and lively examination of how California’s constitutional law doctrine of reasonable use affects all facets of …
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CONTINUE READINGIs California Finally Ready to Get Serious About Groundwater Reform?
Prospects Good for Passage of Landmark Groundwater Legislation
California, which prides itself as being a national and international leader in so many areas of environmental policy, lags woefully behind other jurisdictions when it comes to at least one subject area: groundwater regulation. Alone among the Western states in the U.S., California lacks any statewide system of groundwater regulation and planning. (Until a few …
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CONTINUE READINGCalifornia Court Upholds State Water Board’s Broad Authority to Ban Unreasonable Uses of Water
Ruling is Especially Timely, Given California’s Ongoing and Severe Drought Conditions
I recently wrote about a then-pending court case in which California grape growers were challenging the State Water Resources Control Board’s limits on the growers’ diversion of water from California rivers and streams to provide frost protection for their grapes. That litigation is important because it goes to the heart of the Board’s authority under …
CONTINUE READINGThe Missing of Summer Lawns*
It’s Time to End the Wasteful Practice of Irrigating California’s Residential Landscaping With Fresh Water
What a difference a drought makes. Once upon a time, a fundamental attribute of home ownership in California and the American West was an expansive, verdant lawn surrounding private homes, townhouses and apartment complexes. Indeed, some communities have historically imposed permit conditions or adopted local ordinances mandating the inclusion and maintenance of lush, healthy lawns …
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CONTINUE READINGIt’s Not Waste, It’s An Ecosystem
Letting rivers flow supports ecosystems and people
One thing that droughts in the West provoke are political battles over water. The drought that California is currently in is no exception. Republicans in the U.S. House of Representatives have just passed a bill that would – more or less – exempt farmers in the Central Valley from environmental laws like the Endangered Species …
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CONTINUE READINGCalifornia Headed for Record Drought: Will Critically-Needed Reforms Follow?
Confronting a Looming Environmental Disaster
The Sacramento Bee’s fine environmental reporter, Matt Weiser, yesterday reported on a looming, major drought facing California and its regional neighbors. The figures aren’t pretty. A persistent high-pressure front stretching over the Gulf of Alaska and most of the Northern Pacific has diverted the normal fall and winter storm track away from California and other …
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CONTINUE READINGGood environmental data matters for environmental litigation
If you aren’t reading Dave Owen’s blog posts over at Environmental Law Prof Blog, you should be. His most recent post is about a recent Endangered Species Act (ESA) case in Texas: Environmental plaintiffs sued, arguing that the state of Texas had allowed too many water withdrawals upstream from the Aransas National Wildlife Refuge, a critical breeding …
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CONTINUE READINGLA River Supreme Court opinion: narrow or broad-reaching?
As Sean posted yesterday, the U.S. Supreme Court issued its rather short opinion in Los Angeles County Flood Control District v. NRDC. Rather unsurprisingly, the Court ruled that water that flows from an improved (channelized) portion of a river to an unimproved portion of that same river cannot be considered a “discharge of pollutants” under the Clean …
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