Water

Supreme Court agrees to hear TX-OK water dispute: Tarrant Regional Water District v. Herrmann

On Friday, the U.S. Supreme Court agreed to review Tarrant Regional Water District v. Herrmann (No. 11-889), an appeal from the 10th Circuit regarding apportionment of the Red River, which forms the southeastern border between Oklahoma and Texas.  At issue before the Court is whether it is “OK” for a Texas water supplier to obtain …

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Overdrafting California’s Groundwater Resources–A Chronic Condition

A recently issued study by a University of Texas-led group of research scientists confirm a discomforting fact: groundwater resources in California’s Central Valley are being depleted at an alarming rate.  As reported in the Sacramento Bee, the study warns that current groundwater extraction rates from the Central Valley aquifer–which is primarily mined to serve agricultural …

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Tunnel vision in environmental law and policy

One of the reasons that environmental law and policy is so interesting, and so challenging, is that it is very, very difficult to reduce what we mean by “environmental quality” to one single metric.  A couple of recent posts by a leading progressive policy blogger (Matt Yglesias) make this point very well.

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The Delta 101: Of Levees, Canals & Whiskey

Nearly four out of five Californians do not know what the Delta is, according to a January 2012 poll.  That’s 78 percent of the population.  And 86 percent of southern Californians have never heard of it.  Yet, 25 million people and 3 million acres of farmland rely on the Delta for at least a portion …

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The First Federal Environmental Law Decision

Of course, it’s a bit arbitrary to pick one case as the first environmental law decision.  Many people would probably name the Scenic Hudson opinion, but my nominee would be a decision many decades earlier: Woodruff v. North Bloomfield Gravel Mining Co., 18 F. 753 (C.C.Cal. 1884).  What makes it reasonable to call this the …

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California’s Delta Stewardship Council Gets Down to Business

Today California’s Delta Stewardship Council begins its deliberations on a Delta Plan that promises to be a big part of the answer to one of that state’s most pressing environmental questions: can California’s Delta be saved? Creation of the Delta Stewardship Council was a key element of landmark 2009 California legislation designed to address the …

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Funding dam removal

Many of you have probably heard of the settlement agreements in Klamath River Basin. For those who have not, the short version is that most participants signed two agreements: the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement. The Hydroelectric Settlement lays out a process that could culminate in the removal of four …

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California’s Delta & Water Reforms: Now the Hard Work Begins

Last fall’s passage of landmark California legislation to “fix” the Sacramento-San Joaquin Delta and reform California water law was big news. But key, recent events demonstrate that the devil is truly in the details, and that while legislation certainly matters, it is the manner and means of executive branch implementation that ultimately spell success or …

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A Hard Rain’s Gonna Fall — and Then Get Wasted

A friend from New York, recently transplanted to Los Angeles, has watched aghast as, again and again, weather reporters have greeted any local rainfall more than 1″ with feverish STORMWATCH headlines.  That said, the Southland got hit with quite a storm these last 48 hours. “Well,” say most Angelenos unaccustomed to precipitation.  “At least we …

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The Top 10 Environmental Developments of 2009

10. Cass Sunstein becomes regulatory czar. Sunstein is a true believer in cost-benefit analysis, the bête noire of many an environmentalist.  Obama’s appointment of Sunstein to oversee health and environmental regulations may put the brakes on regulatory initiatves. 9.  California passes AB 758. The first mandate for energy efficiency standards for existing buildings. 8. Water …

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