Water
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.
CONTINUE READINGThe 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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CONTINUE READINGThe 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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CONTINUE READINGCalifornia’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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CONTINUE READINGFunding 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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CONTINUE READINGCalifornia’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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CONTINUE READINGA 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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CONTINUE READINGThe 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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CONTINUE READINGArmy Corps finds environmental humor unfunny: Conan O’Brien and Los Angeles River navigability
As Holly has mentioned, last month, Conan O’Brien made humor out of the navigability of the Los Angeles River by attempting to canoe down it. Holly’s post describes the legal controversy over the “traditional navigable waters” determination for the L.A. River, an appeal of which is still pending. (I note that there’s a small …
CONTINUE READINGThe Supreme Court’s Love Affair with the Takings Clause–Not Over Just Yet
One of the biggest differences between the U.S. Supreme Court under former Chief Justice Rehnquist and the Court under current Chief Justice Roberts is the comparative interest in property rights and the Constitution’s Takings Clause. From 1978 until Rehnquist’s death in 2005, the Supreme Court heard one or more takings cases each Term–culminating in the …
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