Disaster Law Archives - Page 11 of 14

Disaster Law

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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What’s New on the Seven Seas?

The scientific journal Nature reports on two recent research findings. One is bad news. I think the other is good news, but not everyone will agree. The first report (the bad news) is a reminder that ecological harm is a cumulative process: The [new] study suggests that the cold weather was the first of three …

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Supreme Court Declares Juries Responsible for Assessing Criminal Fines in Environmental Enforcement Cases

The Supreme Court on Thursday handed down its third and final environmental law decision of its current Term. (The case, Southern Union v. United States, is also significant for being the first criminal environmental enforcement case in the Court’s history) In a 6-3 decision, the justices ruled that criminal penalties sought by federal prosecutors in …

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A Run of Bad Luck

A Brookings report, The Year that Shook the Rich: A Review of Natural Disasters in 2011, points out that 2011 was the worst year in history in terms of costly natural disasters: 2011 was the most expensive year in terms of disaster losses in history, mostly because of a spate of disasters affecting developed countries. …

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Adapting to Increased Flood Risk in the Midwest

Here is a blog post about adapting to increased flood risk. I wrote it after reading this news release. This is the “classic adaptation two-step”. In the first step of the dance, climate scientists identify location specific climate trends. In this case, the RMCO research documents 50 year trends in increased flood risk …

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The NRC Ducks the Hard Questions

As Fukushima revealed, the Japanese nuclear industry had a very cozy relationship with regulators. That kind of coziness is not unheard of in the U.S. context, either. After the Three Mile Island accident, Congress divided the responsibilities of the Atomic Energy Commission, giving its mandate to promote nuclear power to DOE and its regulatory authority …

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Supreme Court Grants Review in Takings/Flooding Case

The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …

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The Supreme Court Strikes Down the Clean Air Act

Not, not really. Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law. I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry — an industry that …

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Deep Waters

Dean Rowan pointed me to a nifty interactive site dealing with sea level change. It covers the entire coastal U.S. You simply put in the name or zip code of the place your interested in, along with the amount of sea level rise (1-10 feet). You get a map of what parts of the city …

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Going Beyond the “Design-Basis Event”

A conventional approach to safety is based on the concept of design events. A building code might say, for example, that a building should be able to survive a 7.0 earthquake. This approach has been basic to the regulation of nuclear reactors. As the interim report of the post-Fukushima NRC task force explains: [The regulation[ …

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Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

The Ten Most Important U.S. Environmental Laws

Some of the choices may surprise you.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Is Activism a Part of Responsible Climate Scholarship?

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Big Oil Runs to the Supreme Court

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Will Biden and Trump Debate Climate Change?

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Major League Soccer’s LAFC Has a Big Oil Problem Too

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Disaster Law

TRENDING

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Building A Political Firewall Against IRA Repeal

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.