Ecosystems
NEPA in the Ninth
Can an agency just shortcut the whole process? The 9th Circuit says no.
On Wednesday, the Ninth Circuit decided a NEPA case that discusses two interesting issues. But what’s most striking isn’t what the court did discuss but what it didn’t mention : the fact that last year’s NEPA amendments speaks directly to one of those issues. Apparently the word that NEPA was extensively amended a year ago …
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CONTINUE READINGDeciphering NEPA 2.0
Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before — and discuss …
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CONTINUE READINGMisusing Carbon Removal as a Climate Response
Carbon removal is an alluring idea. That also makes it a tempting façade for bad policies.
It seems clear that in some form, carbon removal is going to be an important component of climate policy, especially later in the century to deal with carbon levels that overshoot the targets in the Paris Climate Agreement. The problem is not with the concept but with its misuse. One of the risks that …
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CONTINUE READINGThe Long Life and Sudden Demise of Federal Wetlands Protection
Here’s a timeline of events.
It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. United States. It is only when you look back at the history of federal wetland regulation that you realize just …
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CONTINUE READINGEmmett Institute Symposium: Powering the Future
This is a critical moment in the energy transition for plotting the course of mineral extraction, with communities and the environment in mind.
If you ever find yourself passing through southwest Montana, go visit the Berkeley Pit and contemplate resource extraction. You pay a couple bucks to a guy in a trailer; walk under some razor wire and through a long, disorienting white tunnel; then stand and stare out at the most beautiful turquoise sea of toxic …
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CONTINUE READINGEvaluating Voluntary Agreements in the Bay-Delta Watershed
by Nell Green Nylen, Felicia Marcus, Dave Owen, and Michael Kiparsky
Updates to flow and other regulatory requirements for California’s Bay-Delta watershed are long overdue. For much of the last 12 years, state political leadership has prioritized efforts to develop voluntary agreements (VAs) with water users over completing updates to the watershed’s water quality standards. Now the State Water Resources Control Board has restarted the regulatory …
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CONTINUE READINGPearl Harbor Today
82 years after the attack, what is the state of the harbor?
Today is Pearl Harbor Day, the anniversary of the Japanese attack that launched the U.S. into World War II. Those of us who don’t live in Hawaii may not think much about the harbor, but I started to wonder how things were going environmentally there. The geography is more complex than I had expected. I …
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CONTINUE READINGA $1 Billion Investment in the ‘New Forest Economy’
A global group of governors just issued a call-to-action for more flexible funding for forest protection. Here’s why that’s important.
On December 5, as the 28th Conference of the Parties (COP28) to the United Nations Framework Convention on Climate Change continues full swing in Dubai, Governors, Indigenous Peoples, and other partners of the Governors’ Climate and Forests Task Force (GCF Task Force), launched an urgent call-to-action to finance what they are calling the “New Forest …
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CONTINUE READINGRecharge net metering (ReNeM) provides win-win-win for groundwater agency, landowners, & sustainable groundwater management
Nature Water publication showcases the economics of a novel groundwater recharge incentive structure
By Molly Bruce, Luke Sherman, Ellen Bruno, Andrew T. Fisher, & Michael Kiparsky An insidious issue has been growing along the Central Coast and throughout the state of California for decades: groundwater overdraft. In response to this growing threat and 2014 legislation designed to put an end to chronic overdraft, many basins have identified managed …
CONTINUE READINGThe Not-So-Good News About Carbon Offsets
Recent studies show the significant limits to some carbon offsets. What’s that mean for tropical forest jurisdictions?
In case you missed it: there’s some good news about Amazon deforestation continuing to plunge. Jason Gray and I spoke recently about why tropical deforestation is down in Brazil, Colombia, and Indonesia. That’s good news because deforestation of tropical forests is a huge source of greenhouse gas emissions. The World Resources Institute’s Forest Pulse report …
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