Oceans
Upcoming Regulatory Cases in the Supreme Court
Two pending cases could result in big cuts to agency powers
Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of …
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CONTINUE READINGThe Riddle of the Maldives
The Maldives is one of the nations most vulnerable to rising sea levels. So, why is climate change not a topic of discussion here?
It was the site for one of the most iconic climate policy photos. In the run-up to the Copenhagen climate negotiations in 2009, President Mohamed Nasheed held a cabinet meeting in scuba gear 20 feet underwater to show what awaited the low-lying island nation of the Maldives if serious action were not taken to reduce …
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CONTINUE READINGHow Much Rain is L.A. Capturing?
Local measures like Measure W are working. But more needs to be done to capture stormwater and rainwater.
At least nine atmospheric rivers blasted California between December 20th and January 15th, causing flooding and extensive damage, while also delivering much needed precipitation to our parched state. The Los Angeles County Public Works Department announced recently that more than 33 billion gallons of stormwater have been captured in the early months of the winter …
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CONTINUE READINGThe Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022
Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year
I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law. That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …
CONTINUE READINGCalifornia Offshore Wind Auction Results in Five Provisional Winners
First Lease Auction Held in the Pacific
Katherine Hoff, CLEE Research Fellow, also contributed to this post. On Wednesday, the U.S. Department of the Interior’s Bureau of Ocean Energy Management (BOEM) announced the provisional winners of the first offshore wind energy lease auction in the Pacific. The five leases—three off of Morro Bay and two off of Humboldt—fetched more than $757 million …
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CONTINUE READINGHappy 50th Anniversary, Federal Clean Water Act
One of America’s Foundational Environmental Laws Has Proven Transformational, But Requires Updating a Half-Century Later
The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. It’s proven to be one of the most successful of America’s bedrock federal environmental statutes. But the CWA is far from perfect, needs some important updating, and will probably never fully achieve the aspirational goals Congress proclaimed …
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CONTINUE READINGCalifornia Adopts Nation-Leading Legislation to Cut Plastic Pollution
Extended producer responsibility law will reduce single-use waste and shift responsibility to industry
In a welcome reprieve from news coming out of the Supreme Court, here’s an uplifting story from the Golden State: On Thursday, Governor Newsom signed SB 54, a comprehensive piece of legislation aimed at significantly reducing single-use waste. The law will affect just about every type of plastic packaging you see walking down the supermarket …
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CONTINUE READINGDesalination: An Essential Part of California’s Water Future
Coastal Commission’s Recent Rejection of Huntington Beach Desalination Project Misguided
Let me begin this commentary with a disclaimer: I was an early and strong proponent of Proposition 20, the successful 1972 California voter initiative measure that enacted the Coastal Act and created the California Coastal Commission (albeit temporarily). I supported with equal enthusiasm the state Legislature’s 1976 enactment of legislation making both the Coastal Act …
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CONTINUE READINGEveryday Christmas: The Gift of the Commons
Clean air. Clean water. We receive these public goods every day without payment
One of the Christmas classics is the Jimmy Stewart movie, It’s a Wonderful Life. Stewart is despondent about his life but then learns how much he has unknowingly helped others and how grateful they are. There’s a flip side to that story: the need to remember how much others have contributed to our own lives. …
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CONTINUE READINGDownstream Emissions
A new court ruling could doom the Trump Administration’s ANWR plan.
A Ninth Circuit ruling yesterday overturned approval of offshore drilling in the Arctic. The ruling may directly impact the Trump Administration’s plans for oil leasing in the Arctic National Wildlife Refuge (ANWR). By requiring agencies to consider emissions when fossil fuels are ultimately burned, the Court of Appeal’s decision may also change the way that …
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