Regulation

Groundwater Recharge in the SGMA Era

California clarifies beneficial use guidelines for recharge projects addressing SGMA undesirable results

Implementation of the Sustainable Groundwater Management Act (SGMA) was always going to be tricky. Part of the necessary growing pains of SGMA is determining how the revolutionary statute interacts with traditional tenets of water law. As with any other sweeping legislative change, SGMA does not provide direct answers for every practical question which arises as …

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California groundwater management, science-policy interfaces, and the legacies of artificial legal distinctions

By Dave Owen and Michael Kiparsky

One of the many noteworthy features of California’s  Sustainable Groundwater Management Act (SGMA) is that it requires local government agencies to consider and address the effects of groundwater management upon interconnected surface water. That requirement is an important step towards rationalizing California water management, which has long treated groundwater and surface water as separate resources.  …

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Cleveland, City of Light, City of Magic

Newspaper Layoffs Claim The Plain Dealer’s Energy Reporting

On Tuesday, I wrote about the demise of local newspapers nationwide and in particular the collapse of the Cleveland Plain Dealer, arguing that universities need to fill the gap of quality journalism. I also suggested that this is an environmental issue, as it is local newspapers’ coverage of the environment that often drives the conversation. …

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What Else Should Congress Investigate?

Understandably, a lot of attention is focused on the White House. But other issues cry out for investigation.

Every day, it seems that there is a headline about some investigatiion  involving tcampaign finance violations, the White House, or the actions of some foreign power. Perhaps that’s all the bandwidth that Congress has. But there are other areas calling out for inquiry.  Here are just a few: CAFE Standards.  The car industry asked for …

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Trump Administration’s Cold Water War With California Turns Hot

Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo

When it comes to California water policy, the federal-state relationship has always been both strained and challenging.  That intergovernmental tension harkens back at least to the Reclamation Act of 1902.  In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state …

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Economists vs. Environmentalists: Time for Deténte?

You don’t have to love economics to see it as a possible ally.

Cost-benefit analysis has long been the target of environmentalist ire.  But one lesson of the Trump years has been that economic analysis can be a source of support for environmental policy — it is the anti-regulatory forces who have to fudge the numbers to justify their actions.  Most energy and environmental economists are aghast at …

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California Adopts New, Welcome Wetlands Protection Rules

State Fills Void Left By Trump Administration’s Weakening of Federal Wetlands Standards

This week California’s State Water Resources Control Board adopted important new rules to protect the state’s remaining wetlands resources.  Enacted after over a decade of Board hearings, workshops and deliberation, those rules are overdue, welcome and critically necessary.  Their adoption is particularly timely now, given the Trump Administration’s wholesale assault on and erosion of federal …

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EPA Shouldn’t Roll Back Coal Power Plant Emissions Standard, Conclude Experts in Electrical Grid Management and Pollution Control Technology Innovation

Emmett Institute Faculty File Two Comment Letters on Behalf of Experts, Demonstrating Flaws In Proposed Rollback of New Source Performance Standard for New Coal-Fired Power Plants

In 2015, EPA set greenhouse gas emissions standards for new coal-fired and natural gas-fired power plants under the Clean Air Act’s New Source Performance Standards program, Section 111(b) of the Act. These standards ensure that new plants can be built only if they incorporate state-of-the-art emissions controls. Unfortunately, in late 2018, the Trump Administration EPA proposed …

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Coastal Communities Demand EPA Update Decades-Old Oil Spill Regulations

Written in Collaboration with Camila Gonzalez*

Coastal communities are bracing themselves. Thirty years after the Exxon Valdez oil spill in Alaska, and almost nine years after the BP Deepwater Horizon rig explosion in the Gulf of Mexico, they are facing the threat of another catastrophic oil spill. The Trump Administration is paving the way. The Bureau of Ocean Energy Management will …

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Downgrading OIRA

The acting regulatory “czar” is the least experienced in history.

Overlooked amidst all the other news, the White House picked a new acting regulatory czar earlier this month. The acting Director of the Office of Information and Regulatory Affairs is Paul Ray, who is very junior and a virtual unknown.  It’s difficult to imagine that he’s going to be very effective at telling cabinet officials …

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