Regulatory Policy
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
Recently I’ve posted stories about efforts to enforce California’s water laws in the face of efforts by some diverters to evade and ignore limits on their ability to privatize public water resources–especially in times of critical drought. One post focused on the federal government’s successful criminal prosecution of a San Joaquin Valley water district manager …
CONTINUE READINGReforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent
Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally
In a Legal Planet Post earlier this week, I recounted the saga of how federal prosecutors recently secured the criminal conviction of Dennis Falaschi, the former San Joaquin Valley water district general manager who oversaw the decades-long theft of millions of gallons of publicly-owned water from California’s Central Valley Project. That successful prosecution certainly qualifies …
CONTINUE READINGHypothetically Speaking: What if Trump Had Won in 2020?
In terms of climate policy, the short answer is “nearly total destruction.”
Trump’s end point from his first term — zeroing out federal climate action — would have been his starting point after reelection. The next steps would have been an effort to end state-level and private climate action, and a massive increase in oil & gas production and use.
CONTINUE READINGA Brazen California Water Heist Revealed, Prosecuted & Punished
San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years
Recently, former Panoche Drainage District general manager Dennis Falaschi pled guilty in federal district court in Fresno to having conspired to steal millions of gallons of publicly-owned water from California’s Central Valley Project (CVP) for private gain. This surreptitious water theft apparently had been going on for well over two decades before Falaschi was finally …
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CONTINUE READINGWhy a Bird in the Hand is Worth Two in the Bush — Especially When the Issue is Climate Change
Climate action is too urgent to insist on waiting for perfect solutions
It’s an ancient dispute: Should we compromise on half-measures, or hold out until we can get something a lot better? Idealists argue for holding out. Pragmatist argue that half a loaf is better than none. Rather than rehearse familiar arguments, I want to focus specifically on climate change. In my view, holding out for ideal …
CONTINUE READINGFlorida Governor DeSantis’ Head-In-The-Sand Climate Change Policies
New Florida Law Strikes Term “Climate Change” From State Laws, Promotes Fossil Fuels & Rejects Renewable Energy Projects
Florida Governor Ron DeSantis, in coordination with an equally myopic and partisan Florida Legislature, has approved new state legislation (HB 1645) that eliminates the term “climate change” from numerous existing Florida statutes that former Republican Governor Charlie Crist signed into law in 2008. The legislation, which takes effect on July 1st, is not just symbolic: …
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CONTINUE READING30 Major Climate Initiatives Under Biden
By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.
In his four years in office, Donald Trump rolled back essentially every existing federal policy to limit climate change. The picture under the Biden Administration has been a dramatic reversal, enacting lots of environmental protections and starting to spend tens of billions of dollars. By one count, Biden has overturned more than two dozen of …
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CONTINUE READINGJudicial Deference to Agencies: A Timeline
Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.
The Supreme Court is about to make a major decision about the balance of power between courts and agencies like EPA. Here’s what you need to know about the history if the issue to understand what’s going today.
CONTINUE READINGWhy the New Climate Reg for Coal is a Perfectly Normal EPA Rule
EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.
The problem isn’t that EPA’s new climate regulation for power plants will crush the coal-fired generation industry. It’s that much of the industry is so economically weak it can’t survive any kind of regulation.
CONTINUE READINGFilling in the Picture: The Latest From Kennedy about Climate
Here’s what Kennedy says about his campaign, its effect on the race, and climate change.
Some of RFK Jr.’s views about climate change may be what you expected. Others may surprise you, like his embrace of natural gas as a fuel and his reservations about regulating emissions.
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