Water
How broad does Clean Water Act 401 certification sweep?
Recent disputes over infrastructure projects highlights the importance of the question
Another issue for ping-pong governance over the past few years has been certification under Section 401 of the Clean Water Act. For those of you who are not deep into the weeds of the Clean Water Act, Section 401 requires (a) federal agencies that are issuing licenses or permits that (b) result in discharges to …
Continue reading “How broad does Clean Water Act 401 certification sweep?”
CONTINUE READINGFirst Monday? More Like ‘First Moanday.’
Since conservatives got a supermajority on the Supreme Court, it’s been on an anti-environmental tear.
Never say never. Maybe someday the Court will surprise us with a big win for the environment. But it would be foolish to count on that. We can also hope that the Court will do other good things, such as reining in Trump’s executive overreach. But it would be foolish to count on the Court to take a stand in favor of environmental protection.
CONTINUE READINGOwens Valley Redux: Los Angeles was Right
Far from a theft, the decision to divert water to Los Angeles made economic, environmental, and equitable sense.
I have a new piece out in The Urban Lawyer about the Owens Valley that might be of interest to Legal Planet readers. Here is an abstract: Everyone knows that Los Angeles stole its water from the Owens Valley, creating environmental devastation and a legacy of rapacity. It is such a commonplace that it needs …
Continue reading “Owens Valley Redux: Los Angeles was Right”
CONTINUE READING(In?)sane With the Membrane
New developments in Deep Sea Desalination hold important promise for the freshwater crisis – and might require an amendment to Clarke’s Third Law.
The great speculative fiction writer Arthur C. Clarke’s Third Law reads: “Any sufficiently advanced technology is indistinguishable from magic.” This principle came to me the other day when considering this interesting Wall Street Journal piece on Deep Sea Desalination (which we can call DSD for short). Virtually alone among environmental law professors, I am a …
Continue reading “(In?)sane With the Membrane”
CONTINUE READINGWe need integrated funding to scale up multibenefit projects
by Marie Grimm, Anna Serra-Llobet, Molly Bruce, and Michael Kiparsky
Climate and ecological challenges are fundamentally linked, demanding solutions that address both environmental and social issues. Multibenefit projects–like levee realignments that reconnect floodplains–can combine climate adaptation, water management and ecosystem restoration efforts. However, most funding programs focus on single-purpose projects, making it difficult to support multibenefit solutions. Our new article studies the Pajaro River flood …
Continue reading “We need integrated funding to scale up multibenefit projects”
CONTINUE READINGExecutive Disorders
One after another, Trump has let loose destructive blasts at the environment to promote fossil fuels, mining, and logging.
We all know that Trump has issued a slew of executive orders since taking the oath of office. We also know that many of these are aimed to promoting fossil fuels, mining, and logging at the expense of the environment, while disfavoring renewable energy. Still, it’s impressive when you put the list together to see the full onslaught.
CONTINUE READINGEPA Steps Through the Looking Glass
You can’t accuse EPA of hiding the ball. It has announced its new mission: promoting fossil fuels.
You might have thought the prime mission of the Environmental Protection Agency was protecting the environment. Lee Zeldin, the Trump appointee running EPA, has a different idea: “The EPA is going to aggressively pursue an agenda powering the Great American Comeback… that’s our purpose, and it’s what will keep us up at night.”
CONTINUE READINGSuccess! Removing the Klamath Dams
A “Good News” Environmental Story (For a Change)
Most of the environmental law and policy matters discussed on Legal Planet–especially over the past few months–have dealt with natural resource crises, environmental rollbacks, hostile political actors and actions in Washington, D.C., etc. So let me take this opportunity to share an upbeat and inspirational environmental story in these otherwise troubled environmental times. In 2022, …
Continue reading “Success! Removing the Klamath Dams”
CONTINUE READINGLegal Safeguards Against Deregulation
Congress was aware that there could be a backlash against environmental standards. It took precautions.
If it could, no doubt the current Administration would be happy to have the same polluted air and water–and energy-wasting appliances)– that we had fifty years ago. Thanks to the anti-backsliding aspects of environmental law, however, they can’t really achieve that. The best they can generally do is to get rid of recent regulations that haven’t gone into effect yet.
CONTINUE READINGA Disinformation Deluge on California Policies
Trump and House Republicans are trying to ‘flood the zone’ when it comes to wrongly blaming California environmental regulations for the LA fires.
Trump’s longtime strategy of ‘flooding the zone” — aka overwhelming opponents with a flurry of announcements and superficial initiatives — took a literal turn last week, when his administration ordered the release of a significant amount of water from two dams in the Central Valley to try to score political points. As the New York …
Continue reading “A Disinformation Deluge on California Policies”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
