Water

Guest Contributors Helen Kang and Deborah Sivas: California Should Lead the Nation in Controlling Agricultural Pollution

Agricultural runoff in California

Protection of Drinking Water and Environmental Quality Demands Strong Action

Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public …

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Top 10 Worst Environmental Decisions in California’s History

Ranking the lost landscapes and environmental features

California has a paradoxical history with its environment. On one hand, the state boasts incredible natural beauty, along with a government that is an internationally recognized leader for strong environmental policies. But the state’s residents have also caused severe environmental destruction, particularly in the late nineteenth century — some of which helped spur the mobilization …

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Here Today, Gone to Maui

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund.  In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …

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Flint Five Years On

What has happened with Flint’s drinking water?

The history of environmental policy can well be told by place names. Love Canal – hazardous waste. Los Angeles – air quality. The Cuyahoga River – water quality. And, most recently, Flint – drinking water. The tragedy in Flint, Michigan, entered the 24/7 national news cycle five years ago, led President Obama to visit the …

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Understanding wastewater utility views on innovation and regulation

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by Luke Sherman, Alida Cantor, Anita Milman, and Michael Kiparsky

The same underlying technology has been used in the municipal wastewater sector for 100 years. New technologies that treat effluent more efficiently and effectively exist, yet deployment of those technologies has been slow. The limited adoption of new technologies in the wastewater sector raises questions about how to encourage innovation. Popular narratives around innovation sometimes …

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From the Grand Canyon to Contaminated Cantaloupes – and More

Five books with fresh perspectives on environmental issues.

Law reviews make little effort to track new books, unlike other journals in other disciplines . So it’s pretty much hit-or-miss whether you learn about relevant new books.  I wanted to share some interesting finds that have crossed my desk, joined a growing pile of unread books, and then slowly left the pile. The subjects …

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Substantive Due Process, Climate Change, and Flint, Michigan

Toward substantive constitutional protections for the environment

The past few weeks have been eventful for environmental issues and constitutional law. On January 17th, a panel for the Ninth Circuit Court of Appeals threw out Juliana v. United States climate litigation for lack of standing. A few days later, the U.S. Supreme Court denied certiorari on a ruling from the Sixth Circuit, Guertin …

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Dark Waters in Dark Times

Citizen Petition Presses EPA To Call Chemicals in Environmental Docudrama “Hazardous Waste”

This holiday season, A-list actors drew moviegoers to a film with a distinctly un-Hollywood plot line:  A company dumps thousands of pounds of toxic, long-lived chemicals (PFAS, or per-and polyfluoroalkyl substances) into unlined pits that drain into a farming community’s drinking water.  Local residents fall ill, some terminally.  A heroic attorney (Mark Ruffalo) represents them …

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A Continent on Fire Ignores Climate Change

Conditions in Australia keep getting worse. The government offers platitudes.

Australia is remarkably exposed to climate change and remarkably unwilling to do much about it. Conditions keep getting worse. Yet climate policy in Australia has been treading water or backpedalling for years, as I discussed in an earlier post. Let’s start with the temperature.  The Guardian reports that in the year up to July 2019, …

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Revolt of the Captive Scientists

Trump’s Scientific Advisory Board Slams Proposed EPA Rules

Trump has appointed  most of the members of EPA’s Scientific Advisory Board (SAB), many of them selected from industry. That effort to stack SAB in favor of deregulation apparently wasn’t a complete success. In draft reports issued this week, the SAB scathingly criticized those efforts and even went so far as to give a nod …

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