Water

Bless the Rains Down in Los Angeles

As a wet winter approaches, Los Angeles County focuses on initiatives to capture rainwater and reduce ocean runoff

(Note: I previously wrote a law review article published in 2016 in the Villanova Environmental Law Journal, accessible here, about related policy suggestions for improving rainwater capture in reference to the Sustainable Groundwater Management Act.) If you live in California, or have been in the state over the last couple weeks, you’ll know that we …

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Holmes, Brandeis, and the ‘Great Ponds’ Debate

Some issues are perennial, like property rights v. public rights in water.

I suppose most of you, like me, have never heard of the Watuppa Ponds.  But in 1888, a battle broke out over the legality of their use to supply drinking water for a nearby city.  The issue closely divided Massachusetts’s highest court, and led to a heated debate in the recently launched  Harvard Law Review …

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Environmental Law Centers — Western version

It’s not just on the coasts where law schools works on sustainability.

This is part of an occasional series on the work of environmental law centers. My goal in this series is to highlight one of the ways that law schools work for the public interest, not just on the coasts but throughout the country. Here, I’ll focus on the Interior West — the plains, mountains, and …

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It’s time the Safe Drinking Water Act got some respect

A new primer that makes the law accessible and teachable

I have been writing about drinking water issues for the past fifteen years and often been struck at how little attention the Safe Drinking Water Act (SDWA) receives in our field. Passed just two years after the Clean Water Act, it gets scant or no coverage in environmental law casebooks and is rarely taught in …

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Why is Newsom vetoing SB 1?

Comparing the Governor’s statements with the text of the bill

The California legislature recently passed SB 1, which would translate into state law a range of federal environmental and worker safety standards that were in place before the inauguration of President Trump to protect against federal roll backs in those areas.  However, Governor Newsom has indicated he will veto SB 1, on the grounds that …

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Governance infrastructure for water resilience

Responding to climate change is more perilous than climbing a frozen waterfall in the sun, and requires even more fortitude and balance. Photo Mike Kiparsky.

CLEE comments on Governor Newsom’s water portfolio executive order

Governor Gavin Newsom has directed state agencies to prepare a water resilience portfolio. Executive Order N-10-19 describes a set of broad principles to inform the development of the portfolio, as well as extensive outreach that should accompany the process, which is being conducted on an aggressive timeline. The EO states, correctly, that California needs a …

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Weaponizing Water in Kashmir

India’s legal moves on water put Pakistan on edge

A month after India’s move to exert more direct control over Jammu & Kashmir, the Indian state that occupies part of the larger Kashmir region, the country is also now in a position to exert control – in both illegal and legal ways – over important river waters that Pakistan relies upon to sustain people …

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The World’s Looming Water Crisis

Climate Change Worsens Chronic Water Shortages for One-Quarter of Earth’s Population

The World Resources Institute recently released a disturbing report chronicling increased, dire water shortages around the globe that threaten millions of the earth’s inhabitants.  Climate change is a major contributing factor.  Public health crises, social unrest and global political conflicts are the inevitable consequences if the problem is not addressed successfully–and soon. “17 Countries, Home …

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The Trump Administration’s Latest Efforts to Hobble the Clean Water Act

Administration’s New Plan to Eviscerate States’ CWA § 401 Certification Authority Is Flawed Procedurally & Substantively

By now, readers of Legal Planet are well aware of President Trump’s ongoing efforts to rescind the Obama Administration’s “Waters of the United States” rule and replace it with a new federal regulation that dramatically circumscribes federal regulatory authority under the Clean Water Act.  My Legal Planet colleagues and I have previously blogged on this …

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The Surprising Mr. DeSantis

Florida’s GOP Governor proves unexpectedly pro-environmental.

There was little reason to expect much from Governor DeSantis. The GOP candidate for Governor was expected to be Adam Putnam, the Agriculture Commissioner. Instead, due to Trump’s personal intervention, Ron DeSantis snagged the nomination. DeSantis pledged to “reduce bureaucracy, eliminate unreasonable regulations and crack down on lawsuit abuse.” He called himself the #1 conservative …

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