Water

U.S. Bureau of Land Management Violated NEPA When Selling Oil and Gas Leases in California

On April 8, a federal magistrate judge issued the first major ruling in a California fracking lawsuit, finding that the U.S. Bureau of Land Management (BLM) violated the National Environmental Policy Act (NEPA) by failing to take the necessary “hard look” at the impact of hydraulic fracturing when it sold oil and gas leases in California. …

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Dear Washington Post: Chesapeake Bay *is* unbalanced

An article in the Washington Post yesterday ran with the headline, “Crabs, supersized by carbon pollution, may upset Chesapeake’s balance.” Not to nitpick, but Chesapeake Bay is unbalanced and has been that way for well over a century. The article references some interesting research from the University of North Carolina that looks at the effects …

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When streamlining environmental review really means undermining it

The Senate Environment and Public Works Committee has unanimously endorsed S 601, the Water Resources Development Act of 2013. Although it’s nice to see some bipartisanship in the capitol — S 601 is co-sponsored by Committee chair Barbara Boxer (D-CA) and ranking minority member David Vitter (R-LA) — the bill as approved by the Committee …

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The Economic Approach to Handling Water Scarcity in New Mexico

The New York Times alerts its urban readers in the Northeast (including my Manhattan parents) about drought in the West and in particular in New Mexico.  To an economist, its a pinch surprising that the vaunted Times doesn’t mention the price of water in New Mexico.  Being an adept user of the Internet, I spent …

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Congress Increases Climate Research Funding!

…even if they didn’t intend to. The Republican War on Science has morphed into a more general war on knowledge.  As Dan has pointed out previously, the GOP has now declared war on social science funding, and particularly on political science. Last night, the Senate accepted the amendment of Senator Tom Coburn (R – Olduvai …

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OT 2012 and the Environment

This Supreme Court Term features a number of environmental cases.  We’re now about two-thirds of the way through the Term, so I thought it might be helpful to post a summary of the cases.  My impression is that the Court is interested in environmental law to the extent that it seems to impinge on the …

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Ninth Circuit takes up NRDC v. Salazar en banc

The Ninth Circuit today issued an order granting rehearing en banc in NRDC v. Salazar, meaning that an 11-member panel will now reconsider the 3-judge panel decision issued last July. (Hat tip: Endangered Species and Wetland Report.) This is very good news, because the (split) panel decision was wrong in important respects. (Full disclosure — …

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The US wins the latest round in the Casitas saga

In 2008, the Federal Circuit surprised a lot of legal academics by ruling that the Casitas Municipal Water District’s takings claim, which arose from a requirement that the district construct and operate a fish ladder to allow endangered steelhead to pass its diversion dam, should be analyzed using the physical takings test. That didn’t resolve …

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The Ever-Growing Crisis Over the Nation’s Nuclear Waste Non-Solution

The Associated Press reports that six underground storage tanks at the Hanford Nuclear Reservation in Washington State are leaking a witches’ brew of high-level nuclear wastes into the soil that threatens regional groundwater supplies. This news highlights a crisis of national proportions that has for too long gone unaddressed. Hanford is the most contaminated nuclear …

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Environmentalists Sue Over New Lake Tahoe Plan: Is the Perfect the Enemy of the Good?

The Sierra Club and a local neighborhood group recently sued the bistate Tahoe Regional Planning Agency, challenging TRPA’s just-adopted Regional Plan for the Lake Tahoe Basin. That development strikes me as unfortunate and counterproductive. Let me briefly explain why. The Lake Tahoe Basin, which straddles the California-Nevada border, has since 1968 been governed under a bistate Compact negotiated …

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