Water
The Delta 101: Of Levees, Canals & Whiskey
Nearly four out of five Californians do not know what the Delta is, according to a January 2012 poll. That’s 78 percent of the population. And 86 percent of southern Californians have never heard of it. Yet, 25 million people and 3 million acres of farmland rely on the Delta for at least a portion …
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CONTINUE READINGPreviewing a VERY Big Week for Environmental Law in the Courts
UPDATE: The Associated Press reports that late Sunday, February 26th, U.S. District Court Judge Carl Barbier announced a one-week postponement of the trial in the BP oil spill case that had been scheduled to begin the next day. The postponement is reportedly due to substantial progress that has been made in marathon settlement talks that …
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CONTINUE READINGSelf-Reliant Moocher Hypocrites
The Shrill One has an interesting post on “self-reliant moochers,” i.e. those states (and voters) who loudly proclaim their flinty self-reliance and then rely on government transfers. Turns out that conservative states rely much more heavily on government transfers than Blue staters supposedly addicted to the “cradle-to-grave assurance government will always be the solution.” …
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CONTINUE READINGNinth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak
The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range. A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …
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CONTINUE READINGSenator Santorum and the Environmental Chalice of Evil
Here is what Santorum said yesterday (from Politico): “You hear all the time, the left: ‘Oh, the conservatives are the anti-science party.’ No we’re not. We’re the truth party,” the former Pennsylvania senator said at a campaign event in Oklahoma City. “Because the left is always looking for a way to control you. They’re always …
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CONTINUE READINGPreserving U.S. Fisheries: A Bipartisan Pipe Dream?
President Obama’s call in his 2012 State of the Union address for a new spirit of bipartisanship brought to mind a recent Washington Post article on current federal efforts to preserve U.S. fisheries. In what qualifies as a rare “good news” story involving federal environmental policy, that article reports that the Obama Administration is poised to …
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CONTINUE READINGCity of Light – City of Magic
While writing yesterday about Charles Haar’s work as a special master on the Boston Harbor cleanup, it occurred to me that in our list of great environmental songs, we (although not our commenters) missed an obvious one: The Standells’ Dirty Water, which of course is all about that: [youtube http://www.youtube.com/watch?v=5apEctKwiD8] It might not be the best …
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CONTINUE READINGThe First Federal Environmental Law Decision
Of course, it’s a bit arbitrary to pick one case as the first environmental law decision. Many people would probably name the Scenic Hudson opinion, but my nominee would be a decision many decades earlier: Woodruff v. North Bloomfield Gravel Mining Co., 18 F. 753 (C.C.Cal. 1884). What makes it reasonable to call this the …
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CONTINUE READINGKlamath dam removal bill introduced in Congress
On November 10, Senator Jeff Merkley (D-OR) and Representative Mike Thompson (D-CA) introduced the Klamath Basin Economic Restoration Act in Congress (H.R. 3398 / S. 1851). The bill would approve two Klamath agreements and give the go-ahead to potentially remove four hydroelectric dams from the Klamath River. As we have discussed previously on LegalPlanet, this set …
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CONTINUE READINGJunior appropriators can be cut off without a hearing
The Eighth Circuit has rejected a claim by farmers in Nebraska’s Niobrara Watershed that their civil rights were violated when the state’s Department of Natural Resources issued “Closing Notices” ordering them to stop drawing water. The farmers asserted that they were entitled to a due process hearing before the property rights granted by their state-issued …
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