Water
Supreme Court Grants Review in Takings/Flooding Case
The U.S. Supreme Court has granted review in what will be the first environmental case of its next (2012-13) Term: Arkansas Game & Fish Commission v. United States, No. 11-597. The ultimate question is whether the federal government is liable for millions of dollars in damages for flooding a 23,000-acre wildlife management area owned by the State …
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CONTINUE READINGHow CEQA Saved Mono Lake
Environmental lawyers and policy wonks know that the California Supreme Court’s famed decision in Nat’l Audubon Soc’y v. Superior Court, better known as the Mono Lake case, saved California’s second-largest lake from drying up. And to some extent this is true: I am working on a full-length book about the case, and so far that story seems to check out. …
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CONTINUE READINGEPA’s bad week continues — mountaintop removal veto overturned
Cross-posted at CPRBlog. Regular readers of this blog know that on January 13, 2011, EPA vetoed a Clean Water Act section 404 permit issued by the Corp of Engineers for valley fill at the Spruce No. 1 mountaintop removal mine project in West Virginia. This was only the 13th time EPA had used its veto …
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CONTINUE READINGHappy (Belated) World Water Day! There’s Good News and Bad News….
Well, that’s embarrassing. Yesterday was the United Nations’ annual World Water Day, which apparently arrives every March 22nd. I only stumbled across it by accident, since it was referenced by another website that I was reading. But the UN has put a lot of PR effort at least into the project, and developed a very …
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CONTINUE READINGGoing Beyond the “Design-Basis Event”
A conventional approach to safety is based on the concept of design events. A building code might say, for example, that a building should be able to survive a 7.0 earthquake. This approach has been basic to the regulation of nuclear reactors. As the interim report of the post-Fukushima NRC task force explains: [The regulation[ …
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CONTINUE READINGHeat Waves, Droughts, and the Energy System
According to the IPCC, it “is very likely that hot extremes, heat waves, and heavy precipitation events will continue to become more frequent.” For instance, by midcentury, the number of heat wave days in Los Angeles is expected to at least double over the late twentieth century, and quadrupling is expected by the end of …
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CONTINUE READINGCourt to Feds: “Pay Up for Katrina Damage”
The U.S. Court of Appeals for the Fifth Circuit has upheld a district court ruling that the federal government is liable for damage from the Katrina storm surge that went up the MRGO canal into the city. As I read the opinion, it is limited in three ways. First, it is crucial that MRGO — …
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CONTINUE READINGThe 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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