Water
Great New Blog: AJWS Global Voices
American Jewish World Service, one of the most effective international anti-poverty and pro-development organizations in the worlds, has a new blog up. It’s called Global Voices, and features not only the work of AJWS grantees but also how issues of poverty and human rights interact with ecosystem protection. Some of the recent posts focus on …
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CONTINUE READINGThe Public Trust Doctrine: A Prophet Without Honor
Michael C. Blumm and R.D. Guthrie of Lewis & Clark Law School have an interesting new paper soon to appear in the U.C. Davis Law Review, pointing out that the public trust doctrine has assumed enormous significance in the jurisprudence of several countries around the world, including India, Pakistan, the Philippines, Uganda, Kenya, South …
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CONTINUE READINGThe Dying Dead
Can something that’s Dead still be dying? It can if it’s the Dead Sea and if it’s rapidly disappearing. And it is. Check out this piece from this month’s Scientific American, which details the disappearance of the Dead Sea — which is really a highly saline lake — due to four states (Israel, Jordan, Syria, …
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CONTINUE READINGBush-era EPA § 404 veto survives judicial review
A federal court in Mississippi has rejected a legal challenge to EPA’s 2008 veto of a Clean Water Act § 404 permit for the Yazoo Pumps flood control project. (Hat tip: PLF Liberty Blog.) The Yazoo Pumps project was an anachronism, even by pre-environmental era standards. (This brief history of the project is based on …
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CONTINUE READINGWhite House review delays EPA mountaintop removal guidance
Cross-posted at CPRBlog. EPA has announced that it will delay finalizing its guidance memorandum on Clean Water Act permitting for mountaintop removal mining projects pending review by the White House Office of Management and Budget. The announcement is bad news for Appalachian streams, and worse news for environmental interests hoping the Obama administration won’t completely …
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CONTINUE READINGRight on the Commerce Clause, wrong on the ESA
Cross-posted at CPRBlog. As Rick noted earlier, the Ninth Circuit is now the fifth federal circuit court of appeals to reject a Commerce Clause challenge to the ESA. In San Luis & Delta-Mendota Water Authority v. Salazar, a Ninth Circuit panel upheld protection of the Delta smelt. I agree with Rick’s analysis of the Commerce …
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CONTINUE READINGThe question of triage
The latest Delta report issued by the Public Policy Institute of California goes well beyond the Delta. Titled Managing California’s Water: From Conflict to Resolution, the report takes on the entire water management structure set up by state and federal law. There’s a lot in the report, which should be required reading for anyone interested …
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CONTINUE READINGCalifornia’s Delta Stewardship Council Gets Down to Business
Today California’s Delta Stewardship Council begins its deliberations on a Delta Plan that promises to be a big part of the answer to one of that state’s most pressing environmental questions: can California’s Delta be saved? Creation of the Delta Stewardship Council was a key element of landmark 2009 California legislation designed to address the …
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CONTINUE READINGEPA prepares to wade into the Bay-Delta
Cross-posted at The Berkeley Blog. EPA has announced “an information-gathering process on how the EPA and the State of California can achieve water quality and aquatic resource protection goals” in the California Bay-Delta. EPA is not proposing any new regulations yet, but it is seeking public comment on what it might do to address water …
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CONTINUE READINGNinth Circuit allows landowner to challenge impaired water listing
UPDATED. See below. An odd judicial couple, conservative Jay Bybee (of torture memo fame) and liberal Stephen Reinhardt, have combined to issue an even odder Clean Water Act standing decision. In Barnum Timber v. EPA they ruled, over the dissent of District Judge James Gwin, sitting by designation, that a landowner had standing to challenge …
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