Water

Draft Delta flow criteria issued

Last year’s California water reform legislation directed the State Water Resources Control Board to issue new flow criteria for the Delta to protect public trust resources, which include but are not limited to the fish species protected by the federal Endangered Species Act. The deadline for the Board to adopt those criteria is next month. …

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Environmental Property Rights (Part III)

An environmental property right (EPR) can be defined as an enforceable interest deriving from an environmental asset such as air quality or an undisturbed forest.  EPRs are diverse and varied. Most EPRs are derived from statute rather than the common law, and many are of recent vintage.  Some EPRs are marketable; others are not. Fundamentally, …

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Stay denied in appeal of offshore moratorium decision

Cross-posted at CPRBlog. A three-judge panel of the Fifth Circuit heard argument today on the Obama administration’s request that it stay the District Court’s injunction of the 6-month deepwater oil development moratorium, and by a 2-1 vote quickly rejected the request. The moratorium halted any new drilling, and the granting of any new permits for …

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Classic Villaraigosan Environmental Policy

EPA Administrator Lisa Jackson was in Los Angeles today, announcing an official EPA finding that Compton Creek, a portion of the Los Angeles River, is a “navigable water” of the United States.  This finding means that Compton Creek can receive the protection of the Clean Water Act: most prominently, it means that any attempts to …

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Environmental Property Rights: Part II

The previous post in this series introduced the idea of environmental property rights. There are a surprising number of EPRs.  A complete listing would include at least nine kinds of EPRs:  In addition to the public trust doctrine and tradable permits (which were discussed in the first part of the series), here are seven more: …

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Legislative response to the Deepwater Horizon disaster

What’s happening in Congress since the Deepwater Horizon tragedy and the gusher that followed? There have been a lot of hearings, and a lot of bills introduced. Several are moving ahead. One has become law, one has been passed by the full House, and two have been reported out of Senate committees. 1) Both houses …

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Death of a water bond?

In an about-face, Arnold Schwarzenegger and California legislative leaders have called for removal of the $11.1 billion water bond from the November ballot and trying again in 2012. The legislature agreed last fall to put the measure on the ballot as part of what was billed as a comprehensive water reform package. Now, faced with …

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“Africa Is Dying”

This was the sobering message I received last week as part of a delegation to Senegal from the American Jewish World Service. Senegal is in the Sahel, a 1,000 kilometer-wide African region between the Sahara on the north and the sub-tropics to the south.  It is relatively well-watered, but is nevertheless a poster child for …

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California Ocean Science Trust Releases Study Evaluating Alternatives for Decommissioning California’s Offshore Oil and Gas Platforms

Last week, the California Ocean Science Trust released a long-awaited study that synthesizes scientific and legal information to inform policymakers and stakeholders on alternative paths for the decommissioning of California’s offshore oil and gas platforms. 27 of these platforms operate off the coast of California, and eventually all of them will stop producing fossil fuel …

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EPA proposes general Clean Water Act permit for pesticides

In January 2009, the Sixth Circuit in National Cotton Council v. EPA struck down a Bush-era rule declaring that pesticide application to or over waters was exempt from the Clean Water Act’s NPDES permit program, under which a permit is required for any discharge of pollutants to waters of the U.S. from a point source. …

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