Water
NPDES permits on impaired waterways
Cross-posted at CPRBlog. Precisely what the Clean Water Act requires of point sources that discharge to already-polluted waterways has long been a point of confusion. Now, according to Inside EPA (subscription required) EPA may revise the rules it applies to new permits on impaired waterways. A rulemaking seems far from certain at this point — …
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CONTINUE READINGThe Challenge of Regulating the Ordinary
The title is a play on a great paper of Holly’s about the converse challenge of saving the ordinary. Whether the ordinary is good or bad, however, it tends to escape our interest and attention because it’s so darn . . . ordinary. Case in point: nitrogen pollution. We emit a lot of nitrogen oxides …
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CONTINUE READINGCan You Teach an Old Corps New Tricks?
Five years of Katrina, the Corps may be trying to mend its ways — but is it succeeding?
CONTINUE READINGEPA to reconsider water transfers rule
I can’t find this on EPA’s web site, but BNA’s U.S. Law Week and the Association of Metropolitan Water Agencies are reporting that the agency plans to reconsider the Bush-era rule exempting water transfers from the Clean Water Act’s NPDES permit requirements. As I previously explained, the 11th Circuit upheld the water transfers rule this …
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CONTINUE READINGA New Beginning for the California Delta?
Early this past Wednesday morning, following an all-night session that would have made any college freshman proud, the California Legislature enacted major legislation designed to address the myriad problems affecting California’s Sacramento-San Joaquin Delta. The package of five bills, SB 7X 1, SB 7X 2, SB 7X 6, SB 7X 7, and SB 7X 8, …
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CONTINUE READINGCalifornia water deal struck (just in time for UCLA event)
After months (years) of negotations, the California legislature has passed what many are calling the most comprehensive California water legislation in half a century. The task was difficult: Figure out a way to fix our ailing Sacramento-San Joaquin delta; address shortfalls in water supply affecting urban, agricultural, and environmental interests; anticipate additional shortfalls and water supply …
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CONTINUE READINGA red-letter day for washing machines
Under the Bush administration, which was implacably hostile to state environmental regulations exceeding federal minimum requirements, the Department of Energy refused to consider California’s request for permission to issue state rules setting water efficiency standards for washing machines. The Ninth Circuit has now set aside that action as arbitrary and capricious, and ruled that DOE …
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CONTINUE READINGEPA threatens a mountaintop removal veto
Early on in the Obama administration, EPA did some inconclusive dancing and shuffling about its role in overseeing the issuance of Clean Water Act section 404 permits by the Corps of Engineers for mountaintop removal coal mining projects. Now, though, EPA is bringing the big guns into position. Section 404(c) of the Clean Water Act …
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CONTINUE READINGFederal Circuit rules for water contractors
The Court of Appeals for the Federal Circuit has ruled in Stockton East Water Dist. v. U.S. that the federal government must pay damages to two California water districts for its failure to deliver water they were contractually promised. Plaintiff districts hold contracts for water delivery from the New Melones Reservoir, which is part of …
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CONTINUE READINGFeds re-engage on the Delta
Last week brought a lot of good California water news. Restoration of the San Joaquin River took a giant step forward, as the first flows were returned to the channel in accordance with a settlement agreement negotiated in 2006, ending years of litigation by NRDC. As Steve and I noted, removal of four dams on …
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