Water
EPA 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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CONTINUE READINGMountaintop removal review moves to next stage
EPA finished September with a flourish. In addition to proposing New Source Review rules for greenhouse gas emissions and pushing for TSCA reform, the agency took the next step toward a crack-down on mountaintop removal. On September 11, EPA announced preliminary plans to review all 79 pending permit applications. Today, after considering public comment, it …
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CONTINUE READINGInching closer to Klamath dam removal
Today’s San Francisco Chronicle has encouraging news for the Klamath River. In this front-page story, Peter Fimrite reports that a final agreement has been reached “among 28 parties, including American Indian tribes, farmers, fishermen and [PacifiCorp,] the hydroelectric company that operates the dams,” subject to formal ratification by their various boards, commissions, and councils. A …
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CONTINUE READINGDavid Nawi Appointed to High-Ranking USDOI Post
U.S. Secretary of the Interior Ken Salazar has named a respected California environmental lawyer to serve in a key, newly-created Department of Interior post. Salazar appointed David Nawi as his Senior Advisor to the Secretary for California and Nevada. In his announcement selecting Nawi, Secretary Salazar stated, “The current water crisis and land management challenges …
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