Water
US won’t appeal Casitas decision
Last month, when he posted about the Supreme Court taking up the Florida beach renourishment case, Rick noted the possibility that the Court might hear another takings case, Casitas Municipal Water District v. U.S., 543 F.3d 1276 (2008). Indeed, the Casitas case, in which the Federal Circuit held that the physical takings doctrine applied to …
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CONTINUE READINGWater wars, eastern style
Those of us in the west have grown used to thinking of water wars as a regional specialty. But they happen in the east too. Florida, Alabama, and Georgia have been in court for nearly 20 years fighting over the waters of the Apalachicola-Chattahoochee-Flint River system, popularly known as the ACF. On Friday, a federal …
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CONTINUE READINGFour Years Later, and Still No Real Plan
A new report by the National Research Council gives “thumbs down” to the Army Corps’ plans for preventing another Katrina disaster. This is the kind of planning that we simply have to learn to do right– not just for the sake of those immediately at risk, but because rising sea level and more extreme weather …
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CONTINUE READINGCorps proposes to require individual permits for mountaintop removal mining
Last month, the Obama administration announced an interagency agreement to develop a coordinated policy on mountaintop removal mining. Now the Army Corps of Engineers has taken the first step toward implementing that promise. The Corps has been permitting mountaintop mining through Nationwide Permit 21, a process that provides little opportunity for public input and environmental …
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CONTINUE READINGOne step toward Klamath River dam removal, many more remain
The agreement to remove four dams on the Klamath River in Oregon and California is one step closer to implementation. Yesterday Oregon Governor Ted Kulongoski signed into law a bill that will provide up to $180 million from surcharges on electric rates toward the costs of decommissioning and removing the dams. The new law is …
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CONTINUE READINGArmy Corps finds environmental humor unfunny: Conan O’Brien and Los Angeles River navigability
As Holly has mentioned, last month, Conan O’Brien made humor out of the navigability of the Los Angeles River by attempting to canoe down it. Holly’s post describes the legal controversy over the “traditional navigable waters” determination for the L.A. River, an appeal of which is still pending. (I note that there’s a small …
CONTINUE READINGEnvironmental law humor
Clean Water Act mavens may recall the controversy about a year ago when the Army Corps of Engineers determined that the Los Angeles River was not navigable, and therefore did not fall under federal CWA jurisdiction (LA Times story here). A Corps biologist responded by kayaking the river on her day off to prove it …
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CONTINUE READINGAn Invitation to Review the Supreme Court’s Environmental Record
This has been a blockbuster year in the U.S. Supreme Court for environmental law and policy. In the Term that concludes this month, the justices have decided five major environmental cases, involving many of the nation’s most important environmental laws. Berkeley Law’s Center for Law, Energy & the Environment (CLEE), one of the sponsors of …
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CONTINUE READINGClean Water Restoration Act clears committee
The Senate Committee on Environment and Public Works has voted 12-7 to send the Clean Water Restoration Act, S 787, to the full chamber. The bill would reverse the limitations imposed on the scope of the Clean Water Act by the Supreme Court in Solid Waste Agency of Northern Cook County v. United States Army …
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CONTINUE READINGCoeur Alaska and mountaintop removal mining
As Dan noted below, yesterday the Supreme Court decided its final environmental case of the year, Coeur Alaska v. Southeast Alaska Conservation Council. While Coeur Alaska was not a mountaintop removal case, it does have ramifications for the argument about whether the Clean Water Act allows mountaintop removal coal mining. The central issue in Coeur …
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