Water
11th Circuit stirs the NPDES pot
Cross posted at CPRBlog. In a decision that shows the power of Chevron deference, Friends of the Everglades v. South Florida Water Management District, the 11th Circuit has upheld EPA’s water transfers rule, which provides that the act of moving water from one waterway to another does not require a National Pollutant Discharge Elimination System …
Continue reading “11th Circuit stirs the NPDES pot”
CONTINUE READINGCoeur Alaska–A Shifting Legal Position by the Obama Administration?
As the U.S. Supreme Court Term winds down, only one environmental case on the Court’s docket remains undecided: Coeur Alaska v. Southeast Alaska Conservation Council, No. 07-984. That case, which involves the relationship between the Clean Water Act’s water pollution control (NPDES) and its wetlands dredge-and-fill programs, arises in the context of a proposed gold …
Continue reading “Coeur Alaska–A Shifting Legal Position by the Obama Administration?”
CONTINUE READINGThe other fish drops on the Delta
NMFS has issued its long-awaited revised biological opinion on the effects of operation of the Central Valley and State Water Projects on species under its supervision. The entire opinion is available here, and the NMFS press release is here. The opinion concludes that current project operations jeopardize the survival of “winter and spring-run Chinook salmon, …
Continue reading “The other fish drops on the Delta”
CONTINUE READINGIt’s Sotomayor!
President Obama announced his decision to nominate Sonia Sotomayor for the Souter seat today. Environmental issues are unlikely to loom large in the confirmation battle. So far as we know at this point, her most notable decision was in the Entergy case, which involved the question of whether power plants need to use closed cycle …
Continue reading “It’s Sotomayor!”
CONTINUE READINGMountaintop mining update
In March, I wrote here about EPA’s newfound boldness on mountaintop removal mining. Under current regulations, the Corps of Engineers issues permits for that practice under Clean Water Act section 404, but EPA has the authority to veto those permits. EPA, which was entirely passive on the matter under the Bush administration, had sent objections …
Continue reading “Mountaintop mining update”
CONTINUE READINGEnvironmental Hubris: Another Proposed “Fix” for the California Delta
Recently, California state water officials announced with considerable fanfare their latest technological “fix” for the environmental ills that have in recent years befallen the Sacramento-San Joaquin Delta. The largest estuary on the West Coast of the Americas, the Delta is in serious environmental decline–as scientists have carefully documented and which no one disputes at this …
Continue reading “Environmental Hubris: Another Proposed “Fix” for the California Delta”
CONTINUE READINGEnvironmental Hypocrisy
Recently, CBS’s 60 Minutes ran a story on the current environmental damages litigation 30,000 Ecuadorians are bringing in that country’s courts against Chevron. The case arises out the toxic oil wastes a Chevron subsidiary left behind in the Ecuadorian rain forest following decades of oil production deep in the headwaters of the Amazon. The plaintiffs, …
Continue reading “Environmental Hypocrisy”
CONTINUE READINGA Supreme Court Speed-Bump for Coeur Alaska
With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …
Continue reading “A Supreme Court Speed-Bump for Coeur Alaska”
CONTINUE READINGAnother Batch of Free On-Line Classes
In case, the headline is misleading: no, we don’t give credit to on-line viewers. Maybe someday soon Berkeley Law will get into the distance education business, but not yet. So you won’t get credit, but you’ll still learn a lot. Law 271.71 – International Environmental Law – Cymie Payne (Spring 2009): http://webcast.berkeley.edu/course_details_new.php?seriesid=2009-B-49982|2009-B-49985&semesterid=2009-B Law 272.1 – …
Continue reading “Another Batch of Free On-Line Classes”
CONTINUE READINGJustice Souter and the Environment
The news that Justice Souter is leaving the Supreme Court probably means little for environmental cases. Souter has been a reliable environmental vote, joining the majority in Massachusetts v. EPA, the Court’s only case on climate change. He dissented with the liberal wing in Rapanos v. United States , the convoluted decision about the extent to …
Continue reading “Justice Souter and the Environment”
CONTINUE READING