Water
Environmentalists v. Environmentalists: The Case of Alternative Energy
A shift to alternative forms of energy and away from conventional carbon-intensive fuels like coal forms the centerpiece of virtually all carbon-reducing strategies. 28 states have enacted mandatory renewable portfolio standards (RPS) (requiring their utilities to procure a set percentage of energy from alternative/renewable sources); the President’s stimulus package includes block grant money and tax …
Continue reading “Environmentalists v. Environmentalists: The Case of Alternative Energy”
CONTINUE READINGCalifornia’s Salmon Crisis – Searching for Solutions
All the available scientific evidence indicates that California’s salmon populations are in deep trouble: several sub-species are currently listed as threatened or endangered under federal and state endangered species laws; the commercial salmon fishing season off the Northern California coast will be shut down for the second year in a row; and the resulting economic …
Continue reading “California’s Salmon Crisis – Searching for Solutions”
CONTINUE READINGIs Environmental Law Socialist?
Conservatives might be seeking a spiritual leader, organizing principle and fresh identity, but they at least seem to have settled on a favorite rhetorical ogre: socialism. As in, Democrats are intent on forcing socialism on the “U.S.S.A” (as the bumper sticker says, under the words “Comrade Obama”). This trend, as reported by the New York …
Continue reading “Is Environmental Law Socialist?”
CONTINUE READINGDelta news roundup
It’s been a busy and discouraging ten days for those interested in the Sacramento-San Joaquin Delta as either an ecosystem or a water source. The San Francisco Chronicle reported that the return of fall chinook salmon to the Sacramento River hit a record low last year. The Pacific Fishery Management Council released a gloomy preseason …
Continue reading “Delta news roundup”
CONTINUE READINGOf Smelt, Salmon & Whales
The inter-connectivity of our ecosystem has been underscored by new and alarming scientific findings. Recently, the National Marine Fisheries Service has reported that the dramatic, well-documented declines in Pacific salmon fisheries may lead to the extinction of Pacific killer (Orca) whales. This killer whale population, a unique species, is already endangered under federal law, and …
Continue reading “Of Smelt, Salmon & Whales”
CONTINUE READINGBlowing Off Steam: Cost-Benefit Analysis and the Clean Water Act
The Entergy case, which is now before the Supreme Court, involves EPA regulation of power plant’s cooling systems. This is an important environmental issue because the cheapest systems kill acquatic life in the front-end intake process and then raise the temperature of water bodies in the back-end discharge. More broadly, the case raises questions about whether …
Continue reading “Blowing Off Steam: Cost-Benefit Analysis and the Clean Water Act”
CONTINUE READINGA Tale of Two Cities
The old adage is that all politics is local. So is much, if not all, environmental policy-making. Recent reports from two American cities vividly demonstrate the wide gulf that often separates local efforts to adopt sustainable environmental and energy policies. A recent story in the Wall Street Journal reports the City of Boulder, Colorado’s groundbreaking …
Continue reading “A Tale of Two Cities”
CONTINUE READINGA smorgasbord of smelt and salmon news
There have been several developments in the Delta water saga since I posted on the request for relief from water quality standards submitted by the state Department of Water Resources and federal Bureau of Reclamation, and the potential for conflict between the water needs of smelt and of salmon.
CONTINUE READINGA Belated Victory for the Bush Administration
The Fourth Circuit has upheld the Army Corp permit program for mountaintop mining, notwithstanding claims that the Corps had violated NEPA, the Clean Water Act, and its own regulations. According to the dissent: Today’s decision will have far-reaching consequences for the environment of Appalachia. It is not disputed that the impact of filling valleys and …
Continue reading “A Belated Victory for the Bush Administration”
CONTINUE READINGHow do we decide what is a “Water of the United States”? Rapanos revisited
Ever since the U.S. Supreme Court issued its opinions in Rapanos v. United States in 2006, it has been unclear exactly how the U.S. is to go about evaluating which wetlands and tributaries of navigable waters are subject to federal jurisdiction under the Clean Water Act. Until recently, the U.S. Army Corps of Engineers asserted federal …
Continue reading “How do we decide what is a “Water of the United States”? Rapanos revisited”
CONTINUE READING