Water Archives - Page 5 of 48

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The role of regulatory relationships in wastewater innovation

Five boxes are shown, one for each of the 5 characteristics. Arrows connect some of the boxes to one another. The first box is for “clarity.” It says “The relationship establishes explicit and mutually understood expectations regarding the utility’s and regulator’s respective responsibilities and goals.” The second box is for “capacity building.” It says “The relationship builds knowledge and abilities for both the utility and the regulator.” The third box is for “continuity.” It says “The relationship begins early and continues throughout project development and implementation.” The fourth box is for “trust.” It says “The relationship fosters willingness by the utility and regulator to take risks in exchange for the other party’s capability and willingness to deliver on commitments, as well as public confidence in both.” Finally, the fifth box is for “bounded flexibility.” It says “The relationship maintains the ability to adjust and adapt over time, including by (1) supporting project refinement, learning, and adjustment and (2) exploring the appropriate use of regulatory discretion.” Three arrows point from the clarity box to other boxes. One arrow points to the capacity building box and says “Helps parties identify their information needs.” A second arrow point to the trust box and says “Helps parties understand one another’s goals, responsibilities, and constraints + identify areas of alignment.” The third arrow points to the bounded flexibility box and says “Helps parties identify where flexibility may be possible and beneficial.” Two arrows point from the capacity building box to other boxes. One points to the trust box and says “Builds project-specific knowledge + builds ability to deal with innovation.” The other points to the bounded flexibility box and says “Supports project refinement and adjustment.” Four arrows point from the continuity box, one to each of the other four boxes. The arrow to the clarity box says “Maintains understanding of parties’ goals and expectations.” The arrow to the capacity building box says “Supports developing and maintaining the parties’ institutional and project-specific knowledge.” The arrow to the trust box says “Demonstrates a pattern of good-faith interactions.” The arrow to the bounded flexibility box says “Enables ongoing engagement around adaptive management + regulatory discretion.” Finally, an arrow points from the trust box to the bounded flexibility box. It says “Increases willingness to use adaptive management + supports exploring regulatory discretion.”

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

Public water and wastewater utilities are increasingly struggling to meet society’s expectations. Their basic infrastructure is aging, budgets are tight, and they face a barrage of stressors, from population growth to climate change and shifting regulatory expectations. What’s more, in addition to performing their traditional function of protecting human health and water quality, many wastewater …

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To Manage Water Scarcity, California Needs a Framework for Fair and Effective Water Right Curtailment

Aerial view of a reservoir showing low water levels.

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

After three years of drought, a parade of storms brought flooding, landslides, and a massive snowpack to California. With water temporarily so abundant, it is tempting to push planning for water scarcity to the back burner. But California does not have this luxury. The state’s water management challenges during wet and dry times interrelate, and …

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2150 and Beyond

Climate change’s long term effects on the planet will be profound.

Most climate change projections end at the end of this century. When the IPCC issued its first report, however, 2100 was 110 years in the future. Looking that far ahead right now would bring us closer to 2150 than to 2100. We’re only beginning to get a sense of the impacts of climate change that …

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Proposed Legislation Would Make Groundwater Adjudications More Fair

Guest Contributors Adrianne Davies, Owen McAleer, and Gabi Rosenfeld explain AB 779, a bill they worked on with State Assemblymember Lori Wilson.

By Adrianne Davies, Owen McAleer, and Gabi Rosenfeld California’s groundwater adjudication process is complex and inaccessible for many water users. As students in UCLA Law’s California Environmental Legislation and Policy Clinic, we partnered with State Assemblymember Lori Wilson’s office to find ways to improve this process. This project resulted in the introduction of AB 779, which will …

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Critical Native American Water Rights Cases Come Before the Supreme Court: Arizona v. Navajo Nation

The Navajo Nation Has the Equities on Its Side, But the U.S. Department of the Interior May Well Have the Law in Its Favor

Today the U.S. Supreme Court hears oral arguments in the last natural resources cases on its docket this Term: Arizona v. Navajo Nation and U.S. Department of the Interior v. Navajo Nation. These consolidated cases are consequential for several reasons: to determine the scope of the federal government’s trust obligations to Native American tribes; to …

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Cutting 290,000 Tons of Water Pollution a Year, One Coal Plant at a Time

Coal is a dirty fuel. It’s not just air pollution or climate change.

EPA proposed new regulations next week to reduce the water pollution impacts of coal-fired power plants. As EPA regulations go, these count as fairly minor. They got a bit of news coverage in coal country and industry publications. But they will eliminate the discharge of thousands of tons of pollutants, including a lot of metals …

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Why Can’t We All Get Along On The Colorado River?

Maybe It Is Time For the Interior Secretary To Settle The Issue — And For Newspapers To Get Rid Of Op-Eds

Well, this was intriguing. An op-ed from ran with this evocative title: California and its neighbors are at an impasse over the Colorado River. Here’s a way forward. Its author was Eric Kuhn, a former general manager of the Colorado River Water Conservation District and a co-author of “Science Be Dammed: How Ignoring Inconvenient Science …

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Wetlands Regulation in the Political Swamp

The Congressional Review Act remains bad for policy and worse for democratic deliberation.

Last December, the Biden administration issued a rule defining the scope of the federal government’s authority over streams and wetlands. Congressional Republicans vowed to overturn the rule, using a procedure created by the Congressional Review Act. If Congress is going to repeal something, it should be the Congressional Review Act rather than the Biden rule. …

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What Is Water Use, Anyway?

We Have Met The Enemy, And He Is Us

We all know the story, and the percentages: of water used by human beings in California (i.e. not going to environmental uses), agriculture uses a whopping 80%. So it makes little sense to call on urban users to conserve, so the story goes, until ag goes first. Certainly nonprofits like Food and Water Watch think …

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Are Front Lawns Unconstitutional?

In California, They Are

Textually, this is not difficult. Article X Section 2 of the California Constitution reads: The right to water or to the use or flow of water in or from any natural stream or water course in this State is and shall be limited to such water as shall be reasonably required for the beneficial use …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

How To Botch A CEQA Analysis

LA Metro’s draft EIR for the crucial Sepulveda Transit Corridor is thorough and careful, but it misses a key point: heavy rail is environmentally superior.

Water

by Nell Green Nylen, Michael Kiparsky, and Anita Milman

by Nell Green Nylen, Dave Owen, Jennifer Harder, Michael Kiparsky, and Michael Hanemann

Climate change’s long term effects on the planet will be profound.

Guest Contributors Adrianne Davies, Owen McAleer, and Gabi Rosenfeld explain AB 779, a bill they worked on with State Assemblymember Lori Wilson.

The Navajo Nation Has the Equities on Its Side, But the U.S. Department of the Interior May Well Have the Law in Its Favor

Coal is a dirty fuel. It’s not just air pollution or climate change.

Maybe It Is Time For the Interior Secretary To Settle The Issue — And For Newspapers To Get Rid Of Op-Eds

The Congressional Review Act remains bad for policy and worse for democratic deliberation.

We Have Met The Enemy, And He Is Us

In California, They Are

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

The UCLA Emmett Institute helps sponsor and organize the Degrees Global Forum, the largest event of its kind to date.

California has long leaned heavily on CEQA to cover gaps in other environmental laws. That will have to change when we reform CEQA.

Trump replaced a coherent set of rules governing the executive branch with a welter of agency-specific regulations.

The Founding Fathers were more environmentally aware than we give them credit for. Woke, even.

According to the D.C. Circuit, the answer is no.

The latest failed effort at privatization of federal lands shows the modern political weakness of land transfer movements

The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining

The Court left open a variety of workarounds. At least for the now.

Guest Contributor Emma Rose Shore, a UCLA Law student, reflects on the current administration’s attack on civil servants and the cancellation of summer internships.

LA Metro’s draft EIR for the crucial Sepulveda Transit Corridor is thorough and careful, but it misses a key point: heavy rail is environmentally superior.

Woolsey Fire survivors reflect on the rebuilding process and what might help rebuild more resiliently after the January fires.

New developments in Deep Sea Desalination hold important promise for the freshwater crisis – and might require an amendment to Clarke’s Third Law.

Here’s how the APA bolsters the rule of law and protects the environment.

In a year defined by affordability and climate crises, several bills aimed to alleviate pressures on both fronts are advancing in the Legislature.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

In partnership with UCLA, the Blue Ribbon Commission on Climate Action and Fire-Safe Recovery has released its final recommendations.

Overall a good bill, but the definition of natural and protected lands is inadequate

New UCLA report “Power Struggle: California’s Electric Utility Ownership Dilemma” by Sylvie Ashford, Mohit Chhabra, and Ruthie Lazenby

How did EPA get to the absurd conclusion that 1.5 billion tons of carbon emissions aren’t significant? Well might you ask.