Water
Will the Supreme Court Gut the Clean Water Act?
We’re about to find out in an upcoming case.
What wetlands and waterbodies does the Clean Water Act protect? Congress failed to provide a clear answer when it passed the statute, and the issue has been a bone of contention ever since. The Biden Administration is in the process of issuing a new regulation on the subject. Normally, you’d expect the Supreme Court to …
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CONTINUE READINGClimate Adaptation Moves Toward Center Stage
There’s an increasing bipartisan move to fund climate resilience.
The big news today is the deal with Manchin to provide billions of dollars of funding for clean energy. Manchin’s vote will be needed because no Republican Senator will vote for the bill. In contrast, funding for climate resilience has drawing power even for Republicans. It seems to be true that, in Bob Dylan’s words …
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CONTINUE READINGCalifornia Adopts Nation-Leading Legislation to Cut Plastic Pollution
Extended producer responsibility law will reduce single-use waste and shift responsibility to industry
In a welcome reprieve from news coming out of the Supreme Court, here’s an uplifting story from the Golden State: On Thursday, Governor Newsom signed SB 54, a comprehensive piece of legislation aimed at significantly reducing single-use waste. The law will affect just about every type of plastic packaging you see walking down the supermarket …
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CONTINUE READINGTwo FERC Cases and Why They Matter
Last week’s D.C. Circuit cases illustrate why environmental lawyers need to understand FERC.
The Federal Energy Regulatory Commission (FERC) has been called the most important environmental agency that no one has heard of. At the end of last week, the D.C. Circuit decided two undramatic FERC cases that illustrate FERC’s environmental significance. One involved a bailout to coal and nuclear plants, the other involved water quality. The first …
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CONTINUE READINGDesalination: An Essential Part of California’s Water Future
Coastal Commission’s Recent Rejection of Huntington Beach Desalination Project Misguided
Let me begin this commentary with a disclaimer: I was an early and strong proponent of Proposition 20, the successful 1972 California voter initiative measure that enacted the Coastal Act and created the California Coastal Commission (albeit temporarily). I supported with equal enthusiasm the state Legislature’s 1976 enactment of legislation making both the Coastal Act …
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CONTINUE READINGMy Kind of Town
Climate change is coming to Chicago and Lake Michigan.
“My kind of town, Chicago is my kind of town.” Or so Frank Sinatra sang. I’m not sure he really felt that way himself, but the song rings a chord with me. I didn’t grow up in Chicago but we visited frequently to see my parents’ families. Chicago is also, as it turns out, ground …
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CONTINUE READINGRegistration Is Open for the 2022 California Water Law Symposium
California’s Most Important Annual Water Law Conference–Law Student Organized!–Set for April 9th
Registration is now open for California’s 2022 Water Law Symposium, scheduled for Saturday, April 9th. U.C. Davis School of Law has the honor of hosting this year’s Symposium, which is an extraordinary event in two respects: first, it is organized entirely by law students (rather than law firms, water organizations, law professors or commercial vendors). …
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CONTINUE READINGFuture Shock
The latest IPCC report contains crucial new information about how soon and how bad climate impacts will be.
When the IPCC released its latest climate science report a few weeks ago, many commentators observed that the report should heighten our sense of urgency about climate action. Most of that discussion was at a very general level. It’s worth taking a closer look at some key findings and their policy implications. Here, I want …
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CONTINUE READINGCalifornia needs water law reform
Time to update 19th century law to meet 21st century reality
California’s water law was developed in the 19th century. It has not been comprehensively reformed since, despite substantial population growth, changing social values, and the appointment 45 years ago of a blue-ribbon commission to recommend changes. Now the “new normal” of the anthropocene promises reduced water availability coincident with increased demand. It is past time …
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CONTINUE READINGCan we govern large-scale green infrastructure for multiple water benefits?
by Lidia Cano Pecharroman, Christopher Williams, Nell Green Nylen, and Michael Kiparsky
Green infrastructure is increasingly emphasized as an alternative, novel path for water infrastructure. The possibilities are intriguing: Can we transition from a landscape dominated by siloed grey infrastructure (think concrete and steel, constructed for one or a few key outcomes like water supply or flood control) to one that centers natural processes in water infrastructure …
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