Water

Planet Earth as Desert Island: “Lord of the Flies” or “Gilligan’s Island”?

Or in more technical terms, the Tragedy of the Commons? Or its inverse?

Lord of the Flies is a memorable novel about a group of English schoolboys who are marooned on a desert island.  They quickly descend into savagery and violence. The book can be seen as a parable of the philosopher Thomas Hobbes’s view that human life in a state of nature is short, nasty, and brutish. But …

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What Did We Know and When Did We Know It?

Nothing about Trump’s environmental policies has been a surprise. He won anyway.

One thing you can say about Donald Trump is that he didn’t hide the ball.  He told us exactly what he would do about the environment. Many people who say they care about climate change or the environment apparently didn’t care enough to come to the polls and vote for his opponent.  People who liked …

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California Appellate Court Upholds Water Board’s Broad Drought Response Authority

Court of Appeal Rejects Water Users’ Legal Challenge to Board’s Emergency Regulations, Temporary Curtailment Orders

California’s Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board’s temporary emergency drought response regulations–enacted in 2014-15–as well as related curtailment orders the Board issued to specific water users to implement those regulations.  In doing so, the Water Board rejected a legal challenge agricultural water users brought against …

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Lessons from the DACA Ruling

The Court’s ruling could have important implications for environmental cases.

The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important  implications for administrative law — and for environmental law cases in particular.  Here are three main takeaways. Requiring Reasoned Explanation.  Chief Justice John Roberts reinforced the principle that …

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Trump’s Latest Deregulatory Ploy: Emergency Waivers

Shaky legal authority, poor analysis, dubious benefits. What else is new?

In an Executive Order issued last Thursday, Trump told agencies to use emergency waivers to avoid environmental safeguards. The order is legally shaky and unlikely to accomplish much.  Still, it provided a nice photo op. Maybe he should have signed it in front of a church. I’ll talk later about the specifics, but first I’d …

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Guest Contributors Helen Kang and Deborah Sivas: California Should Lead the Nation in Controlling Agricultural Pollution

Agricultural runoff in California

Protection of Drinking Water and Environmental Quality Demands Strong Action

Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public …

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Top 10 Worst Environmental Decisions in California’s History

Ranking the lost landscapes and environmental features

California has a paradoxical history with its environment. On one hand, the state boasts incredible natural beauty, along with a government that is an internationally recognized leader for strong environmental policies. But the state’s residents have also caused severe environmental destruction, particularly in the late nineteenth century — some of which helped spur the mobilization …

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Here Today, Gone to Maui

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund.  In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …

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Flint Five Years On

What has happened with Flint’s drinking water?

The history of environmental policy can well be told by place names. Love Canal – hazardous waste. Los Angeles – air quality. The Cuyahoga River – water quality. And, most recently, Flint – drinking water. The tragedy in Flint, Michigan, entered the 24/7 national news cycle five years ago, led President Obama to visit the …

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Understanding wastewater utility views on innovation and regulation

Figure 1

by Luke Sherman, Alida Cantor, Anita Milman, and Michael Kiparsky

The same underlying technology has been used in the municipal wastewater sector for 100 years. New technologies that treat effluent more efficiently and effectively exist, yet deployment of those technologies has been slow. The limited adoption of new technologies in the wastewater sector raises questions about how to encourage innovation. Popular narratives around innovation sometimes …

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