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The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389 , an important water law reform measure authored by State Senator Ben Allen. SB 389 is part of a broader initiative by the Legislature–and public interest groups–to reform and update California’s water laws.
Knowing they are targets, farmers in southern Arizona and California who receive irrigation water from the Colorado River are discussing a plan that could go a long way toward meeting a federal conservation mandate in the drying basin. Besides the irrigation districts, urban suppliers in the basin are also putting forward conservation plans.
Monterey County Oil Field (credit: Monterey County Weekly) For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. Well, break’s over.
It also wants to destroy environmental regulation, especially climate law. The combination of authoritarianism, extreme conservative ideology, and anti-environmentalism is common globally, not just in U.S. Thus, the reasons must relate to psychology or political science, not philosophy. That’s not a coincidence.
In the past two years, however, the things have started trending upward after years of inaction by conservative governments. As in the US, Australia’s climate policy was long a victim of a lengthy period of divided government and political upheaval. This March, Australia adopted a follow-up law to implement these targets.
A: A few laws explicitly require cost-benefit analysis or at least something along those lines. Those laws are a minority. There are a few laws that actually prohibit agencies from considering costs, but agencies do cost-benefit analysis when implementing those laws for informational purposes.
We seem to be dealing with opinions rather than statements that are provably false, so libel law shouldn’t apply in the first place. In fact, one of the useful things I teach is libel law. The industry’s lawyers might have avoided filing such a defective case if they had only taken my class as beginning law students.
In a string of really problematic decisions, the US Supreme Court’s ultra-conservative majority has ensured that the hard job of regulatory agencies in protecting the public interest will get even harder, if not impossible in many instances. As far as I can see, Congress can barely agree to fund the government and pay already incurred bills!
Second, there are political and legal problems with equity weighting. The political problem is that equity weighting is progressive and therefore is likely to get a hostile reaction from conservatives (including conservative judges).
The Liberal Party — conservative in everything but name — lost control of the federal government to Labor. Climate change wasn’t a central issue in the campaign, but resistance to climate action no longer provided a political advantage. Australia has had a change of government. Labor soft-pedaled its position to avoid losing votes.
A: The Court doesn’t address this question directly, but the major questions doctrine doesn’t seem to be a rule of constitutional law. . Q: When does an issue have “major political significance”? . A: “Political significance” seems to have a narrow meaning. . Q : Isn’t the major question doctrine awfully vague ?
Whether you call it updating, modernizing, or reforming, changes to the water rights system have long been considered a political third rail —the electric kind you don’t touch. This year, one of those water rights bills, Senate Bill 389 (SB 389) made it through the gauntlet of the legislature and will become law if Governor Newsom signs it.
4) Drought Is Political. The right to use water in the western states is subject to arcane laws, court decrees, and precedents, some of which date to the era of colonial settlement. A relatively recent development is the political muscle of the region’s Indian tribes. Their plan is due next month.
In 2014, the California legislature passed into law the Sustainable Groundwater Management Act (SGMA) , and for the first time, groundwater basins in the state would need to start cutting back on over-drafting our shared groundwater resource. This is definitely the case in the Cuyama Valley.
Now the Terner Center has a report on discussions with developers revealing that we still have quite a long way to go to make the law work as intended. The Conservative Legal Movement then developed a network of all-white private schools , and thanks to the Supreme Court , they are now using public money for them.
Here’s an embarrassing confession: Though I had taught environmental law for 25 years at that point, I had never heard of section 111(d) until it was discussed as possible tool to limit carbon emissions. That’s fair game in politics, but we should expect better of judges. The Court called that provision obscure.
If governments bypass or undermine science and public comments in policy making, our health could be in jeopardy from increased pollution, cases of foodborne illnesses, politically-driven medicine approvals or disapprovals, and more. This is a major federal law that governs if a chemical will be regulated, limited, or even banned.
Until there’s scarcity most developers aren’t incentivized to conserve water,” said Brock Smethills. For us, the incentives were aligned day one to use less water and conserve as much as possible.”. The law also requires developers to replenish aquifers with the same amount of water that they withdraw. . Keith Schneider.
Scientific expertise without local, political, or legal knowledge is not enough to take on powerful organizations. As the conservation director of Virginia-based advocacy group Wild Virginia , David Sligh was positioned to facilitate connections in the networks that strengthen the advocacy apparatus.
UC Berkeley’s Center for Law, Energy, & Environment (CLEE) is sponsoring a series of papers evaluating aspects of Project 2025, The Heritage Foundation publication, entitled “Mandate for Leadership: The Conservative Promise,” which has received attention in the Presidential election campaign.
Weeks before the November 8 election, national political debate centers on control of Congress. Wilce is the treasurer of Arizona Water Defenders, the political action committee that brought the question to the ballot. While state-level decisions this year are about money, local initiatives focus on law and policy.
And while state laws across the region regulate how, when and why water rights are sold, some worry it won’t be enough to hold back the tide. “I Because if water law is anything, it’s complex. According to water laws across western states, water can’t be owned, although the right to use that water can be sold, bought and transferred.
But the effect of greenhouse gases is not even investigated in the paper – which suggests the title is politically motivated. Is it sheer incompetence or is it politically motivated? Let’s hope it was not political on the part of that institution, but just a bad mistake. It is a scandal.
This action is particularly important in terms of equity because water pollution disproportionately affects under-resourced communities with low political representation. Water conservation. Water education should go beyond teaching the hydrologic cycle and incorporate components of local hydrology, regulations, and laws.
If that political gridlock continues, the Department of the Interior may have to impose its own set of water cutbacks upon the states–an action that would likely trigger additional litigation by disaffected states against the federal government and one other.
In contrast to civil, political, and economic rights, cultural rights have been side-lined and neglected in dialogues about climate policy and human rights. The foundational document of international human rights law is the 1948 Universal Declaration of Human Rights.
16 [PaEN] -- DailyLocal.com: Growing Greener Funding Will Improve Local Waters In West Chester Area -- The Progress: Clearfield Conservation District Plans 6 Projects, Cover Crop Incentive Program With Growing Greener Grant Funding -- TribLive: PA Tree Seedling Sale Underway By Game Commission -- Erie News Now: Penn State Extension To Host Feb.
The big reservoirs on the Colorado River continued to shrink as a warming climate and inadequate conservation dry out the basin. Legal scholars called the targeting of essential infrastructure a violation of international law. But bad economic, managerial, and political choices serve to sharpen the teeth and deepen the bite.
This law is a clear setback for open and accountable energy planning and will mean Ontarians are left in the dark about how critical decisions regarding our energy system are made. The government’s choice to enshrine in law a prioritization of nuclear power is also troubling.
The same is true in environmental law. Was it a fundamental paradigm shift, re-centering the law on new values? With all this in mind, here are the cases that I see as making up the canon and anti-canons of environmental law. If you’re an anti-regulatory conservative, you’d probably flip these designations.
Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. Room 8E-A East Wing. Million Fine Is Latest Entry In Clairton Coke ‘Coal’ Plant’s Air Pollution History -- LancasterOnline: DEP Likely To Levy Fines Against Fulton Twp.
Kober This profile was first published on the PA Conservation Heritage website-- Paul O. In the late 1970s, he worked as a partner in a small business (Conservation Concepts, Inc.) Career In Conservation Begins Pauls conservation career included working at the local, state and regional levels. By Wayne W. Hershey Jr./Sr.
On April 12, DEP, DCNR and many guests dedicated the Law Library Conference Room in the Rachel Carson Building in Harrisburg to Franklin Kury, the legislative author of Pennsylvania's Environmental Rights Amendment to the state Constitution. constitutional amendment on environmental rights.
15 Take Five Fridays With Pam, PA Parks & Forests Foundation [PaEN] -- Bucks County Herald: Heritage Conservancy Brings Wildlife Tracking, Tree Guardianship To Bristol Twp. Keystone Goldwater Conference Feb. Keystone Goldwater Conference Feb. School -- Warren Times: Audubon Nature Center To Hold Holiday Camps Dec.
5:15 to 6:15 p.m. -- Philly Voice: Greening Vacant Lots In Philly Raised Surrounding Property Values By 4.3% In First Year, Wharton Business School Study Finds -- TribLive: Pittsburgh Looks To Spend $2.6 5:15 to 6:15 p.m. -- Philly Voice: Greening Vacant Lots In Philly Raised Surrounding Property Values By 4.3%
Critically, the Juliana case relied on federal law. Supreme Court–decided in a 2020 ruling that the young Juliana plaintiffs lacked legal standing to bring their lawsuit under federal law. A divided 2-to-1 panel of that court–pressured by a series of “shadow docket” orders from the U.S.
Proposition 4 would authorize the issuance of bonds in the amount of $10 billion pursuant to the State General Obligation Bond Law to finance a variety of projects combating climate change, increasing resiliency, and supporting climate solutions. Some of the notable investments include: $3.8 billion for wildfire and forest programs, and $1.2
A recent issue of Perspectives on Politics has a review by Richard Andrews of Kimberly K. Smith's The Conservation Constitution: The Conservation Movement and Constitutional Change, 1870–1930 (University Press of Kansas, 2020).
Implementation of these new laws will be the true test of that statement, but they provide an exciting starting point. Prior to this new law, the state was required by law to ensure that statewide greenhouse gas emissions be reduced to at least 40% below the 1990 level by 2030.
Negrin is a graduate of Rutgers University School of Law. He received his bachelor’s degree in political science from Wagner College, where he was a consensus football all-American and served as captain of the 1987 National Championship football team. “As Click Here for her bio.
C temperature target, and one that more than 130 countries have adopted, albeit mostly as squishy political declarations, not yet legally binding or implemented. Fossil enterprises and political leaders in major fossil producers ranged from politely dismissive to openly contemptuous.
from Lewis & Clark Law School, with a certificate in environmental and natural resources law, and a B.A. Prior to joining CARB, Jason worked in private practice, as a legal intern for Mercy Corps, and as a law clerk for the Center for Biological Diversity. The GCF Task Force includes 38 member states across 10 countries.
These partnerships are critical for conserving important forested regions of our world. The GCF Task Force is currently housed at the University of Colorado at Boulder and will transition to the Emmett Institute on Climate Change and the Environment at UCLA School of Law in mid-2022. See here for more information. Download as PDF.
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