Environmental Law Prof Blogtag:typepad.com,2003:weblog-1278042023-05-26T11:26:32-07:00A Member of the Law Professor Blogs NetworkTypePadNonpoint Source Regulation in Northwestern Californiatag:typepad.com,2003:post-6a00d8341bfae553ef02b751a60323200c2023-05-26T11:26:32-07:002023-05-26T11:26:32-07:00Yesterday was a bad day for people who care about water quality. The Supreme Court’s Sackett opinion gutted traditional Clean Water Act jurisdictional standards. Others have appropriately shredded the decision (examples here and here), and I’ve previously critiqued the shoddy...Environmental Law ProfThe WOTUS Rule Deserves Better Judgingtag:typepad.com,2003:post-6a00d8341bfae553ef02b685330ac0200d2023-04-14T14:23:24-07:002023-04-17T09:48:03-07:00Earlier this week, a federal district court in North Dakota enjoined implementation of a major Clean Water Act rule. The rule, which EPA and the US Army Corps of Engineers jointly enacted late in 2022, would determine which aquatic features...Environmental Law ProfYou’re an Environmental Engineering, Science, or Law Student. You Should Learn How to Negotiate.tag:typepad.com,2003:post-6a00d8341bfae553ef02b68526917c200d2023-02-06T12:40:12-08:002023-02-06T12:40:12-08:00Negotiating wasn’t part of my education in environmental science or environmental law. At the time, this didn’t seem like a gap. Environmental science and engineering seemed to have little to do with negotiating with other people, and environmental law, I...Environmental Law ProfTextualism and Waters of the United Statestag:typepad.com,2003:post-6a00d8341bfae553ef02af14ad2df9200b2023-01-03T11:59:52-08:002023-01-03T11:59:52-08:00On New Year’s Eve, EPA and the Army Corps of Engineers released their latest effort to define “the waters of the United States,” a key phrase from the Clean Water Act. The rule comes close on the heels of oral...Environmental Law ProfClimate Change and the California Votetag:typepad.com,2003:post-6a00d8341bfae553ef02af14a58027200b2022-11-10T14:22:21-08:002022-11-10T14:22:21-08:00In one of Tuesday’s least surprising outcomes, California voters reelected Democratic Gov. Gavin Newsom. It wasn’t close. This might seem interesting only if you’re predicting the 2024 presidential primaries. But Newsom’s reelection has broad significance for climate policy and law,...Environmental Law Profenvironmental law faculty hiring, 2022-23tag:typepad.com,2003:post-6a00d8341bfae553ef02a2eed18786200d2022-08-17T16:08:45-07:002022-09-19T09:49:38-07:00For the past few years, I’ve written a post listing schools that are interested in hiring tenured or tenure-track environmental law faculty. This year's list appears below. Readers should be aware of a few things about this list. First, it...Environmental Law ProfPrecommitment Strategies to Avoid the Justice Worst Case in the Climate Worst Casetag:typepad.com,2003:post-6a00d8341bfae553ef026bdefb6f9e200c2021-10-25T12:49:16-07:002021-10-25T12:49:29-07:00Open-eyed assessment of the potential for and on-the-ground realities of 4 degrees of warming supports the implementation of extraordinary and immediate mitigation measures and portends that, even with such measures, climate impacts will strain adaptive capacity to the breaking point...Environmental Law ProfCatastrophic Inequality in a Climate-changed Futuretag:typepad.com,2003:post-6a00d8341bfae553ef0282e12ae6be200b2021-10-22T10:14:19-07:002021-10-22T10:14:19-07:00Climate change has consistently proven to be more extreme than climate models have projected. If this trend towards extremely unpleasant surprises holds, more drastic adaptive responses will be required. Climate change poses an existential threat to human societies because it...Environmental Law ProfLetting Go of 2˚ C, Letting Go of Race?: What does climate justice mean at 4˚ C?tag:typepad.com,2003:post-6a00d8341bfae553ef0282e12aa275200b2021-10-21T07:22:37-07:002021-10-21T07:23:01-07:00Given the “existential threat to democratic governance” posed by a sober assessment of continued global climate warming, J.B. Ruhl and Robin Kundis Craig, in their provocative article 4˚C, posit the need for a reframing of established approaches to climate adaptation....Environmental Law ProfContemplating Equity from the Deck of the Titanic: A Metaphoric Meditation for a 4°C Worldtag:typepad.com,2003:post-6a00d8341bfae553ef026bdefa28fa200c2021-10-20T12:06:50-07:002021-10-20T12:06:50-07:00Indulge an extended metaphor. The deck chairs on the Titanic are not arranged so that all passengers have fair access to them. For that matter, all the ship’s amenities are inequitably distributed, from food to medical care to cabin space....Environmental Law Prof