Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Albuquerque (3)
- California (3)
- Clean Water Act (3)
- Colorado River system (3)
- Conflicts (3)
-
- Coordinated land and water planning (3)
- Critical habitat (3)
- ESA and municipal water use (3)
- FWS (3)
- Fastest growing region (3)
- Habitat modification (3)
- Land use (3)
- Limited water (3)
- Marine species (3)
- NPDES (3)
- National Marine Fisheries Service (3)
- National Pollutant Discharge Elimination System (3)
- New Mexico (3)
- Pacific Northwest (3)
- Plants (3)
- Population centers (3)
- Salmon (3)
- San Antonio (3)
- Section 10 incidental permit process (3)
- Section 7 consultation process (3)
- Section 9 (3)
- Take of endangered animals (3)
- U.S. Fish and Wildlife Service (3)
- Water quantity and quality (3)
- Water-dependent species (3)
Articles 1 - 13 of 13
Full-Text Articles in Law
When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher
When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher
Holly Doremus
This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for …
Takings And Transitions, Holly Doremus
Takings And Transitions, Holly Doremus
Holly Doremus
This article explores the inconsistent doctrines advanced by the courts in determining regulatory takings cases. Given the current nature of this area of the law, the author proposes an alternative test to apply in takings cases to provide more straight-forward treatment. That test would encompass four factors: 1) the justification for regulatory change; 2) the extent to which change was foreseeable in advance, and the ability of the landowner to adapt to that change; 3) the abruptness of the change; and 4) the generality of its application. Since regulatory takings claims are entirely about change, the author argues that the …
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Adapting To Climate Change With Law That Bends Without Breaking, Holly Doremus
Holly Doremus
Climate change, the key environmental challenge of this century, is a tough problem for law in many ways. The topic of this panel, instrument choice, highlights a particularly difficult, important, and under-recognized aspect of the climate change challenge: the difficulty of devising a system of environmental law that combines the flexibility necessary to deal with a changing world with the rigidity and accountability essential to hold us to the difficult task of environmental protection.
Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus
Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus
Holly Doremus
The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …
Water, Growth And The Endangered Species Act, Holly Doremus
Climate Change And The Evolution Of Property Rights, Holly Doremus
Climate Change And The Evolution Of Property Rights, Holly Doremus
Holly Doremus
No abstract provided.
Water, Growth And The Endangered Species Act, Holly Doremus
Water, Growth And The Endangered Species Act, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Data Gaps In Natural Resource Management: Sniffing For Leaks Along The Information Pipeline, Holly Doremus
Holly Doremus
Despite wide recognition that natural resource management decisions are heavily dependent on the supply of scientific information, little attention has been paid to the processes by which that information is supplied. This paper lays out the key steps of the information supply pipeline, which include exploration, extraction, refining, blending, distribution, and consumption. Leaks in the pipeline can occur at any of these steps, interrupting the supply of information to decision makers. Because information supply is contextual and complex, no universal fix can address all information shortfalls. Nonetheless, several general recommendations emerge. First, decision makers must recognize the limits of scientific …
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Regulatory Blowout: How Regulatory Failures Made The Bp Disaster Possible, And How The System Can Be Fixed To Avoid A Recurrence, Alyson Flournoy, William Andreen, Rebecca Bratspies, Holly Doremus, Victor Flatt, Robert Glicksman, Joel Mintz, Daniel Rohlf, Amy Sinden, Rena I. Steinzor, Joseph Tomain, Sandra Zellmer, James Goodwin
Holly Doremus
The BP oil spill in the Gulf of Mexico is destined to take its place as one of the greatest environmental disasters in the history of the United States, or for that matter, of the entire planet. Like so many other disasters on that list, it was entirely preventable. BP must shoulder its share of the blame, of course. Similarly, the Minerals Management Service (MMS) – since reorganized and rebranded – has come under much deserved criticism for its failure to rein in BP’s avaricious approach to drilling even where it was unable to respond to a worst-case scenario in …
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Listing Decisions Under The Endangered Species Act: Why Better Science Isn't Always Better Policy, Holly Doremus
Holly Doremus
This Article offers an alternative approach to ESA listing determinations which would better combine scientific credibility with democratic legitimacy. As background to the current problem, Part II explains the origins of the ESA's stringent strictly science mandate. Part III considers the nature and limits of scientific information and explains how the scientific process can identify the best available scientific information. Part IV evaluates the specific decisions required for ESA listings in light of the strictly science mandate, explaining why these decisions require input from beyond the realm of scientific information. Part IV goes on to demonstrate that the incompatibility of …
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
The Rhetoric And Reality Of Nature Protection: Toward A New Discourse, Holly Doremus
Holly Doremus
No abstract provided.
Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus
Through Another's Eyes: Getting The Benefit Of Outside Perspectives In Environmental Review, Holly Doremus
Holly Doremus
The Deepwater Horizon blowout has important lessons to teach about environmental review. It is easy to scapegoat the former Minerals Management Service (MMS) for shoddy environmental analysis. But captive agencies are a common phenomenon. Oversight by environmental mission agencies is supposed to provide a check on their myopia. Several external reviews of MMS’s environmental analysis were conducted, but none uncovered MMS’s wildly incorrect estimates of the probability, magnitude, and consequences of a blowout. This article details the external reviews, explains why they proved ineffective, and offers suggestions for improvement. Outside review cannot be effective unless reviewers understand the importance of …