Law Commons^™

A Tale Of Two Water Districts: The Future Of Agriculture In California's San Joaquin Valley Lies In Compromise Over Drainage, Kathleen Nitta

Golden Gate University Environmental Law Journal

This Comment will demonstrate why enforcement of the lower San Joaquin River total maximum daily load (TMDL) for selenium under the Clean Water Act should be postponed by amending the Basin Plan for the lower San Joaquin and Sacramento Rivers to extend the selenium compliance schedule for the Grassland Area Farmers (GAF) until it finishes implementing its drainage management plan. This Comment will also discuss why the GAF’s drainage plan should be used as a model for Westlands and should prompt Congress to amend the San Luis Act to require Westlands’ farmers to provide their own drainage.

Part II will …

A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley

Golden Gate University Environmental Law Journal

This Comment argues that the federal and state standards for reducing marine life mortality from power-plant intakes should be applied to a statewide policy for new desalination projects in California. Under this framework, open seawater intakes should not be permitted for new desalination plants. Part II of this Comment provides an overview of the history and technology of desalination as well as environmental impacts of open seawater intakes and alternative intake technologies. Part III surveys existing state and federal laws addressing open seawater intakes and suggests a framework for applying these laws to desalination projects. Part IV argues that new …

Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom

Golden Gate University Environmental Law Journal

In an effort to examine the implications EPA’s ability to extend Clean Water Act protection through the use of its special-case determination authority, this Article provides a case study of the Los Angeles River and the regulatory interplay between the Army Corps and the EPA. To begin, Part I sets forth the factual background of the LA River, describing its fickle and often volatile physical nature. It then describes the legal framework underlying the case by providing an overview of the Clean Water Act, its shared administration by the EPA and Army Corps, and the basis for the EPA’s special-case …