What? Another homage to Joe Sax?
Yes, and here’s why: Joseph Sax’s writings remain as fresh today as when they were published. This blog— in noting his death earlier this year — described Sax’s revival of the public trust doctrine,...
View ArticleSorry, The Pollywogs Win and Your Crops Lose
Lawyers who regularly practice in the realm of the Clean Water Act (the “Act”) well know that the fight causing the most widespread panic in the regulated community for many months has been the joint...
View ArticleCool Water, Part 2
In a December 2012 blog post, I discussed the tensions raised by “Water for Texas 2012 State Water Plan” between the expected population growth and available water resources in Texas. As water demand...
View ArticlePacific Northwest Water Wars
It may come as a surprise that people fight over water in soggy Oregon and Washington. To be sure, we have not experienced the same level of conflict over competing water needs as our neighbors in the...
View ArticleH.R. 23: A VERY BAD FEDERAL WATER LAW BILL—AND A WORSE PRECEDENT
H.R. 23 is an important and most unfortunate environmental bill currently working its way through the U.S. Congress. Sponsored by California Republican Congressman David Valadeo—with a strong assist...
View ArticleA Win for Appropriative Water Rights
In an unpublished opinion released August 24th, the Ninth Circuit rejected a long waged effort to upend the City of Bend’s water planning by forcing it to abandon its vested surface water rights in...
View ArticleOh, Well, Some Folks Don’t Like Oysters, Anyway….
As a kid growing up in the hills of North Mississippi, I was introduced to oysters by my maternal Grandmother in Biloxi, down on our Coast. I wasn’t particularly impressed with the slimy mollusks...
View ArticleHOW WILL WE COPE WHEN DAY ZERO ARRIVES IN A U.S. CITY?
While those of us here in the northeast have been wringing out soggy clothing, using umbrellas as an essential feature of our wardrobes, praying for sun, and genuinely wondering if the long hot days of...
View ArticleFlorida Gets A “Do-Over”
Florida v. Georgia, 585 U.S. ____ (2018), Slip Opinion No. 142, June 27, 2018On June 27, in a 5-4 decision the U.S. Supreme Court (SCOTUS or the Court) rejected the Special Master’s conclusion that the...
View ArticleClik here to view.
Look Before You Tweet, or How Not to Respond to Wild Fires
In a tweet released August 6, President Trump offered his analysis of how to combat the ongoing human and ecological tragedy of one of the worst fire seasons of record. The president then directed...
View Article