A Conversation with Nancy Stoner, Deputy Assistant Administrator, U.S. EPA Office of Water

Nancy Stoner clearly brings enthusiasm and energy to her new position as Deputy Assistant Administrator, U.S. EPA Office of Water. Her excitement is palpable as she describes her commitment to clean water and a healthy environment and the great things that she hopes to accomplish during her tenure with...

California sets forth indicators of disproportionate impacts of climate change on environmental justice communities

To assist Cal-EPA with the examination of potential environmental justice concerns associated with climate change, Cal-EPA requested the Office of Environmental Health Hazard Assessment (OEHHA) [best known for its role in setting drinking water related Public Health Goals and in overseeing much of the...

Rivers are discovered in the atmosphere, and they can convey a lot of water

As I look out the window and once again view the downpours that have impacted California for months, it seems appropriate to describe one of the more interesting discoveries of the last decade, rivers in the atmosphere. Think of it as the "Pineapple Express", only in spades. Completely unknown...

Deviation by Army Corps from operating plan, resulting in a temporary or ad hoc flowage easement, does not constitute a taking

Taking cases have been reviewed in prior posts. To state that the law is convoluted, complex, and obscure is to state the obvious. In Arksansas Game & Fish Commission v. U.S., 2011 U.S. App. LEXIS 6417 (Federal Circuit: 3/30/11), the U.S. appealed a judgment of the U.S. Court of Federal Claims...

An articulate end-of-the-world-as-we-know-it view from Thomas Friedman

I am certainly old enough to remember a variety of doomsday scenarios, usually built around decreases in agriculture productivity or population growth (or both). There have also been some modern scholarly papers that posit that things are going to get very very difficult indeed really soon. See, for...

Jenner & Block: Important Environmental Compliance Considerations In The Wake Of Hurricane Sandy

By Steven M. Siros, Partner, and Allison Torrence, Associate, Jenner & Block As Hurricane Sandy swept across the Eastern Seaboard, the images of its destructive power were humbling. As everyone begins to dig out from the damage caused by the storm, it is important to remember the environmental...

Flood Insurance Guidance Announced By Federal Agencies

By the Ballard Spahr LLP Mortgage Banking Group The federal banking agencies, together with the Farm Credit Administration, have issued joint guidance on amendments to the Flood Disaster Protection Act of 1973 (FDPA). The amendments were part of the Biggert-Waters Flood Insurance Reform Act of 2012...

State Net Capitol Journal Legislative Updates: Senate Passes Water Resources Development Act – Omnibus Water Infrastructure Legislation

SNCJ SPOTLIGHT - STATES CAN ONLY WATCH AS CONGRESS TACKLES MAJOR ISSUES THAT IMPACT THEM Last Wednesday, the Senate endorsed SB 601, the Water Resources Development Act, the first omnibus water infrastructure legislation since 2007. The $12.5 billion bill, dubbed WRDA, would authorize U.S. Army Corps...

Supreme Court Denies Cert For Appeal of Ruling That Federal Government Not Liable For Flood Destruction From Hurricane Katrina

By Jennifer Hans, WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 refused to hear an appeal of a lower federal court's ruling that the application of the discretionary function exception (DFE) to the Federal Tort Claims Act (FTCA) completely insulates the U.S. government from...

Jenner & Block: Louisiana Flood Protection Board Sues Energy Companies For Damage To Wetlands

By Allison Torrence , Associate, Jenner & Block On July 24, 2013, the Board of Commissioners of the Southeast Louisiana Flood Protection Agency – East, sued approximately 100 oil and gas production and pipeline companies in state court. The lawsuit alleges that the defendants have been using...

Rating State Hazard Mitigation Plans

The Columbia Center for Climate Change Law has released a report (and accompanying Excel database ) surveying and ranking all 50 State Hazard Mitigation Plans. The Survey considers to what extent and in what manner climate change related issues are incorporated into existing plans. In accordance with...