Articles

Follow up to Bolsa Chica

June 01, 2009 | By DAMIEN SCHIFF

Aquafornia reports.  (The Bolsa Chica development near Surf City, California, was the focal point of an important Court of Appeal decision regarding environmentally sensitive habitat areas, which are protected under the Coastal Act.  The long and short of that decision is that ESHA cannot be substituted or mitigated for, such that most ...

Articles

Politics and environmentalism

June 01, 2009 | By DAMIEN SCHIFF

The LA Times reports that environmentalists are upset with the Obama administration's apparent retreat from its campaign promise to give close review to coal mining permits, especially permits entailing mountaintop mining.  The environmental community has long objected to mountaintop mining, which basically entails the partial obliteratio ...

Articles

a look back at Winter v. NRDC

June 01, 2009 | By DAMIEN SCHIFF

Today's Miami Herald contains an analysis of last November's Supreme Court decision on the military's sonar training and its effects on marine mammals, Winter v. NRDC. The column was written in a sort of "Dear Abby" format, but instead of Abby, we have EarthTalk to guide us through the rough seas of environmental litigation. E ...

Articles

Red Bluff Diversion Dam biological opinion due tomorrow

June 03, 2009 | By DAMIEN SCHIFF

Via Aquafornia, the Red Bluff Daily News reports that the National Marine Fisheries Service is just about set to release its decision on the effects that Red Bluff Diversion Dam water releases have on endangered fish. … ...

Articles

Who said it? Take our Big Government Quote Quiz!

June 04, 2009 | By DAMIEN SCHIFF

Who Said It? Take Our Big Government Quote Quiz How much do you know about big government and quotes by American leaders about the size, power and influence of government? Take our Big Government Quote Quiz to test your knowledge.  (Answers following the quiz.) Pick the American leader who said: 1. “The natural progress of … ...

Articles

news lawsuits filed over the gray wolf

June 04, 2009 | By DAMIEN SCHIFF

The Los Angeles Times reports that two new lawsuits have been filed over the partial delisting of the gray wolf from the Endangered Species Act — some think "leaving wolves in state hands right now threatens their survival," while Wyoming sued over not being included in the decision to delist. … ...

Articles

U.S. Fish and Wildlife Service proves Governor Schwarzenegger wrong on the delta smelt

June 04, 2009 | By DAMIEN SCHIFF

Last week we reported on the U.S. District Court's decision to require the U.S. Fish and Wildlife Service to better justify delta smelt-based water restrictions. The Court also ruled that before the Service decides to impose unnecessarily restrictive water cutbacks, it must first consider the harm the restrictions are likely to cause humans. Gi ...

Articles

New bi-op issued for delta and delta-dependent species

June 04, 2009 | By DAMIEN SCHIFF

Today, the National Marine Fisheries Service issued a new biological opinion governing the operation of the State Water Project and the Central Valley Project as they affect the winter and spring-run Chinook salmon, Central Valley steelhead, the southern population of North American green sturgeon, and Southern Resident killer whales.  The bi ...

Articles

the Endangered Species Act : the de facto authority on California's water?

June 05, 2009 | By DAMIEN SCHIFF

There's plenty of coverage on the web of NMFS's new biological opinion on how California state and federal water projects affect several marine species. Aquafornia has compiled a wide variety of analyses, while Legal Planet's Holly Doremus has a brief summary on the biop and what people are saying about it. The biological opinion seems ...