Monthly Archives: August 2011

No Substitute for Doing It Right (“Guidance” Documents v. Rule-making)

The EPA has recently run into troubles because of its reliance of “Guidance” documents that have not been though the administrative rule-making process under the Administrative Procedure Act (5 U.S.C. § 701, et seq.) This most recent trouble, in the … Continue reading

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Splitting Hairs

A citizen group, oddly comprised mostly of fishermen and conservationists, has launched an assault on the Agricultural Exemption under the Clean Water Act (“CWA”) (33 U.S.C. sections 1251, et seq.) On June 7, 2011, this group issued a sixty day … Continue reading

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Down By Law

A gutsy bid to excuse a joint powers authority comprised of 16 water agency members of the Tehama Colusa Canal Authority located north of the storied Sacramento-San Joaquin River Delta from sharing in water shortages has left them high and … Continue reading

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Politics as Usual

With pressing issues like, oh, I don’t know…the default, descending credit ratings, various wars, and that little economic crisis of no jobs, apparently there is still not enough incentive for our representatives in Washington, D.C. to stop succumbing to partisan … Continue reading

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Delta Smelt Population Improves

On July 20, 2011, the California Dept. of Fish and Game announced that “Young Delta smelt abundance this year roughly doubled when compared to last year”. This is certainly encouraging news, and gives hope to the continued efforts of Californians … Continue reading

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