CPR Archive for Dan Tarlock

Forty Years Later, Time to Turn in the CWA Clunker for Something Suited for the 21st Century

by Dan Tarlock | October 12, 2012

As the Clean Water Act (CWA) turns 40, it is useful to compare it to the cars on the road in 1972. Big cars, some still adorned with tail fins and grills, ruled the road, running on 36 cents per gallon gas.  Forty years later, we look back on the early 70s and ask how could we consider these cars, and what we wore driving them, so cool. Today, we are driving smaller, better engineered and designed fuel efficient cars.   

If only it were so for our water protection laws. Instead, we are still trying to maintain and improve the quality of our nation’s waters and the aquatic ecosystems that they support with a clunky piece of legislation written four decades ago.  For a long time, most in the environmental community have recognized that the CWA needs to be traded in.

The environmental community has three options for the future of the Act. First, it could spend all its time keeping the clunker running as industry uses the Republican Party to eviscerate it or return to pre-1972 inconsistent and largely non-existent state protection.  Second, there is a well-developed incremental reform agenda. It includes closing gaps such as non-point sources and confined agricultural run-off, reforming the dysfunctional Section 404 Corps-EPA relation, and strengthening the long-running TMDL program.  The third option is to work toward trading in the Act for a new model, an Audi A8 Clean Water Act, if you ...

The First 100 Days: At Interior, Several Positive Developments, but the Jury is Still Out

by Dan Tarlock | April 29, 2009
This post is written by CPR Member Scholars Dan Tarlock and Holly Doremus How has the Department of Interior fared during the first 100 days? If history is any guide, the issue may be more important than many people assume. With one major and one minor exception, Secretaries of the Interior stay put in Democratic administrations. Franklin Lane served from 1913 until the last year of the Wilson Administration. Harold Ickes was FDR's only Secretary and he served until his ...

Takings Claims in the Klamath Basin

by Dan Tarlock | February 03, 2009
(Dan Tarlock files this post with CPR Member Scholar Holly Doremus.  The two are co-authors of Water War in the Klamath Basin: Macho Law, Combat Biology, and Dirty Politics, published by Island Press in 2008.)   Last week, the Oregon Supreme Court agreed to decide whether irrigators in the Klamath Basin "own" water delivered by the federal Klamath Reclamation Project. This latest development is one more twist in an ongoing property rights case that illustrates both how difficult it can ...

Bush Record on Biodiversity and Endangered Species

by Dan Tarlock | January 19, 2009
Editor's Note:  With the Bush Administration's remaining time in office now measured in hours, we asked CPR Member Scholars to remind us of some of the less publicized moments of the Administration's record on environmental issues.   Following is the first of several entries that we'll run on CPRBlog before President Bush returns to Texas.  A. Dan Tarlock is first up.   The record of the Bush II Administration on biodiversity is one of almost unrelenting hostility to the idea and ...

Also from Dan Tarlock

A. Dan Tarlock is a Distinguished Professor of Law at the Chicago- Kent College of Law and Honorary Professor UNECSO Centre for Water Law, Science and Policy, University of Dundee, Scotland. His teaching and research interests include environmental law, property, land use controls, biodiversity conservation and water law.

Takings Claims in the Klamath Basin

Tarlock | Feb 03, 2009 | Environmental Policy

Bush Record on Biodiversity and Endangered Species

Tarlock | Jan 19, 2009 | Environmental Policy

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