Environmental Law

Envt'l Law News Fall 2015, Vol. 24, No. 2

Editor’s Note…

by Scott B. Birkey

This issue is dedicated to the memory of Professor Joseph L. Sax. Professor Sax was a pioneer in environmental law, as well as a good colleague, mentor, and friend to many of us in the environmental law community. Our first article in this issue is a tribute to Professor Sax, delivered by Tony Rossmann at the State Bar Environmental Law Section’s Yosemite Environmental Law Conference in 2014, just a few months after Joe passed away. The next article is written by Professor Holly Doremus at the University of California, Berkeley School of Law (Boalt Hall), where Professor Sax taught for many years, and features Professor Sax’ takings scholarship. Given Professor Sax’ interest in water law, it seems very appropriate that the next three articles pertain to water law issues: first, a look at recent decisions regarding the State Water Resources Control Board’s administrative jurisdiction to prevent illegal or unreasonable water diversion and use; second, a commentary on whether better information may help resolve conflicts over water in the Delta; and finally, an analysis of some implications of the recently enacted Sustainable Groundwater Management Act. These water articles are followed by an article on AB 32’s "pollution markets" and a discussion on whether such an approach is a step backward for reducing the effects of climate change. Next up is an article that looks at the standard of review under CEQA when a project changes. We close out this issue with an article on the Desert Renewable Energy Conservation Plan, and whether that ambitious effort is doomed to collapse under its own weight. This cross-section of substantive topics certainly would have appealed to Joe, and it’s in that spirit that we dedicate this issue to his memory.

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