The Levee Was Dry

Legal updates & commentary on flood risk and floodplain management

When Congress debated the Endangered Species Act of 1973, bill sponsors expressed concern about individuals who capture or kill animals “for pleasure or profit” and also recognized habitat destruction as a principal threat to protected species. With its core purpose to make it unlawful for any person to “take” a listed species anywhere in the…

I’ve been working through a series of posts from my September trip to the Netherlands and England with NAFSMA, touring European flood control facilities. The first post went up from the Biesbosch, and more are coming. But I’m interrupting the series because something closer to home deserves attention now.

This week, Dr. Daniel…

On September 21, 2026, Governor Gavin Newsom proclaimed a statewide state of emergency in anticipation of a developing El Niño event that NOAA’s Climate Prediction Center projects has a greater than 90% chance of reaching “very strong” intensity this fall and winter, with a 69% chance of surpassing every El Niño on record since 1950.…

In case you haven’t heard, the National Weather Service is predicting, with high certainty, a very strong El Niño this year. A strong El Niño has already formed with a 90% chance of it strengthening to very strong and a 60% chance of it developing into the strongest since 1950.  If you search El Niño…

Data center development is accelerating across California, bringing increased attention to the water supplies and infrastructure needed to serve these projects. That attention has prompted both developers and public agencies to address issues such as long-term reliability, infrastructure costs, drought planning, and the disclosure of project information. Pending legislation would add new requirements in several…

On August 17, 2026, a unanimous panel of the Ninth Circuit Court of Appeals rejected a years-long challenge to the United States Bureau of Reclamation’s (“Reclamation”) conversion of certain federal water service contracts, granting a significant win to the municipal and irrigation contractors relying on those agreements to provide water to cities and farms across…