Tomorrow, Tuesday, Frontline will air Poisoned Waters, a two-hour documentary on the continuing pollution of American waterways (9pm on many PBS stations; check your local listings). Having seen part of the program, I recommend it. Watching a bulldozer move chicken manure – much of which will end up in the Chesapeake Bay – and seeing filthy stormwater drains pouring into Puget Sound serve as stark reminders for why fighting for clean water matters.

Six-legged frogs swim in the Potomac River. The oyster population in the Chesapeake Bay is decimated, only two percent of what it was fifty years ago. Approximately 150,000 pounds of untreated toxins drain into Puget Sound every day. One large industrial hog farm produces the same amount of waste as a city the size of Philadelphia annually – and much of this waste runs off into our rivers. The ways our waters are in trouble go …

As ClimateWire reported (available via nytimes.com) the other week, government agencies are struggling with how to fit climate change into the process of environmental review (such as for licensing energy facilities or expanding offshore oil drilling). At one level, this is a no-brainer. Greenhouse gases contribute to climate change, and climate change is the biggest environmental impact of all.

But as always, the devil is in the details. The direct use of fossil fuels resulting from a project should usually be easy to figure out. Adding the "embodied carbon" in construction materials is a bit trickier. Going beyond that, there are indirect carbon impacts. For instance, a federal action that decreases soybean acreage in the United States could raise the price of soybeans and encourage farmers in Brazil to cut down rain forest in order to plant more beans.

There's also the question of when …

Today, EPA gave notice that it intends to regulate greenhouse gases under the federal Clean Air Act. Technically, the notice is a proposed finding that greenhouse gases endanger public health. When it becomes final after EPA has had a chance to consider public comments, this finding will trigger other regulatory requirements that will move the U.S. in the right direction.

EPA's announcement is an important landmark, because it is an unambiguous acknowledgment -- finally -- that the federal government must play a role in curbing global warming. Perhaps more important, it will add critical momentum to congressional efforts to pass climate change legislation, because it effectively eliminates any hope that industry had of avoiding regulation of carbon emissions altogether. Opponents now know that if they delay or defeat climate change legislation, they'll eventually face regulation from EPA. That ought to focus the debate.

Some background: Section …

On Friday, the Washington Times went A1 above-the-fold with "Climate bill could trigger lawsuit landslide."

Environmentalists say the measure was narrowly crafted to give citizens the unusual standing to sue the U.S. government as a way to force action on curbing emissions. But the U.S. Chamber of Commerce sees a new cottage industry for lawyers. "You could be spawning lawsuits at almost any place climate-change modeling computers place at harm's risk," said Bill Kovacs, energy lobbyist for the U.S. Chamber of Commerce.

Quite simply, this is a false alarm. One week before the Washington Times "Exclusive" on the citizen enforcement suit provisions in Waxman-Markey, I wrote here about the provisions. They are important, and good. And they're not exactly radical. Every major pollution control statute, including the laws governing water pollution, air pollution, and hazardous waste disposal, authorizes citizens to go to …

Avery DeGroh, a three-year old from Illinois, had a defibrillator implanted in her heart to deal with a congenital condition called “long QT syndrome.” It was a brand-new model with a specially designed wire (or “lead”) that is thinner and easier for doctors to install. Unfortunately, due to a problem with the new lead, one day the defibrillator shocked Avery unnecessarily nine times, sending jolts of electricity through her young heart. She was rushed to the hospital and had the device removed. She’s doing well with a portable defibrillator now, but the episode was just the beginning of a new battle for her parents.

Removing the device, of course, was incredibly expensive. But even though the company that manufactured the defective defibrillator, Medtronic, recalled the device, it refused to reimburse Avery’s parents for any of the costs associated with getting a replacement since they didn …

Say you live in an urban neighborhood where crime is worrisome but not overwhelming. The police are chronically understaffed, with no money to walk the beat, and instead depend on what we might call a “deterrence-based enforcement system” – making high-profile arrests, prosecuting the worst violators, and relying on the resulting publicity to frighten others from taking up a life of crime. Now suppose a group of trade associations representing local “businesses,” that is to say drug dealers and thieves, marches on the police station demanding a gentler approach. Instead of making arrests, the police form a little club that offers conveniently scheduled workshops on how to comply with the law. And any club member that asserts an intention to try to be a better person – yard-long rap sheet notwithstanding – is invited to an award ceremony, and given a plaque for their wall along with a walk on …

A recent article in the Los Angeles Times described the latest absurdity in the never-ending search to quench the thirst for water: ownership of rainwater and, more precisely, the illegality of rainwater harvesting.  Residents and communities in parts of Colorado are turning to this ancient practice of collecting and storing rain to fulfill their domestic water needs, including flushing toilets and watering lawns.  Using this “grey” water, as it is called, relieves pressure on water resources and can be extremely efficient.

Many long-time water users, however, object to the practice.

These so-called water buffaloes argue that people who collect rainwater are taking away from their water by collecting the water before it has a chance to flow into a river from which they obtain water.  Effectively, they argue, the rainwater belongs to them – they own the rain that falls from the sky as part of their water …

On Tuesday, March 31, House Energy and Commerce Committee Chairman Henry Waxman (D-CA) and Rep. Edward Markey (D-MA) released a "discussion draft" of the American Clean Energy and Security Act of 2009 -- a climate change bill that will serve as the starting point for long-delayed congressional action on the world's most pressing environmental program. CPRBlog asked several Center for Progressive Reform Member Scholars to examine different aspects of the 648-page Waxman-Markey bill. This entry, by William Buzbee, examines if the bill would preempt state laws.

In the Waxman-Markey bill, as in any proposed federal legislation, a key question concerns the ongoing role of the states. States have long played positive, cooperative and often innovative roles in working to accomplish environmental goals. But state activism is not met with universal applause. In the climate change area, as in other environmental law areas, one of the motivations for …