Circle of Blue quoted S&H James Eklund in their article “A New Zone of Uncertainty”: What West Virginia v. EPA Means for Water and Environment. The following is an excerpt from the article.

“Hesitancy on the part of federal agencies could be damaging for U.S. water issues, many of which cut across state boundaries. James Eklund, an environmental lawyer and architect of the Colorado Water Plan, said that ambitious action by the Bureau of Reclamation has been central to averting the worst water shortages in the American West. States have a strategic interest in maintaining unsustainable water yields. It takes an ultimatum, like the one the Bureau issued last month, to bring states to the negotiating table. 

‘States aren’t acting. This is a problem that requires at least federal participation, if not federal leadership,’ Eklund said. ‘[West Virginia] really gets to the ability of the federal government to credibly tell the states…’We need you states to come up with a plan’.

He added: ‘If the major questions doctrine is applied to such a unilateral action, there is a pretty real threat that the federal government would be prohibited from acting.’

Advocates are not holding their breath for nimble action by Congress. America’s political landscape is more polarized than ever. Basic science on climate and environment is seen as political. As a result, agencies are hemmed in by dated statutes that were penned for the climate of last century. 

Eklund sees the West Virginia decision as a step in the wrong direction. ‘This is a time when we need greater agility from our government, not less,’ Eklund said.”

To read the full article, click here.