North Lahontan

An Evolutionary Theory of Administrative Law

Southern Methodist University | May 25th, 2018

Law evolves to accommodate change—this is axiomatic in most academic legal traditions. But in the era of the administrative state, with congressional gridlock and a jud

Law evolves to accommodate change—this is axiomatic in most academic legal traditions. But in the era of the administrative state, with congressional gridlock and a judiciary hesitant to address policy questions, evolution of statutory law has become much more difficult. This leads to pent up demand for change in legal regimes. If the legislature and the courts cannot provide an outlet for this pressure, where does it go? How does the law continue to change? Although other scholars have looked to agencies as engines of legal change, we lack a theoretical framework to understand how that change happens. I argue that an evolutionary framework provides an informative framework for understanding administrative legal change. I provide three case studies that demonstrate the administrative evolution of the Endangered Species Act. In spite of tremendous advances in conservation, fundamental changes in scientists’ understanding of human impacts on the natural world, and increasingly strident clashes over private property rights and endangered species, the Act has remained largely unchanged for the last 35 years. In a functioning legislative system, the Act would have been amended to accommodate many of these changes. Instead, the case studies show a mechanism of legal change through agency action analogous to the mechanisms underlying biological evolution. Other commentators have argued the administrative state stymies evolution of the law, but this research contradicts that view. Applying an evolutionary framework to administrative actions creates a new theory of administrative evolution of the law, placing administrative analysis within the long tradition of evolutionary approaches to legal change used by commentators from Aristotle to Holmes. In contrast to traditional normative theories of administrative law, an evolutionary approach focuses on how change progresses over time. This theory of administrative evolution of the law also casts new light on a host of normative questions, from the role of judicial review to improvements in agency decision-making. Considering administrative actions within the broader context of the legal evolution promises a fruitful new approach to analyzing administrative law.

Anthropogenic warming impacts on California snowpack during drought

American Geophysical Union (AGU) | March 15th, 2017

Sierra Nevada climate and snowpack is simulated during the period of extreme drought from 2011 to 2015 and compared to an identical simulation except for the removal of t

Sierra Nevada climate and snowpack is simulated during the period of extreme drought from 2011 to 2015 and compared to an identical simulation except for the removal of the twentieth century anthropogenic warming. Anthropogenic warming reduced average snowpack levels by 25%, with middle‐to‐low elevations experiencing reductions between 26 and 43%. In terms of event frequency, return periods associated with anomalies in 4 year 1 April snow water equivalent are estimated to have doubled, and possibly quadrupled, due to past warming. We also estimate effects of future anthropogenic warmth on snowpack during a drought similar to that of 2011–2015. Further snowpack declines of 60–85% are expected, depending on emissions scenario. The return periods associated with future snowpack levels are estimated to range from millennia to much longer. Therefore, past human emissions of greenhouse gases are already negatively impacting statewide water resources during drought, and much more severe impacts are likely to be inevitable.

Anthropogenic Warming Impacts on Today's Sierra Nevada Snowpack and Flood Risk

American Geophysical Union (AGU) | June 15th, 2018

This study investigates temperature impacts to snowpack and runoff‐driven flood risk over the Sierra Nevada during the extremely wet year of 2016–2017, which followed

This study investigates temperature impacts to snowpack and runoff‐driven flood risk over the Sierra Nevada during the extremely wet year of 2016–2017, which followed the extraordinary California drought of 2011–2015. By perturbing near‐surface temperatures from a 9‐km dynamically downscaled simulation, a series of offline land surface model experiments explore how Sierra Nevada hydrology has already been impacted by historical anthropogenic warming and how these impacts evolve under future warming scenarios. Results show that historical warming reduced 2016–2017 Sierra Nevada snow water equivalent by 20% while increasing early‐season runoff by 30%. An additional one third to two thirds loss of snowpack is projected by the end of the century, depending on the emission scenario, with middle elevations experiencing the most significant declines. Notably, the number of days in the future with runoff exceeding 20 mm nearly doubles under a mitigation emission scenarios and triples under a business‐as‐usual scenario. A smaller snow‐to‐rain ratio, as opposed to increased snowmelt, is found to be the primary mechanism of temperature impacts to Sierra snowpack and runoff. These findings are consequential to the prevalence of early‐season floods in the Sierra Nevada. In the Feather River Watershed, historical warming increased runoff by over one third during the period of heaviest precipitation in February 2017. This suggests that historical anthropogenic warming may have exacerbated runoff conditions underlying the Oroville Dam spillway overflow that occurred in this month. As warming continues in the future, the potential for runoff‐based flood risk may rise even higher.

Anticipating responses to climate change and planning for resilience in California’s freshwater ecosystems

National Academy of Sciences (NAS) | July 29th, 2024

Arctic sea-ice loss drives a strong regional atmospheric response over the North Pacific and North Atlantic on decadal scales

Nature Portfolio (Springer Nature) | March 11th, 2025

Previous studies have suggested that Arctic sea-ice loss can have a profound influence on atmospheric circulation far away from the Arctic. However, there is litt

Previous studies have suggested that Arctic sea-ice loss can have a profound influence on atmospheric circulation far away from the Arctic. However, there is little scientific consensus on the features of these remote responses, with the opposite impacts reported. Here we present a multi-model analysis of the decadal climate response to Arctic sea-ice loss using state-of-the-art energy conserving methodologies to isolate the impacts of sea-ice decline. We observe weakening of the Aleutian Low and development of a geopotential ridge in the North Pacific, associated with drier winter conditions over the southwest United States. Over the Atlantic, a negative NAO-like response drives wetter winter conditions across the western Mediterranean. These decadal-scale impacts substantially differ from reported centennial-scale responses to Arctic sea-ice loss simulated using non-energy conserving methodologies. Factors such as the timescale of the response and methodologies used to isolate the impacts of disappearing sea-ice cover should be carefully considered when consolidating scientific understanding on the future impacts of changing Arctic.

Arsenic in California Drinking Water

Environmental Integrity Project | September 15th, 2016

More than three years after the U.S. Environmental Protection Agency found California in noncompliance with the federal Safe Drinking Water Act, 95 community water system

More than three years after the U.S. Environmental Protection Agency found California in noncompliance with the federal Safe Drinking Water Act, 95 community water systems in the state, serving more than 55,000 people, are still providing water with illegal levels of arsenic, according to an examination of state data for the last two years. Arsenic occurs naturally in the soil and groundwater in parts of California and is a known carcinogen that may also damage the developing brains of children and cause other health problems. Many of the people drinking excessive levels of arsenic are poor and/or Latino or African- American, with a cluster in the San Joaquin Valley. Nearly all have been exposed to excessive arsenic levels for at least five years and probably longer.

Assembly Bill 1337

State of California Office of Legislative Counsel | February 16th, 2023

Assembly Bill No. 2108, Chapter 347, An act to add Sections 189.7 and 13149.2 to the Water Code, relating to water

State of California Office of Legislative Counsel | September 16th, 2022

Assessing Early Implementation of Urban Water Use Efficiency Requirements

Legislative Analyst's Office (LAO) | January 4th, 2024

Legislation approved in 2018 established a long‑term urban water use efficiency framework to “Make Conservation a California Way of Life.” This framework—which is

Legislation approved in 2018 established a long‑term urban water use efficiency framework to “Make Conservation a California Way of Life.” This framework—which is one component of the state’s overall water management strategy—creates new requirements for about 405 urban retail water suppliers that supply water to nearly 95 percent of state residents. This report responds to a requirement contained in the 2018 legislation for our office to assess implementation of the framework. (Our report is not able to address every aspect requested in the legislation due to framework implementation delays.)

Assessing potential effects of changes in water use with a numerical groundwater-flow model of Carson Valley, Douglas County, Nevada, and Alpine County, California

U.S. Geological Survey (USGS) | July 1st, 2012