House Bills 3620 and 3621, by Representative Isaac, Erode Water Quality and Open Space Protections in the Hill Country

The Kay Bailey Hutchison Center for Energy, Law, and Busines

Implementing SB 3: Adopting Environmental Flows in Texas

Senate Bill 3 emerged from the Texas Legislature in 2007 as an attempt to create certainty over how the state deals with allocating water to environmental flows. Senate Bill 3 created a process in the Water Code requiring regional stakeholder groups (referred to as Basin and Bay Area Stakeholder Committees or BBASCs) to develop consensus-based environmental flow standards and strategies to meet the environmental flow standards specific to the rivers and bay systems in a particular region. The concept of “environmental flows” describes the flows of water necessary to protect the ecological health of rivers and of the bays and estuaries that are the ultimate recipients of these flows. The consensus of the scientific community is that for environmental flow standards to be adequate to support a sound ecological environment in a stream system, they must include minimum subsistence flows, varying levels of base flows, high flow pulses, and overbank pulses that vary throughout the year. Environmental flow standards establish requirements that govern when a water right holder may remove water from a stream or a river (instream flow requirements), thus protecting that water for instream and bay or estuary environmental needs. The Water Code directs the Texas Commission on Environmental Quality (TCEQ), after considering the stakeholder committees’ recommendations, to adopt environmental flow standards “adequate to support a sound ecological environment, to the maximum extent reasonable considering other public interests and other relevant factors.” This paper summarizes the environmental flow standard and strategy recommendations made by the six stakeholder committees that submitted reports to the TCEQ and compares these to the standards the TCEQ ultimately adopted. The adopted standards only apply to permits seeking a new appropriation of water or to an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted.The Kay Bailey Hutchison Center for Energy, Law, and Busines

Texas Water Planning and the Endangered Species Act

The Kay Bailey Hutchison Center for Energy, Law, and Busines

Rule of Capture Undermines Groundwater Regulation in Texas

The Kay Bailey Hutchison Center for Energy, Law, and Busines

Protecting Species or Endangering Development? How Consultation Under the Endangered Species Act Affects Energy Projects on Public Lands

Executive Summary Throughout its forty-three-year history, the Endangered Species Act (“ESA”) has been one of the most celebrated environmental laws but also one of the most reviled. After passing with strong bi-partisan support in 1973, the ESA has recently faced growing opposition, amid concerns that it has failed to adequately protect species, while unreasonably impeding economic development. Much of the criticism has been directed towards section 7 of the ESA, which requires federal agencies to ensure that actions they undertake or authorize do not jeopardize threatened or endangered species, by consulting with the U.S. Fish and Wildlife Service (“FWS”). Industry groups have argued that the consultation requirement frequently stops or delays much needed energy, transportation, water supply, and other projects. This study seeks to assess the impact of consultation, under section 7 of the ESA, on energy development on public land. To this end, the study analyzes 179 consultations undertaken between FY2010 and FY2014 with respect to oil, gas, solar, and wind energy projects on public land managed by the Department of Interior’s Bureau of Land Management (“BLM”). Basic information about each consultation, including a brief description of the project involved and a list of species affected, was obtained from FWS’s Tracking and Integrated Logging System. We also reviewed the biological opinions and concurrence letters issued by FWS and, for a subset of consultations, interviewed agency staff and industry representatives involved. Key findings from the analysis include: A relatively small number of energy projects authorized on federal lands between FY2010 and FY2014 went through the consultation process. The majority (eighty percent) of consultations that were carried out involved oil and gas drilling projects. Fifteen percent of consultations related to solar energy projects and five percent to wind energy projects. Only a small proportion (ten percent) of all oil and gas drilling projects approved by BLM from FY2010 to FY2014 were subject to consultation. In contrast, eighty-two percent of BLM approved solar energy projects and seventy-one percent of BLM approved wind energy projects underwent consultation. Most of the energy project consultations undertaken between FY2010 and FY2014 were completed within the 135 day time limit set in the ESA. There was, however, often significant back-and-forth between FWS, BLM, and the project proponent prior to the official start of consultation. This is a concern for industry, as pre-consultation discussions can add significant time to the review process and thereby lead to project delays. The need to consult can also give rise to significant uncertainty for industry. The assessment of project effects and the measures required to mitigate those effects often differs markedly between, and even within, FWS offices. Similar projects may, therefore, be assessed differently depending on the FWS staff handling the consultation. FWS has recently taken steps to address industry concerns regarding the potential for project delays and inconsistencies in the review process. To this end, FWS has issued a number of programmatic biological opinions, which cover multiple similar actions. Where a project is covered by a programmatic biological opinion, consultation tends to proceed more quickly, and there is less need for pre-consultation discussions. The existence of a programmatic biological opinion can also greatly reduce the complexity of consultation and generally leads to increased certainty for project developers.The Kay Bailey Hutchison Center for Energy, Law, and Busines

Protecting Species or Hindering Energy Development? How the Endangered Species Act Impacts Energy Projects on Western Public Lands

Since it was enacted in 1973, the ESA has been one of the most celebrated environmental laws, but also one of the most reviled. Industry groups argue that the consultation process frequently delays and sometimes halts much needed energy, transportation, water supply, and other projects and often dramatically increases project costs. Environmentalists disagree with this view, contending that the process actually rarely stops anything and that the FWS lacks the backbone to impose meaningful conservation requirements that would be costly or inconvenient for the project developer. In 2015, the authors decided to delve deeply into ESA §7 to analyze how it actually works in practice and to assess the validity of various parties’ claims about the consultation process. They focused on the impact of §7 consultation on energy development on public land. This Comment is an overview of that study and key findings. In a nutshell, the authors learned that only a small fraction of energy projects developed on public land are reviewed at all under §7. When it applies, the consultation process appears to go quickly and smoothly for the vast majority of oil and gas projects, for a variety of reasons. On the other hand, consultation on solar energy and wind energy projects tends to be lengthy and complicated.The Kay Bailey Hutchison Center for Energy, Law, and Busines

Advancing Groundwater Sustainability in Texas: A Guide to Existing Authorities and Management Tools for Groundwater Conservation Districts and Communities

Groundwater provides about 60% of our yearly water supply in Texas — it is a vital, yet limited, resource that supports Texas communities, economies, and natural systems. Despite its importance, across most of Texas, groundwater is being managed in a way that allows for its eventual depletion, putting communities, rivers and streams and the ecosystems that depend on groundwater at risk. A recent report from the Meadows Center for Water and the Environment concluded groundwater conservation districts, Texas' preferred method of managing groundwater, have an opportunity to change course and to manage groundwater sustainably.Fortunately, the Texas Legislature wisely imparted management obligations on GCDs that are imperative for long-term water security and livability of Texas' communities. And the Legislature has equipped GCDs with a full toolbox of planning, rulemaking, and permitting authorities to carry out their management obligations. GCDs have flexibility within their existing authorities to integrate sustainability principles into management goals, desired future conditions, management plans, and rules. Although GCDs face challenges managing a common pool resource that is privately owned and many suffer from a lack of funding and state investment in local data and modeling, GCDs can still move toward sustainable management by actively engaging the public and implementing new approaches through smaller, targeted programs, enabling GCDs to fully utilize the tools already available to them

A chemical survey of exoplanets with ARIEL

Thousands of exoplanets have now been discovered with a huge range of masses, sizes and orbits: from rocky Earth-like planets to large gas giants grazing the surface of their host star. However, the essential nature of these exoplanets remains largely mysterious: there is no known, discernible pattern linking the presence, size, or orbital parameters of a planet to the nature of its parent star. We have little idea whether the chemistry of a planet is linked to its formation environment, or whether the type of host star drives the physics and chemistry of the planet’s birth, and evolution. ARIEL was conceived to observe a large number (~1000) of transiting planets for statistical understanding, including gas giants, Neptunes, super-Earths and Earth-size planets around a range of host star types using transit spectroscopy in the 1.25–7.8 μm spectral range and multiple narrow-band photometry in the optical. ARIEL will focus on warm and hot planets to take advantage of their well-mixed atmospheres which should show minimal condensation and sequestration of high-Z materials compared to their colder Solar System siblings. Said warm and hot atmospheres are expected to be more representative of the planetary bulk composition. Observations of these warm/hot exoplanets, and in particular of their elemental composition (especially C, O, N, S, Si), will allow the understanding of the early stages of planetary and atmospheric formation during the nebular phase and the following few million years. ARIEL will thus provide a representative picture of the chemical nature of the exoplanets and relate this directly to the type and chemical environment of the host star. ARIEL is designed as a dedicated survey mission for combined-light spectroscopy, capable of observing a large and well-defined planet sample within its 4-year mission lifetime. Transit, eclipse and phase-curve spectroscopy methods, whereby the signal from the star and planet are differentiated using knowledge of the planetary ephemerides, allow us to measure atmospheric signals from the planet at levels of 10–100 part per million (ppm) relative to the star and, given the bright nature of targets, also allows more sophisticated techniques, such as eclipse mapping, to give a deeper insight into the nature of the atmosphere. These types of observations require a stable payload and satellite platform with broad, instantaneous wavelength coverage to detect many molecular species, probe the thermal structure, identify clouds and monitor the stellar activity. The wavelength range proposed covers all the expected major atmospheric gases from e.g. H2O, CO2, CH4 NH3, HCN, H2S through to the more exotic metallic compounds, such as TiO, VO, and condensed species. Simulations of ARIEL performance in conducting exoplanet surveys have been performed – using conservative estimates of mission performance and a full model of all significant noise sources in the measurement – using a list of potential ARIEL targets that incorporates the latest available exoplanet statistics. The conclusion at the end of the Phase A study, is that ARIEL – in line with the stated mission objectives – will be able to observe about 1000 exoplanets depending on the details of the adopted survey strategy, thus confirming the feasibility of the main science objectives.Peer reviewedFinal Published versio

Antimicrobial resistance among migrants in Europe: a systematic review and meta-analysis

BACKGROUND: Rates of antimicrobial resistance (AMR) are rising globally and there is concern that increased migration is contributing to the burden of antibiotic resistance in Europe. However, the effect of migration on the burden of AMR in Europe has not yet been comprehensively examined. Therefore, we did a systematic review and meta-analysis to identify and synthesise data for AMR carriage or infection in migrants to Europe to examine differences in patterns of AMR across migrant groups and in different settings. METHODS: For this systematic review and meta-analysis, we searched MEDLINE, Embase, PubMed, and Scopus with no language restrictions from Jan 1, 2000, to Jan 18, 2017, for primary data from observational studies reporting antibacterial resistance in common bacterial pathogens among migrants to 21 European Union-15 and European Economic Area countries. To be eligible for inclusion, studies had to report data on carriage or infection with laboratory-confirmed antibiotic-resistant organisms in migrant populations. We extracted data from eligible studies and assessed quality using piloted, standardised forms. We did not examine drug resistance in tuberculosis and excluded articles solely reporting on this parameter. We also excluded articles in which migrant status was determined by ethnicity, country of birth of participants' parents, or was not defined, and articles in which data were not disaggregated by migrant status. Outcomes were carriage of or infection with antibiotic-resistant organisms. We used random-effects models to calculate the pooled prevalence of each outcome. The study protocol is registered with PROSPERO, number CRD42016043681. FINDINGS: We identified 2274 articles, of which 23 observational studies reporting on antibiotic resistance in 2319 migrants were included. The pooled prevalence of any AMR carriage or AMR infection in migrants was 25·4% (95% CI 19·1-31·8; I2 =98%), including meticillin-resistant Staphylococcus aureus (7·8%, 4·8-10·7; I2 =92%) and antibiotic-resistant Gram-negative bacteria (27·2%, 17·6-36·8; I2 =94%). The pooled prevalence of any AMR carriage or infection was higher in refugees and asylum seekers (33·0%, 18·3-47·6; I2 =98%) than in other migrant groups (6·6%, 1·8-11·3; I2 =92%). The pooled prevalence of antibiotic-resistant organisms was slightly higher in high-migrant community settings (33·1%, 11·1-55·1; I2 =96%) than in migrants in hospitals (24·3%, 16·1-32·6; I2 =98%). We did not find evidence of high rates of transmission of AMR from migrant to host populations. INTERPRETATION: Migrants are exposed to conditions favouring the emergence of drug resistance during transit and in host countries in Europe. Increased antibiotic resistance among refugees and asylum seekers and in high-migrant community settings (such as refugee camps and detention facilities) highlights the need for improved living conditions, access to health care, and initiatives to facilitate detection of and appropriate high-quality treatment for antibiotic-resistant infections during transit and in host countries. Protocols for the prevention and control of infection and for antibiotic surveillance need to be integrated in all aspects of health care, which should be accessible for all migrant groups, and should target determinants of AMR before, during, and after migration. FUNDING: UK National Institute for Health Research Imperial Biomedical Research Centre, Imperial College Healthcare Charity, the Wellcome Trust, and UK National Institute for Health Research Health Protection Research Unit in Healthcare-associated Infections and Antimictobial Resistance at Imperial College London

Les droits disciplinaires des fonctions publiques : « unification », « harmonisation » ou « distanciation ». A propos de la loi du 26 avril 2016 relative à la déontologie et aux droits et obligations des fonctionnaires

The production of tt‾ , W+bb‾ and W+cc‾ is studied in the forward region of proton–proton collisions collected at a centre-of-mass energy of 8 TeV by the LHCb experiment, corresponding to an integrated luminosity of 1.98±0.02 fb−1 . The W bosons are reconstructed in the decays W→ℓν , where ℓ denotes muon or electron, while the b and c quarks are reconstructed as jets. All measured cross-sections are in agreement with next-to-leading-order Standard Model predictions.The production of $t\overline{t}$, $W+b\overline{b}$ and $W+c\overline{c}$ is studied in the forward region of proton-proton collisions collected at a centre-of-mass energy of 8 TeV by the LHCb experiment, corresponding to an integrated luminosity of 1.98 $\pm$ 0.02 \mbox{fb}^{-1}. The $W$ bosons are reconstructed in the decays $W\rightarrow\ell\nu$, where $\ell$ denotes muon or electron, while the $b$ and $c$ quarks are reconstructed as jets. All measured cross-sections are in agreement with next-to-leading-order Standard Model predictions