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- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (3)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (3)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
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- Michael Pappas (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Publications (1)
- Sea Grant Law Fellow Publications (1)
- Supreme Court Case Files (1)
- University of Colorado Law Review (1)
- Washington and Lee Journal of Energy, Climate, and the Environment (1)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
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Articles 1 - 19 of 19
Full-Text Articles in Entire DC Network
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
The Antiregulatory Arsenal, Antidemocratic Can(N)Ons, And The Waters Wars, William W. Buzbee
Georgetown Law Faculty Publications and Other Works
The Clean Water Act has become a centerpiece in an enduring multifront battle against both environmental regulation and federal regulatory power in all of its settings. This Article focuses on the emergence, elements, and linked uses of an antiregulatory arsenal now central to battles over what are federally protected “waters of the United States.” This is the key jurisdictional hook for CWA jurisdiction, and hence, logically, has become the heart of CWA contestation. The multi-decade battle over Waters protections has both drawn on emergent antiregulatory moves and generated new weapons in this increasingly prevalent and powerful antiregulatory arsenal. This array …
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Dr. Carb Or: How I Learned To Stop Worrying About The Feds And Love States’ Rights, Dan Strong
Washington and Lee Journal of Energy, Climate, and the Environment
Climate change is one of the largest environmental problems the world is currently facing. At the forefront of the climate change issue is the problem of carbon emissions. Environmentalists were hopeful that a national regulatory structure would be created with the enactment of the Clean Air Act in the 1970s. Since its enactment, however, it is clear the Clean Air Act was not the solution to the national carbon emissions problem environmentalists were hoping for. With the federal government failing to act, states have taken it upon themselves to regulate carbon emissions. California, with its enactment of the California Low …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Michael Pappas
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Slides: Indian Water Rights, Robert T. Anderson
Slides: Indian Water Rights, Robert T. Anderson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School
19 slides
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
After Gonzales V. Raich: Is The Endangered Species Act Constitutional Under The Commerce Clause, Bradford C. Mank
University of Colorado Law Review
In both its 1995 decision United States v. Lopez and in its 2000 decision United States v. Morrison, the Supreme Court had adopted a narrow economic interpretation of congressional authority to regulate intrastate activities under the Commerce Clause. In four separate cases, three circuit courts (the District of Columbia, Fourth, and Fifth Circuits) struggled with deciding whether Congress may still protect endangered and threatened species that have little commercial value under the Commerce Clause after Lopez and Morrison. In each case, the court concluded that Congress did have the authority to protect endangered species under the Commerce Clause, including small …
State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock
State Resource Sovereignty In A Post-Sporhase World: The Hueco Bolson, A. Dan Tarlock
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
30 pages.
Contains references.
Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson
Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
19 pages.
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson
Publications
No abstract provided.
The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson
The Effluent Charge Approach To Water Quality Control, Ralph W. Johnson
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
10 pages.
Contains references.
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
13 pages.
Includes unsigned annotations by David Getches.
New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer
New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
25 pages.
Contains footnotes and 2 pages of references.
Water As A Public Resource: The Legal Basis, Charles F. Wilkinson
Water As A Public Resource: The Legal Basis, Charles F. Wilkinson
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
37 pages.
Contains 2 pages of references.
Includes unsigned annotations by David Getches.
Extent And Limits Of Federal Power [Outline], George A. Gould
Extent And Limits Of Federal Power [Outline], George A. Gould
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
3 pages.
Kaiser Aetna V. United States, Lewis F. Powell Jr.
Kaiser Aetna V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.