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Full-Text Articles in Law
Under The Pecos River Compact, Can Texas's Allocation Of Water Be Charged For Evaporation Of Floodwater Stored In An Upstream Reservoir Located In New Mexico?, Robert Abrams
Journal Publications
The 1949 Pecos River Compact allocates the river’s water between Texas and New Mexico. In an earlier phase of this original jurisdiction litigation, concluded roughly 30 years ago, the Supreme Court resolved issues regarding how the states’ obligations were to be calculated. The Compact allocation involves a highly technical formula that depends on measurements of the river’s inflow and outflow in each water year. To effectuate its decision going forward, the Court retained jurisdiction and appointed a River Master to oversee the annual quantification of New Mexico’s delivery obligation. The current dispute arose when in fall of 2014, Tropical Storm …
Does The National Forest Service Have Authority To Grant Rights-Of-Way Under The Mineral Leasing Act Through National Forest Lands Traversed By The Appalachian Trails, Robert Abrams
Journal Publications
Atlantic Coast Pipeline, LLC, proposed construction of a natural gas pipeline stretching from West Virginia to North Carolina. The route approved by the Federal Energy Regulatory Commission included a section running across National Forest System land, including the point at which the pipeline would cross the Appalachian National Scenic Trail (ANST). After initial objections, the U.S. Forest Service reversed course and issued the needed right-of-way across National Forest System lands. Environmental groups objected and a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit unanimously held that the Forest Service had acted arbitrarily and capriciously thereby violating …