Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Colorado Law School (18)
- West Virginia University (8)
- Pace University (6)
- University of Michigan Law School (5)
- Maurer School of Law: Indiana University (4)
-
- William & Mary Law School (3)
- Cleveland State University (2)
- Golden Gate University School of Law (2)
- Selected Works (2)
- University of Missouri School of Law (2)
- Vanderbilt University Law School (2)
- Boston University School of Law (1)
- Cornell University Law School (1)
- Florida A&M University College of Law (1)
- Fordham Law School (1)
- Texas A&M University School of Law (1)
- University of Kentucky (1)
- University of Louisville (1)
- University of Washington School of Law (1)
- Publication Year
- Publication
-
- West Virginia Law Review (8)
- Elisabeth Haub School of Law Faculty Publications (4)
- Articles by Maurer Faculty (3)
- Michigan Law Review (3)
- University of Colorado Law Review (3)
-
- William & Mary Environmental Law and Policy Review (3)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (2)
- Cleveland State Law Review (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Pace Environmental Law Review (2)
- Publications (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- University of Michigan Journal of Law Reform (2)
- Vanderbilt Law Review (2)
- Articles (1)
- Cornell Law Faculty Publications (1)
- Emily L Sherwin (1)
- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
- Fordham Urban Law Journal (1)
- Gabriel Eckstein (1)
- Golden Gate University Environmental Law Journal (1)
- Indiana Law Journal (1)
- Journal Publications (1)
- Kentucky Law Journal (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Poverty Law Conference & Symposium (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- The Cardinal Edge (1)
- The Promise and Peril of Oil Shale Development (February 5) (1)
- Publication Type
Articles 1 - 30 of 62
Full-Text Articles in Law
Fights Over Continuity - In Life And Law, Jamison E. Colburn
Fights Over Continuity - In Life And Law, Jamison E. Colburn
William & Mary Environmental Law and Policy Review
What is the whole: a river or that river and its tributaries? There is no “natural” answer to the question, only so many answers as there are reasons for asking. Lately, the Clean Water Act has been the captive of such diversions in our Supreme Court’s agenda. Changing it will not free it from that captivity. For whatever reforms we choose could still provide boundless opportunities for frustration in questions like the above. If the Court is as eager to cause that frustration as it has appeared lately, maybe we should help the Court to its fight with this iconic …
Water Quality: Successes, Shortcomings, And The Future, Jaley F. Adkins
Water Quality: Successes, Shortcomings, And The Future, Jaley F. Adkins
The Cardinal Edge
No abstract provided.
Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park
Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park
William & Mary Environmental Law and Policy Review
This Note calls for the Virginia Supreme Court to recognize that a city’s right to freely pollute the public waterways is no longer valid under the Virginia Constitution, and to recognize that the line of Darling cases granting municipalities the public right to pollute waterways should have been overturned.
Part I will set out the foundation for this Note. It will discuss the background of Johnson v. City of Suffolk, laying the context for this Note’s discussion. Part II will engage in an analysis of the rationale for Darling. It will contextualize and compare it to current understandings …
The Water Is On Fire: Current Circuit Approaches To Fee-Shifting In Citizen-Suits Under The Clean Water Act And The Need For Clearer And More Uniform Standards, Charles Kinley
William & Mary Environmental Law and Policy Review
This Note will start by providing a short explanation of the origins of and congressional goals for the fee-shifting provision in the CWA [Clean Water Act]. It will then offer a brief summary of how Supreme Court precedent has both clarified and confused this issue. Then, it will dive into an examination of how the different circuits and their district courts have interpreted the CWA’s fee-shifting provision and how these interpretations have struggled with past Supreme Court decisions. Finally, this Note will explore the costs and benefits associated with these fee-shifting standards and offer a potential solution to this problem. …
Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz
Using Citizen Suits To Remedy Environmental Injustice And Achieve Clean Water In California, Paul Kneitz
Poverty Law Conference & Symposium
Nearly fifty years since the passage of the Clean Water Act (“CWA”) in 1972, widespread pollution of California’s surface and groundwater continues across the state. “Over half of California’s lakes, bays, wetlands, and estuaries are too polluted to swim, drink, or fish,” according to the State Water Resources Control Board. Poor and working-class communities suffer disproportionately from the negative externalities and environmental impacts of water pollution, including effects on human health and wellness.
With a focus on the CWA citizen suit provision, this paper examines how the legal and administrative processes for water pollution control have not effectively addressed the …
When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth
When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth
Cleveland State Law Review
The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens and …
Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner
Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner
Pace Environmental Law Review
This Note examines the merits of the “bodily integrity” claim that the Flint residents have alleged in Mays (but does not discuss any claims asserted in Earley, the case Mays was consolidated with on appeal), and asserts that they should be successful on this claim on remand, assuming that the facts alleged in the Flint residents’ complaint are true. This Note outlines the alleged facts and then discusses the existing case law on bodily integrity claims generally, both in the non-environmental justice and environmental justice fields. Following is an explanation of the specific bodily integrity claim the Flint residents have …
The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof
The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof
Golden Gate University Environmental Law Journal
This article will examine two at-risk American rivers through a comparison of the different legal approaches brought by the citizens and conservation groups fighting to protect them. Through analysis of the two lawsuits, this article will highlight the flaws of the traditional approach, and introduce a novel proposal for a shift in the lens under which nature is considered in American jurisprudence.
Part I will survey the Suwannee River and a citizen suit against a poultry-packing plant accused of illegally fouling its waters through repeated violations of an EPA-issued permit governing wastewater discharges. This suit represents the congressionally-created traditional avenue …
Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans
Public Conservation Policies On Private Land: A Case Study Of The Brazilian Forest Code And Implications For The Agro-Industry Sector, Rayane Aguiar, Jody M. Endres, Caroline Taylor, Samuel Evans
Pace Environmental Law Review
The objectives of this paper are to discuss (1) a brief history of the Brazilian Forest Code (FC); (2) key aspects of the 2012 FC revisions; (3) the status of implementation, including institutional and field-level challenges, as well as economic incentives to ease compliance; and (4) the importance of the FC for the Brazilian agro-industrial sector.
Drinking Water Protection And Agricultural Exceptionalism, Margot J. Pollans
Drinking Water Protection And Agricultural Exceptionalism, Margot J. Pollans
Elisabeth Haub School of Law Faculty Publications
Providing safe drinking water is a basic responsibility of government. In the United States, local water utilities shoulder much of this burden, but federal drinking water law sets these utilities up to fail. The primary problem arises in the context of nonpoint source pollution, where federal drinking water law favors end-of-line clean up by water utilities over pollution prevention by farmers and other nonpoint source polluters. This system is both inefficient and unfair.
Although the Safe Drinking Water Act requires local utilities to provide safe water, it gives them few tools to engage in water pollution prevention and instead emphasizes …
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Gabriel Eckstein
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of pharmaceuticals in the environment can have detrimental effects on aquatic and terrestrial species. Unfortunately, the cost of removing these pernicious substances is out of the financial reach of most municipalities and wastewater and drinking water treatment operators.Despite the concerns, little effort has been made to develop broad management, mitigatory, or …
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Drugs On Tap: Managing Pharmaceuticals In Our Nation’S Waters, Gabriel Eckstein
Faculty Scholarship
Pharmaceuticals in the environment and public water supplies are believed to have serious impacts on human and environmental health. Current research suggests that exposure to certain drugs and their residues may result in a variety of adverse human health effects. Other studies more conclusively show that even minute concentrations of pharmaceuticals in the environment can have detrimental effects on aquatic and terrestrial species. Unfortunately, the cost of removing these pernicious substances is out of the financial reach of most municipalities and wastewater and drinking water treatment operators.
Despite the concerns, little effort has been made to develop broad management, mitigatory, …
The Bubble Concept In Water Pollution Control, Emily Sherwin
The Bubble Concept In Water Pollution Control, Emily Sherwin
Emily L Sherwin
No abstract provided.
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the third in a series of five, examines the meaning of “navigable waters” under the Clean Water Act. It traces the traditional judicial interpretation of navigable waters and how Congress and EPA attempted to extend its meaning, then examines how the term has been applied in the context of tributaries and wetlands, isolated waters, groundwater, and EPA’s unitary theory of navigable waters. The author then analyzes EPA and the Corps’ 2014 proposed amendments to the definition of “waters of the United States,” and concludes that those amendments may resolve much of the interpretive crisis.
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Point Source” Element Of The Clean Water Act Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Point Source” Element Of The Clean Water Act Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most continuing water pollution problems can be traced primarily to nonpoint sources. EPA should define nonpoint sources by regulation and begin to expand the definition of point source by incorporating established case law and Agency practice to bring more nonpoint sources into the point source definition.
Slides: What We Know (And Don’T Know) About The Effects Of Oil And Gas Development On Water Quality, Joseph N. Ryan
Slides: What We Know (And Don’T Know) About The Effects Of Oil And Gas Development On Water Quality, Joseph N. Ryan
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Prof. Joe Ryan, University of Colorado Boulder, Environmental Engineering, AirWaterGas Sustainability Research Network, www.airwatergas.org
28 slides
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Pollutant” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Pollutant” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the second in a series of five, examines the meaning of “pollutant” under the Clean Water Act. Congress and EPA have defined “pollutant” to mean a list of specific substances and broad categories of materials and wastes discharged into water, e.g., “biological materials” and “chemical wastes.” The definition is broad enough to encompass virtually all substances associated with human activity that are discharged to water, regardless of whether the substances cause pollution or are produced through human endeavor. Therefore, “pollutant” is rarely a limiting element. Instead, the issues with the definition of “pollutant” primarily address whether it includes …
Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine
Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming
15 slides
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Matt Sura, University of Colorado Law School
48 slides
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
Reimagining Western Water Law: Time-Limited Water Right Permits Based On A Comprehensive Beneficial Use Doctrine, Michael Toll
University of Colorado Law Review
The dwindling supply of western water resources and the increasing water demands of a growing population necessitate a fundamental reexamination of the prior appropriation system. As a nineteenth century system of water allocation, prior appropriation, traditionally applied, is ill-equipped to effectively and efficiently cope with these twenty-first-century realities. The system must be reformed. The reimagining of western water law has two components. First, the determination of whether water is being put to a "beneficial use" should be based upon a holistic, comparative assessment of the relative value of the use of that water-an exercise in values and priorities that is …
Colorado River Water: Mexico's Perspective On The Ongoing Negotiations, Mario López Pérez
Colorado River Water: Mexico's Perspective On The Ongoing Negotiations, Mario López Pérez
US-Mexico Negotiations on Improved Colorado River Management: An Update (February 19)
Presenter: Mario López, Engineering and Technical Standards Manager, National Water Commission of México
53 slides
Slides: The Peril Of Energy Usage, Mike Tupper
Slides: The Peril Of Energy Usage, Mike Tupper
The Promise and Peril of Oil Shale Development (February 5)
Presenter: Mike Tupper, Executive Vice President, Composite Technology Development, Inc.
9 slides
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab
Crossing The Home-Rule Boundaries Should Be Mandatory: Advocating For A Watershed Approach To Zoning And Land Use In Ohio, Melanie Shwab
Cleveland State Law Review
This Article advocates that Ohio adopt a mandatory “watershed-approach” to land use planning and zoning throughout the state. Ohio should adopt this approach to increase water quality in the state by reducing nonpoint source pollution, achieve greater environmental regulation uniformity, and offset the unfettered zoning power of municipalities operating in the absence of a comprehensive plan.
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.
This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.
Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon
Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon
University of Colorado Law Review
The Coalbed Methane ("CBM") industry is booming throughout the Rocky Mountain West, creating a relatively clean energy alternative, much needed jobs in the region, and a deluge of water pumped from the ground in connection with CBM capture. In order to free the valuable natural gas, companies must first pump out substantial quantities of subsurface water holding the pressurized gas in place. This water varies in quality, from perfectly useful, potable water to poor-quality water with the potential to destroy the surrounding environment. Correspondingly, disposal of the pumped water varies from simply releasing it into streams surrounding the CBM pads …
Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson
Slides: Paying The Price For Power: When L.A. Turns On The Lights, Northwestern New Mexico Feels It, Jonathan Thompson
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Jonathan Thompson, Editor, High Country News
23 slides
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
Slides: Nepa And Public Participation In Grazing Management On Federal Public Lands: The 40-Year Struggle, Joe Feller
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Joe Feller, College of Law, Arizona State University
22 slides
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
University of Colorado Law Review
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …
Swancc'S Clear Statement: A Delimitation Of Congress's Commerce Clause Authority To Regulate Water Pollution, Matthew B. Baumgartner
Swancc'S Clear Statement: A Delimitation Of Congress's Commerce Clause Authority To Regulate Water Pollution, Matthew B. Baumgartner
Michigan Law Review
Perhaps the most controversial aspect of federal water pollution law is wetland regulation. Wetlands are typically marshy or swampy areas with hydrologic soils and vegetation. Their ecological value is widely recognized, but wetlands often stand in the way of lucrative commercial development projects. Thus, the battle over the validity of federal wetland regulation is a classic fight between environmentalists and industry. The wetlands controversy is also paradigmatic of the perpetual struggle to define the constitutional limits to federal regulation. The country's main water pollution control law, the Clean Water Act (CWA), purports to regulate all "navigable waters," which it defines …