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Articles 1 - 16 of 16
Full-Text Articles in Law
The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer
Federal Communications Law Journal
In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As …
Enjoys Long Walks On The Beach: Washington's Public Trust Doctrine And The Right Of Pedestrian Passage Over Private Tidelands, Ewa M. Davison
Enjoys Long Walks On The Beach: Washington's Public Trust Doctrine And The Right Of Pedestrian Passage Over Private Tidelands, Ewa M. Davison
Washington Law Review
Under Washington's public trust doctrine, the state retains a jus publicum interest in tidelands, regardless of ownership. This interest obligates the state to protect the public rights encompassed within the jus publicum: navigation, fishing, boating, swimming, water skiing, and corollary recreational activities. The state satisfies this duty so long as its actions do not circumscribe public access to those resources, including tidelands, traditionally protected by the public trust doctrine. The title to any tidelands property sold into private ownership is similarly burdened; a private tidelands owner may not utilize property in a way that would compromise the state's jus …
The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher
The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher
Washington International Law Journal
The Tonle Sap Basin is not only Cambodia’s largest inland fishery, but also the source of food and income for roughly one million Cambodians. Its biodiversity is unrivaled within Southeast Asia, and its sustainability is vital to the socioeconomic and political stability in the region. However, Cambodia’s current fishery, forestry, and land laws do not adequately protect the Tonle Sap Basin from over-fishing and the introduction of sedimentation and pollution caused by increasing development. The laws do not create or reflect a model for sustainable fishing and development. Both the laws currently in force and proposed legislation fail to limit …
An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby
An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby
Natural Resources Journal
No abstract provided.
The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease
The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease
Natural Resources Journal
No abstract provided.
The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia
The Rise And Fall Of The Ebro Water Transfer, Jose Albiac, Michael Hanemann, Javier Calatrava, Javier Uche, Javier Tapia
Natural Resources Journal
No abstract provided.
A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett
A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett
Natural Resources Journal
No abstract provided.
Rapanos, Carabell, And The Isolated Man, Joel B. Eisen
Rapanos, Carabell, And The Isolated Man, Joel B. Eisen
University of Richmond Law Review
No abstract provided.
Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon
Checking In On The Chesapeake: Some Questions Of Design, Jonathan Cannon
University of Richmond Law Review
The Chesapeake Bay Program ("the CBP" or "Program") has been widely celebrated as a model of collaborative management for large multijurisdictional watersheds and for ecosystem management more generally.' In an article published six years ago, I joined in the celebration.2 But recent events warrant consideration of whether restructuring of the program is called for. In this essay, I consider whether greater centralization of decisionmaking for the Bay would address recent criticisms of the Program and better protect the public interest. After evaluating two alternative forms for the Program involving greater centralization, I conclude that major restructuring is not in order. …
Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias
Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias
University of Richmond Law Review
Nearly a quarter century ago, the states of the Chesapeake Bay region entered a compact by which they meant to improve the declining environmental quality of this national treasure. Concerned about the Bay's accelerating degradation, these jurisdictions hoped that the agreement would enhance the situation or at least stop the deterioration. Ten years after that accord's consummation, Tom Horton evaluated whether progress had been achieved in improving the Bay's environmental health. The writer determined that the answer was inconclusive. When a second decade had passed since the compact's adoption, Horton decided that he would conduct another examination to determine what …
New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria
New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria
Natural Resources Journal
No abstract provided.
Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans
Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans
William & Mary Environmental Law and Policy Review
No abstract provided.
Water Rights As Property In Tulare V. United States, David B. Anderson
Water Rights As Property In Tulare V. United States, David B. Anderson
McGeorge Law Review
No abstract provided.
Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister
Winner, Best Appellate Brief In The 2006 Native American Law Student Association Moot Court Competition, Sean P. Krispinsky, Sarah J. Bannister
American Indian Law Review
No abstract provided.
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 …
Safeguarding Colorado's Water Supply: The New Confluence Of Title Insurance And Water Rights Conveyances, Julia S. Walters
Safeguarding Colorado's Water Supply: The New Confluence Of Title Insurance And Water Rights Conveyances, Julia S. Walters
University of Colorado Law Review
As water rights transfers in Colorado increase in magnitude and frequency due to water scarcity and population growth, it is becoming increasingly necessary to have a method of protecting water rights owners against unknown risks or encumbrances. The inability to obtain reliable new water rights through appropriation has compelled many municipalities, businesses, and other water users to purchase or lease existing water rights. The emergence of water rights title insurance in Colorado has become an important development because of the greater potential for defects and ambiguities in water rights records. Despite the current limitations in water rights title insurance policies, …