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Full-Text Articles in Law
Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey
Pace Environmental Law Review
The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and …
Damage To Fisheries By Dams: The Interplay Between International Water Law And International Fisheries Law, Paul Stanton Kibel
Damage To Fisheries By Dams: The Interplay Between International Water Law And International Fisheries Law, Paul Stanton Kibel
Publications
Following the introduction, Part One documents the effects of on-stream dams on fisheries, aquatic habitat and fishing-dependent communities. In Part Two, the Article examines how principles from international fisheries law (which has traditionally focused more on ocean fisheries than freshwater fisheries) apply in the transboundary river context. Part Three then identifies the rights of upstream/downstream nations under international water law pertaining to the impoundment and release of water from on-stream dams on waterways where fisheries are present. Next, in Part Four, the Article considers how international environmental impact assessment obligations relate to the construction and operation of on-stream dams. Finally, …