Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Law (2)
- Constitutional Law (2)
- Environmental Law (2)
- Legal History (2)
- Natural Resources Law (2)
-
- Water Law (2)
- Adaptive management; appropriation; Commerce Clause; endangered species; equal footing; equitable apportionment; federalism; fisheries; flood; groundwater; hydropower; instream flow; laissez-faire; manifest destiny; multiple-use; navigation; negligence; nuisance; New Deal; pollution; Progressive Era; Property Clause; public trust; reclamation; reserved rights; resilience; riparian; strict liability; sustainability; water quality; wild and scenic river (1)
- Corps of engineers (1)
- Disaster relief (1)
- Federalism (1)
- Flood control (1)
- Hurricane (1)
- Insurance (1)
- Land use planning (1)
- Law and Society (1)
- Police Power (1)
- Politics (1)
- Preemption (1)
- Property-Personal and Real (1)
- Regulatory takings (1)
- Supremacy (1)
- Torts (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Mississippi River Stories: Lessons From A Century Of Floods And Hurricanes, Sandra Zellmer, Christine Klein
Mississippi River Stories: Lessons From A Century Of Floods And Hurricanes, Sandra Zellmer, Christine Klein
Sandi Zellmer
n the wake of Hurricane Katrina, the nation pondered how a relatively weak Category 3 storm could have destroyed an entire region. Few appreciated the extent to which a flawed federal water development policy transformed this apparently natural disaster into a “manmade” disaster; fewer still appreciated how the disaster was the predictable, and indeed predicted, sequel to almost a century of similar disasters. This article focuses upon three such stories: the Great Flood of 1927, the Midwest Flood of 1993, and Hurricanes Katrina and Rita of 2005. Taken together, the stories reveal important lessons, including the inadequacy of engineered flood …
Saving Savings Clauses From Judicial Preemption, Sandra Zellmer
Saving Savings Clauses From Judicial Preemption, Sandra Zellmer
Sandi Zellmer
Savings clauses can be found in an array of federal statutes governing public health, welfare, and environmental quality. Like explicit preemption provisions, the function of a savings clause is to differentiate the boundaries of federal and state authority. Unlike preemption clauses, however, savings clauses strike the balance in favor of the states and state law remedies. Despite the existence of savings clauses, many of the Supreme Court’s recent preemption opinions have invalidated state laws that are more stringent than the federal regulatory threshold, based on a crabbed interpretation of statutory language, a myopic view of congressional purposes, or both. Even …
Adaptation, Evolution And Symbiosis In Water Law, Sandi Zellmer
Adaptation, Evolution And Symbiosis In Water Law, Sandi Zellmer
Sandi Zellmer
: This article traces the evolution of the laws governing the use of water for consumption, waste disposal, public purposes and environmental protection. It provides a unique integration of water resources law and environmental law, two fields that are otherwise highly fragmented in the United States. Both the historic tensions and the emerging collaborations among federal, state, tribal and private interests in managing water resources are assessed in an effort to illuminate future pathways for conservation and the restoration of degraded waterways. The article begins with colonial America and proceeds through five significant eras in U.S. history: the Gilded Age …