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Articles 1 - 11 of 11
Full-Text Articles in Law
Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis
Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis
Golden Gate University Law Review
This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental …
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Recapturing The Anacostia River: The Center Of 21st Century Washington, Dc, Uwe Steven Brandes
Golden Gate University Law Review
For decades, the Anacostia River -- its shoreline, waterfront neighborhoods and watershed -- has been neglected by parties responsible for its stewardship. The river's water is severely polluted; obsolete transportation infrastructure isolates neighborhoods and divides Washington into areas "east" and "west" of the river; public parks are underutilized and suffer from chronic disinvestment; and several communities along the river are among the poorest in the metropolitan Washington region. With the river forming a boundary between race and class and with over 70 percent of the river's lands in public ownership, the need to rethink the management of this urban river …
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
The Detroit Riverfront Conservancy: A Public-Private Partnership Striving To Reclaim The Detroit River, Betsy Hemming
Golden Gate University Law Review
This paper will detail the vision for a transformed Detroit Riverfront, the efforts to realize the vision, and lessons learned to date. Specifically, the article will focus on the creation of the Detroit RiverFront Conservancy, Inc. (DRFC), a non-profit organization that is charged with facilitating the transformation through a strong public-private partnership. Section I will provide the background on the Detroit River, important demographics regarding the riverfront and early work on the vision. Section II and III will highlight the work of the DRFC and the project details. Finally, Section IV covers key success factors and challenges, focusing on important …
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Deep Tunnels And Fried Fish: Tracing The Legacy Of Human Interventions On The Chicago River, Christopher Theriot, Dr. Kelly Tzoumis
Golden Gate University Law Review
Reversing the flow of the Chicago River is just one of many interventions to the natural system. In section II, the authors trace the historical use of innovative engineering approaches for managing the Chicago River. Then, the article analyzes two current engineering solutions that continue the pattern of human intervention. Section III turns to the tunnel and underground reservoir project, the vast system of deep tunnels designed to manage wastewater and storm water flooding. Section IV reviews the aquatic nuisance species dispersal barrier or electric fence as it is commonly referred to. This barrier is a last ditch effort to …
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Daylighting Salt Lake's City Creek: An Urban River Unentombed, Ron Love
Golden Gate University Law Review
This article addresses the background of this historically significant creek, its encapsulation early in the twentieth century, and a modern-day attempt to daylight the creek using legislation originally enacted as part of the Clean Water Act. The article also traces the background leading to the national movement towards the current trend of restoring rivers and streams, which began in the 1970s, and has continued to the present time. The article also looks briefly at the Brownfields Showcase Project which spurred the daylighting. It will also explore in detail the US Army Corps of Engineers' ("USACE") efforts under the ecosystem restoration …
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Re-Envisioning The Los Angeles River: An Ngo And Academic Institute Influence The Policy Discourse, Robert Gottlieb, Andrea Misako Azuma
Golden Gate University Law Review
During the past decade, the L.A. River has become a subject of intense re-examination, a major topic of policy debate, and a new kind of environmental icon. It has increasingly come to symbolize the quest to transform the built urban environment from a place seen as representing violence and hostility for communities and for Nature, to one of rebirth and opportunity." To re-envision the Los Angeles River as a place of community and ecological revitalization rather than an exclusive and dangerous flood channel fenced off from the communities that surround it provides a powerful message of renewal for urban rivers …
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
A Perpetual Experiment To Restore And Manage Silicon Valley's Guadalupe River, Richard Roos-Collins
Golden Gate University Law Review
This Article emphasizes how the Santa Clara Valley Water District (SCVWD), the Guadalupe-Coyote Resource Conservation District (GCRCD) (as the plaintiff in the several complaints), and other parties developed a joint scientific record as the basis for their negotiations, and how the resulting settlements use adaptive management to assure cost-effective restoration in the face of continuing uncertainty about the impacts of SCVWD's water supply and flood protection facilities. Section I addresses the settlement of a water rights complaint brought against the SCVWD to modify the operation of its water supply system in the upper reach of the river. Section II explores …
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
The Urban Bankside: An Introduction To The Issue, Paul Stanton Kibel
Golden Gate University Law Review
No abstract provided.
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Snake River Dam Breaching: River & Salmon Politics In The George W. Bush Administration, David L. Wegner
Golden Gate University Law Review
It is the objective of this paper to outline some of the administrative and legislative history that has led to the present state of salmon affairs in the Snake River basin. In addition, it is the intent to outline some of the compounding reasons that have led to the decline of the salmon and finally to outline some of the actions that are necessary to move beyond the bureaucratic stalemate that the salmon find themselves in today.
Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson
Water Rights Law - Peterson V. Department Of The Interior: Are Contract Rights Ever Property Rights Under The Reclamation Reform Act?, Charlotte Robertson
Golden Gate University Law Review
In Peterson v. Department of the Interior the Ninth Circuit held that section 203(b) of the Reclamation Reform Act of 1982 (RRA), a comprehensive amendment of the Federal Reclamation Act, did not unconstitutionally take the property of state Water Districts in California's Central Valley without due process or compensation. The court found that pre-existing water delivery contracts with the Bureau of Reclamation did not confer a constitutionally protectable right to receive federally subsidized water upon the Water Districts. In Peterson, the first ruling by any circuit court on a direct challenge to the RRA, the Ninth Circuit examined the retroactive …
Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good
Administrative Adjudication Of Riparian Water Rights In California After Imperial Irrigation District V. State Water Resources Control Board, Gregory E. Good
Golden Gate University Law Review
This comment will examine whether Imperial extends the Board's subject matter jurisdiction to include article X, section 2 violations by riparian rights owners. Board power over post-1914 appropriative rights will be examined. Next, pre-1914 appropriative rights and Imperial will be discussed. It is apparent that Imperial supports an expansion of the Board's jurisdiction to include adjudication of article X, section 2 violations of riparian rights, but that such jurisdiction is not affirmatively established.