Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Ground water (2)
- International water law (2)
- Transboundary aquifer (2)
- University of Denver Water Law Review (2)
- Access and forage rights (1)
-
- Administrative Law (1)
- And Rodenticide Act (FIFRA) (1)
- Aquifer (1)
- Blackmun (1)
- Catastrophe (1)
- Chemical waste (1)
- Clean Water Act (CWA) (1)
- Columbia Journal of Environmental Law (1)
- Constitutional law (1)
- Cost effectiveness (1)
- Emergency management (1)
- Environment (1)
- Environmental Law (1)
- Environmental federalism (1)
- Environmental standings (1)
- Federal Insecticide (1)
- Fungicide (1)
- Government failure (1)
- Groundwater (1)
- Health risk assessment (1)
- Independent regulatory commissions (1)
- International Law Commission (1)
- International ground water law (1)
- International law commission (1)
- Judging (1)
Articles 1 - 14 of 14
Full-Text Articles in Law
Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival
Environmental Law In The Supreme Court: Highlights From The Blackmun Papers, Robert V. Percival
Faculty Scholarship
The papers of the late Justice Harry A. Blackmun provide a remarkably rich archive that documents how the Court, for nearly a quarter century, handled environmental cases during a period crucial to the development of environmental law. This Article reviews highlights of what the Blackmun papers reveal about the U.S. Supreme Court’s handling of environmental cases during Justice Blackmun’s service on the Court from 1970 to 1994. The Article first examines what new light the Blackmun papers shed on some of the principal findings of the author’s October 1993 article Environmental Law in the Supreme Court: Highlights from the Marshall …
An Unnatural Disaster: The Aftermath Of Hurricane Katrina, David M. Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert L. Glicksman, Carmen G. Gonzalez, David J. Gottlieb, Donald T. Hornstein, Douglas A. Kysar, Thomas O. Mcgarity, Catherine A. O'Neill, Clifford Rechtschaffen, Christopher Schroeder, Sidney Shapiro, Rena I. Steinzor, Joseph P. Tomain, Robert R.M. Verchick, Karen Sokol
An Unnatural Disaster: The Aftermath Of Hurricane Katrina, David M. Driesen, Alyson Flournoy, Sheila Foster, Eileen Gauna, Robert L. Glicksman, Carmen G. Gonzalez, David J. Gottlieb, Donald T. Hornstein, Douglas A. Kysar, Thomas O. Mcgarity, Catherine A. O'Neill, Clifford Rechtschaffen, Christopher Schroeder, Sidney Shapiro, Rena I. Steinzor, Joseph P. Tomain, Robert R.M. Verchick, Karen Sokol
Faculty Scholarship
No abstract provided.
The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna
The Aftermath Of Hurricane Katrina, An Unnatural Disaster, Eileen Gauna
Faculty Scholarship
This report analyzes key policy decisions, as well as actions and inaction under health, safety, and environmental laws, that could have better protected New Orleans from the effects of Katrina before the hurricane and those that could have improved the emergency response in its wake. In the area of public health, safety, and the environment, the paper explores the implementation of wetlands law and policy, bad decisions regarding the construction and maintenance of the levee system designed to protect New Orleans, pollution prevention and clean-up laws, and energy policy. In the area of emergency response, it reviews policy decisions related …
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
Faculty Scholarship
When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse.
While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …
Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen
Environmental Justice, Eileen Gauna, Catherine A. O'Neill, Clifford Rechtschaffen
Faculty Scholarship
This white paper describes briefly the remarkable journey of community-based environmental justice advocates over the last 15 years and their impact on environmental regulation. It will also describe some of the empirical evidence of disparities and the regulatory dynamics that make these inequities an intractable problem, despite the collective efforts of grassroots leaders, environmental justice organizations, public interest law firms, and governmental officials. The paper then focuses on one important set of issues that must be tackled in order to achieve environmental justice: those involving injustice in risk regulation. We strive in this white paper, as allies in this collective …
The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger
The Story Of Vermont Yankee: A Cautionary Tale Of Judicial Review And Nuclear Waste, Gillian E. Metzger
Faculty Scholarship
This Essay explores the puzzle of Vermont Yankee v. NRDC. Vermont Yankee stands as a definitive rejection of judicial efforts to control burgeoning informal rulemaking by adding to the procedural requirements contained in the Administrative Procedure Act. Yet judicial expansion of the APA's procedural requirements has continued apace, and the Court's simultaneous sanction of searching substantive scrutiny sits oddly with its excoriation of the D.C. Circuit for that court's perceived procedural excesses. To understand Vermont Yankee, the Essay puts the decision in its administrative and judicial context, exploring the case law and practical dilemmas facing administrators, advocates, and judges as …
Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein
Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein
Faculty Scholarship
Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …
Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler
Against “Individual Risk”: A Sympathetic Critique Of Risk Assessment, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson
Pollution Without Solution: Flow Impairment Problems Under Clean Water Act Section 303, Reed D. Benson
Faculty Scholarship
"This Article deals with one section of the CWA, section 303, and its implications for flow-impaired streams and related policy issues. While the CWA's main thrust is controlling pollution from "point sources" through a system of permits and technology-based effluent limits, section 303 takes a different approach, focusing on the quality of individual waterbodies and requiring corrective steps for each one that falls below standards. Section 303 addresses not only point source discharges, but other human activities that affect the chemical, physical, and biological integrity of the nation's waters, including pollution from non-point sources, and perhaps even flow impairment. Thus, …
The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson
The Supreme Court Of Science Speaks On Water Rights: The National Academy Of Sciences Columbia River Report And Its Water Policy Implications, Reed D. Benson
Faculty Scholarship
Professor Benson reviews the Report on Columbia River water withdrawals and their effects on salmon recently issued by the National Academy of Sciences to the Washington State Department of Ecology, the agency responsible for managing Washingtons water withdrawals from the Columbia and its tributaries. After reviewing the Report, Professor Benson compares its recommendations with western water law's doctrine of prior appropriation and finds that many of the Report's recommendations are in direct conflict with prior appropriation principles. Finally, Professor Benson discusses the potential impact of the Report on water law in Washington and throughout the West. He concludes that, because …
The (Non)Uniqueness Of Environmental Law, Jay D. Wexler
The (Non)Uniqueness Of Environmental Law, Jay D. Wexler
Faculty Scholarship
In everyday discourse, the label "environmental law" signifies a distinct and unique area of the law. The uniqueness of environmental law stems most obviously from the subject matter of environmental legislation and regulation. But does environmental law also differ from other areas of law with respect to how judges ought to approach deciding cases? Should judges act differently somehow when they are deciding an environmental law case as opposed to, for example, a labor law or banking law case? At least one influential scholar - Richard Lazarus of the Georgetown University Law Center - has argued that the distinctive features …
United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz
United States Court Of Federal Claims: Walker V. United States, Michael J. Graetz
Faculty Scholarship
Walker v. United States, 69 Fed. Cl. 222, (Fed. Cl. 2005) (granting motion for reconsideration upon finding that water, access and forage rights were legally distinct from surface estate rights determined in a prior action).
Global Warming As A Public Nuisance, Thomas W. Merrill
Global Warming As A Public Nuisance, Thomas W. Merrill
Faculty Scholarship
On July 21, 2004, eight State Attorneys General and the City of New York brought suit in federal district court in the Southern District of New York, seeking to adjudicate the issue of global warming as a public nuisance. Six large electric power producers were named as defendants. The complaint filed in Connecticut v. American Electric Power Co., as the action is styled, alleges that emissions of greenhouse gases from the defendants' plants, in particular carbon dioxide (C02), are contributing to global warming. Count I claims that these greenhouse gas emissions are an actionable public nuisance governed by federal …
United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz
United States Circuit Courts - Ninth Circuit: Fairhurst V. Hagener, Michael J. Graetz
Faculty Scholarship
Fairhurst v. Hagener, 422 F.3d 1146 (9th Cir. 2005) (holding pesticides discharged into navigable waters in compliance with FIFRA that leave no excess material after fulfilling their intended purpose, are not "pollutants" requiring an NPDES permit under the Clean Water Act).