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2006

Water Law

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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 Dec 2006

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 of ...


Policy Tools For Smart Growth In New England, New England Environmental Finance Center Nov 2006

Policy Tools For Smart Growth In New England, New England Environmental Finance Center

Smart Growth

Across New England communities have been experiencing a rapid outward surge of development away from our community and downtown centers. Effects of sprawl include a loss of wildlife habitat, farm and timber lands; increased costs of community services and higher taxes; auto-dependency, longer commutes, and increased congestion; increases in air and water pollution; a sedentary lifestyle and increased obesity; and losses to one’s sense of place and social ties.

State-level responses to sprawl have surfaced throughout New England in recent years. This report describes 11 examples of these responses, representing all six New England states and a diversity of ...


Enjoys Long Walks On The Beach: Washington's Public Trust Doctrine And The Right Of Pedestrian Passage Over Private Tidelands, Ewa M. Davison Nov 2006

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 ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Water Forum 2006, Susan Kelly Oct 2006

Water Forum 2006, Susan Kelly

Publications

No abstract provided.


The Tonle Sap: Reconsideration Of The Laws Governing Cambodia's Most Important Fishery, Ian J. Mensher Sep 2006

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 ...


Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater Sep 2006

Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public ...


Waters Of The United States: Theory, Practice And Integrity At The Supreme Court, Jamison E. Colburn Jul 2006

Waters Of The United States: Theory, Practice And Integrity At The Supreme Court, Jamison E. Colburn

ExpressO

In the Supreme Court's two wetlands cases this Term, a question of statutory interpretation divided the justices sharply, in part because so much rides on the particular statutory provision at issue. The provision, a cryptic definition within the Clean Water Act (CWA), has now provided three separate occasions at the Court where the justices have confronted (1) the Chevron doctrine and the Court’s own ambivalence toward it, and (2) the CWA's enormous project of restoring the chemical, physical, and biological integrity of the Nation's waters. In this essay, I argue that the way the Court went ...


Water Reallocation By Settlement: Who Wins, Who Loses, Who Pays?, Rosalind H. Bark Jul 2006

Water Reallocation By Settlement: Who Wins, Who Loses, Who Pays?, Rosalind H. Bark

ExpressO

The 2004 Arizona Water Settlements Act (AWSA) is the current standard for what a comprehensive, negotiated settlement can achieve in terms of water rights reallocation, water resource management, and water supply reliability enhancement. This note reviews the flows of money and water specified in Titles I and II of the AWSA to identify the signatory and non-signatory parties that benefit from the settlement and the allocation of costs between the various parties to the agreement. Opportunity costs are also considered. Innovative elements of the agreement are discussed particularly those that improve water supply reliability for the Gila River Indian Community ...


The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries., Michael Pease, Olen Paul Matthews Jul 2006

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries., Michael Pease, Olen Paul Matthews

Geography Faculty Scholarship

Increasing competition for scarce water resources should lead to a re-examination of constraints on water reallocation. Some constraints are "spatial" in nature and reduce the areal extent of reallocation processes. Interstate compacts are an example. Proponents of state protectionism look on compacts as a permanent allocation of water between states. A willing seller is not allowed to sell their water to a willing buyer in another state. On the other hand, the U.S. Constitution's Commerce Clause was designed to create an economic union that includes all states and all citizens. State attempts at economic protectionism through export bans ...


The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease Jul 2006

The Commerce Clause, Interstate Compacts, And Marketing Water Across State Boundaries, Olen Paul Matthews, Michael Pease

Natural Resources Journal

No abstract provided.


An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby Jul 2006

An Economic Assessment Of The Sonoran Desert Conservation Plan, Rosalind Bark-Hodgins, Bonnie G. Colby

Natural Resources Journal

No abstract provided.


A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett Jul 2006

A People's History Of Wilderness, Edited By Matt Jenkins, Laura Pritchett

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 Jul 2006

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.


Finding A Water Ethic Through Religion, Aesthetics, Conflicts & The Law, Chad A. West Jun 2006

Finding A Water Ethic Through Religion, Aesthetics, Conflicts & The Law, Chad A. West

ExpressO

Water is important to humans for household uses, manufacturing, agriculture, ecological preservation, recreation, and many other interests. Legislators developing water policies often cannot reconcile conflicting water interests because they do not understand their regions’ water ethics. Ethics philosophers and legal analysts have performed extensive studies on environmental ethics and human values. These same experts, however, have neglected to separate water ethics from environmental ethics. In this article, I do not speculate on what the ideal water ethic should be. Instead, I use religion, aesthetics, water conflicts, and the law to exhibit that no single water ethic exists. Each continent, country ...


Sovereignty Of Aves Island: An Argument Against Standardized, Compulsory Arbitration, Michael S. Garrison May 2006

Sovereignty Of Aves Island: An Argument Against Standardized, Compulsory Arbitration, Michael S. Garrison

ExpressO

States engaging in preemptive dispute resolution frequently call upon adjudicative or diplomatic means to resolve territorial boundary disputes and comply with international law. In light of reduced efficacy of such dispute resolution mechanisms, however, some propose that all states should engage in compulsory, standardized arbitration subject to International Court of Justice (“I.C.J.”) review to resolve their boundary disputes. Although arbitration is an effective method of international dispute resolution in certain cases, standardized arbitration will not effectively resolve all boundary disputes between neighbor states.

This Comment argues against the proposition that the United Nations (“U.N.”) implement a standardized ...


Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp May 2006

Zoning And Eminent Domain Under The New Minimum Scrutiny, John H. Ryskamp

ExpressO

Recently the Supreme Court has made it clearer that minimum scrutiny is a factual analysis. Whether in any government action there is a rational relation to a legitimate interest is a matter of determining whether there is a policy maintaining important facts. This has come about in the Court’s emerging emphasis on developing fact-based criteria for determining government purpose. Thus, those who want to affect zoning and eminent domain outcomes should look to what the Court sees as important facts, and whether government action is maintaining those facts with its proposed land use or eminent domain action.


Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp May 2006

Finding New Constitutional Rights Through The Supreme Court’S Evolving “Government Purpose” Test Under Minimum Scrutiny, John H. Ryskamp

ExpressO

By now we all are familiar with the litany of cases which refused to find elevated scrutiny for so-called “affirmative” or “social” rights such as education, welfare or housing: Lindsey v. Normet, San Antonio School District v. Rodriguez, Dandridge v. Williams, DeShaney v. Winnebago County. There didn’t seem to be anything in minimum scrutiny which could protect such facts as education or housing, from government action. However, unobtrusively and over the years, the Supreme Court has clarified and articulated one aspect of minimum scrutiny which holds promise for vindicating facts. You will recall that under minimum scrutiny government’s ...


O Canada!: The Story Of Rafferty, Oldman, And The Great Whale, Oliver A. Houck May 2006

O Canada!: The Story Of Rafferty, Oldman, And The Great Whale, Oliver A. Houck

Boston College International and Comparative Law Review

In the late twentieth century, environmental policy swept the world, and among its primary instruments were processes for evaluating the adverse impacts of proposed actions. In all countries these processes quickly came into conflict with established bureaucracies, none more powerful and resistant to change than those in charge of water resources development. They also conflicted, in many cases, with established ideas of governance, right down to principles of federalism, judicial review, and the separation of powers. So it was in Canada, where in the late l980s three water resources development schemes, each one more enormous, initiated the commonwealth’s approach ...


Active Water Resource Management: Tools For Better Water Management, John D'Antonio, P.E. May 2006

Active Water Resource Management: Tools For Better Water Management, John D'Antonio, P.E.

Publications

No abstract provided.


Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack May 2006

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.


Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary May 2006

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.


Rapanos, Carabell, And The Isolated Man, Joel B. Eisen May 2006

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 May 2006

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 ...


Book Review- Turning The Tide: Saving The Chesapeake Bay, Carl W. Tobias May 2006

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 ...


New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria Apr 2006

New Paradigm: Indian Tribes In The Land Of Unintended Consequences, Sam Deloria

Natural Resources Journal

No abstract provided.


Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock Mar 2006

Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock Mar 2006

Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock

All Faculty Scholarship

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 Feb 2006

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.


Brief For Respondents American Rivers And Friends Of The Presumpcot River, S.D. Warren Co. V. Maine Bd. Of Envtl. Prot., No. 04-1527 (U.S. Jan. 6, 2006), Richard J. Lazarus Jan 2006

Brief For Respondents American Rivers And Friends Of The Presumpcot River, S.D. Warren Co. V. Maine Bd. Of Envtl. Prot., No. 04-1527 (U.S. Jan. 6, 2006), Richard J. Lazarus

U.S. Supreme Court Briefs

No abstract provided.