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Full-Text Articles in Law
Toward A Tribal Role In Groundwater Management, Alexandra Fay
Toward A Tribal Role In Groundwater Management, Alexandra Fay
American Indian Law Journal
This Article considers the Agua Caliente groundwater litigation a decade since its inception. It recounts the most recent developments in the case, notably the move to mediation and the strategic work that brought the water districts to the table. The Article places this monumental case in context: in the history of colonization and tribal-state relations, the present climate crisis, and the State of California’s groundwater management regime. The Article ultimately outlines the present opportunity to reimagine the role of tribes in groundwater management.
Perbandingan Penyelesaian Sengketa Lingkungan Hidup Melalui Mekanisme Gugatan Warga Negara (Citizen Lawsuit) Di Indonesia Dan Amerika Serikat, Listyalaras Nurmedina
Perbandingan Penyelesaian Sengketa Lingkungan Hidup Melalui Mekanisme Gugatan Warga Negara (Citizen Lawsuit) Di Indonesia Dan Amerika Serikat, Listyalaras Nurmedina
"Dharmasisya” Jurnal Program Magister Hukum FHUI
A citizen lawsuit is a lawsuit filed by citizens against state officials that cause negligence and cause losses. This negligence is an act against the law (onrechtmatige overhead daad), where the state is ordered to improve its performance and issue a policy for general governing policies (regeling). It is intended to ensure that the negligence that previously occurred will not be repeated. A citizen lawsuit is almost similar to a class action lawsuit because it has the same thing, namely that the lawsuit is filed involving the interests of many people represented by one or more people. The difference is …
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
Integrated Estuary Governance, Mary Jane Angelo, J.W. Glass
William & Mary Environmental Law and Policy Review
Estuaries are complex, dynamic ecosystems that play a critical role in supporting crucial economic industries, such as commercial fishing and tourism, and providing the resources necessary to sustain coastal communities. A range of anthropogenic environmental stressors are threatening the health of estuaries throughout the world. Traditional top-down single resource focused environmental regulatory approaches have proved inadequate to protect and restore estuarine systems. In recent years, scientific and legal academics, as well as policymakers, have called for more holistic participatory approaches to addressing environmental challenges. Drawing on the literature on ecosystem management, integrated water resources management, collaborative governance, and adaptive management, …
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Pace Environmental Law Review
The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Preview—Asarco Llc V. Atlantic Richfield Company: Allocation Of Remediation Costs Under Cercla, Nyles G. Greer
Public Land & Resources Law Review
The Ninth Circuit Court of Appeals originally scheduled oral arguments in this matter for Tuesday, March 31, 2020, at 9:00 a.m. in the William K. Nakamura Courthouse in Seattle, Washington. Due to the COVID-19 pandemic, the Ninth Circuit has postponed oral arguments in this matter. While still subject to change due to the pandemic, the court has rescheduled oral arguments for April 27, 2020, at 9:00 a.m. in Courtroom 2 of the William K. Nakamura Courthouse in Seattle, Washington. Shannon Wells Stevenson will likely appear on behalf of the Appellant. Gregory Evans will likely appear on behalf of the Appellee.
United States V. Gila Valley Irrigation District, Ryan L. Hickey
United States V. Gila Valley Irrigation District, Ryan L. Hickey
Public Land & Resources Law Review
Attempts to alter water use agreements, especially those spanning back decades or even centuries, elicit intense scrutiny from water rights holders. In United States v. Gila Valley Irrigation Dist., the Ninth Circuit upheld application of a 1935 Decree apportioning water among various regional entities, including two Indian tribes, to bar a mineral company from transferring water rights between properties within the Gila River drainage.
A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada
A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada
Brooklyn Journal of International Law
China is believed to have the world's largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China's capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power …
Big Storms, Big Debt, And Biggery-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vasquez
Big Storms, Big Debt, And Biggery-Waters: Navigating Florida's Uncertain Flood Insurance Future, Loren M. Vasquez
Seattle Journal of Environmental Law
No abstract provided.
Can Sharks Be Saved? A Global Plan Of Action For Shark Conservation In The Regime Of The Convention On Migratory Species, James Kraska, Leo Chan Gaskins
Can Sharks Be Saved? A Global Plan Of Action For Shark Conservation In The Regime Of The Convention On Migratory Species, James Kraska, Leo Chan Gaskins
Seattle Journal of Environmental Law
Shark populations throughout the world are at grave risk; some spe-cies have declined by 95 percent. The most recent IUCN (Interna-tional Union for the Conservation of Nature) assessment by the Shark Specialist Group (SSG) found that one-fourth of shark and ray spe-cies face the prospect of extinction. This article proposes an engage-ment plan to accelerate efforts by states and international organiza-tions to conserve and protect sharks worldwide. Sharks are found throughout all of the world’s oceans, and collec-tively they occupy an indispensable niche as apex predators at the top of the ocean trophic ecosystem. These fish function as an im-portant …
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
A Mild Winter: The Status Of Environmental Preliminary Injunctions, Sarah J. Morath
Seattle University Law Review
Since the enactment of environmental legislation in the 1970s, the preliminary injunction standard articulated by the Supreme Court for environmental claims has evolved from general principles to enumerated factors. In Winter v. Natural Resource Defense Council, Inc., the Court’s most recent refinement, the Court endorsed but failed to explain the application of a common four-factor test when it held that the alleged injury to marine mammals was outweighed by the public interest of a well-trained and prepared Navy. While a number of commentators have speculated about Winter’s impact on future environmental preliminary injunctions, this article seeks to more precisely determine …
Gone With The Water - Drainage Rights And Storm Water Management In Pennsylvania, R. Timothy Weston
Gone With The Water - Drainage Rights And Storm Water Management In Pennsylvania, R. Timothy Weston
Villanova Law Review
No abstract provided.