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Full-Text Articles in Law
Montana V. Wyoming: An Opportunity To Right The Course For Coalbed Methane Development And Prior Appropriation, Michelle Bryan Mudd
Montana V. Wyoming: An Opportunity To Right The Course For Coalbed Methane Development And Prior Appropriation, Michelle Bryan Mudd
Golden Gate University Environmental Law Journal
Part I of this Article provides a brief background on the Yellowstone River Compact and the Montana v. Wyoming litigation. This part further explains the Special Master’s analysis of the CBM issue, as well as the Supreme Court’s recent ruling on improved irrigation efficiency. When viewed together, these decisions provide an important framework for determining how the parties’ regulation of CBM development should proceed. Part II then describes the magnitude of the CBM groundwater pumping issue and asserts that the posture of the Montana v. Wyoming case provides a unique opportunity not only to set Powder River Basin CBM development …
A Water Story With Original Jurisdiction And A Doctrine For Changing Uses, Melosa Granda
A Water Story With Original Jurisdiction And A Doctrine For Changing Uses, Melosa Granda
Golden Gate University Environmental Law Journal
This is a story of how two rivers in the remote reaches of Wyoming and Montana, and the underlying water, became a federal case before the United States Supreme Court. It is an account of a local water dispute whose resolution will likely impact the course of water law, and more importantly, water throughout the entire country.
A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley
A Call For Consistency: Open Seawater Intakes, Desalination, And The California Water Code, Angela Haren Kelley
Golden Gate University Environmental Law Journal
This Comment argues that the federal and state standards for reducing marine life mortality from power-plant intakes should be applied to a statewide policy for new desalination projects in California. Under this framework, open seawater intakes should not be permitted for new desalination plants. Part II of this Comment provides an overview of the history and technology of desalination as well as environmental impacts of open seawater intakes and alternative intake technologies. Part III surveys existing state and federal laws addressing open seawater intakes and suggests a framework for applying these laws to desalination projects. Part IV argues that new …
Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom
Isn’T That Special?: The Epa’S Special-Case Determination For The Los Angeles River Extends Clean Water Act Protections Cast In Doubt By The Army Corps And The United States Supreme Court, Douglas Carstens, Michelle Black, Staley Prom
Golden Gate University Environmental Law Journal
In an effort to examine the implications EPA’s ability to extend Clean Water Act protection through the use of its special-case determination authority, this Article provides a case study of the Los Angeles River and the regulatory interplay between the Army Corps and the EPA. To begin, Part I sets forth the factual background of the LA River, describing its fickle and often volatile physical nature. It then describes the legal framework underlying the case by providing an overview of the Clean Water Act, its shared administration by the EPA and Army Corps, and the basis for the EPA’s special-case …