Environmental Law Commons^™

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

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 …

Stormwater Utility Fees: Considerations & Options For Interlocal Stormwater Working Group (Iswg), New England Environmental Finance Center

Economics and Finance

Stormwater utilities are a concept whose time seems to have arrived. Established by relatively few communities in the 1970s as a method of funding flood control measures, stormwater utilities now exist in over 400 municipalities and counties throughout the United States. During the next 10 years, their numbers are expected to swell dramatically – by one estimate to over 2,000 by the year 2014.

The reasons for this growth are multifold. Federal stormwater regulations passed in the 1980s (Phase I of the National Pollutant Discharge Elimination System Program, or NPDES), motivated many larger communities to seek alternative funding sources and …

On Integrity: Some Considerations For Water Law, Christine A. Klein

UF Law Faculty Publications

Expanding upon the aspects of integrity protected under the Clean Water Act, this Article will explore the relevance to water law of chemical,physical, ecosystem, social, and ethical integrity. Just as the Clean Water Act intended to prevent unacceptable "perturbations" of ecosystems, so also this Article will consider the extent to which the law itself may work an unacceptable perturbation of fundamental hydrologic and social principles. In many instances, water policy compartmentalizes the law in ways that have little to do with hydrologic reality and in ways that are antithetical to wholeness and integrity. Examples include the legal bifurcation of surface …

Water Justice In South Africa: Natural Resources Policy At The Intersection Of Human Rights, Economics, & Political Power, Rose Francis

ExpressO

This paper analyzes water as a social justice issue in South Africa, a nation that has undergone tremendous political and legal transformations over the last fifteen years, but whose population nonetheless continues to suffer from severe inequities in access to freshwater resources. In light of growing water scarcity worldwide, this paper highlights that legal treatment of water resources has significant socioeconomic and distributive justice impacts, even in progressive constitutional democracies that have embraced principles of human rights and international legal norms. The paper explores historical changes in South African water law and evaluates the current political and legal status of …

Debacle In Dixie: A Story Of Six Rivers, Three States, Two Compacts And One Well-Paved Path, George William Sherk

Publications

No abstract provided.

Delawate River Basin Compact, Jeffrey Featherstone

Publications

No abstract provided.

The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other …

The Challenge Of Battling Privatization: A Case Study Of Swedish Water Companies, Erin Webreck

Sustainable Development Law & Policy

No abstract provided.

The Human Right To Water: Legal And Policy Dimensions By Salman M.A. Salman And Siobhan Mcinerney-Lankford, Kristen Mcgeeney, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.

The Constitutional Right To Water In Uruguay, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

Obligations Of State And Non-State Actors Regarding The Human Right To Water Under The South African Constitution, Anna R. Welch

Sustainable Development Law & Policy

No abstract provided.

Improving Legislation Through Social Analysis: A Case Study In Methodology From The Water Sector In Uzbekistan, Jonathan Brown, Ayse Kudat, Kristen Mcgeeney

Sustainable Development Law & Policy

No abstract provided.

Focus On Au: Institutional Response To The D.C. Lead Water Controversy, Molly Frank-Meltzer

Sustainable Development Law & Policy

No abstract provided.

Limitations On The Right To Use Water: A Case Of First Impression In Michigan, Rachael Moshman

Sustainable Development Law & Policy

No abstract provided.

Public Participation And Access To Clean Water: An Analysis Of The Cafo Rule, Ayako Sato

Sustainable Development Law & Policy

No abstract provided.

A Personal Account: Initiating The Mcnutt Water Project In Saboba, Ghana, Ross Weber

Sustainable Development Law & Policy

No abstract provided.

Water Wars: Drought, Flood, Folly And The Politics Of Thirst By Diane Raines Ward, Liz Klein

Sustainable Development Law & Policy

No abstract provided.

Improving Water Governance Through Increased Public Access To Information And Participation, Karin M. Krchnak

Sustainable Development Law & Policy

No abstract provided.

Editors' Note, Melanie Nakagawa, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.

New Challenges In An Era Of Global Water Scarcity , David Hunter

Sustainable Development Law & Policy

No abstract provided.

Volume 5 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein

Sustainable Development Law & Policy

No abstract provided.

The Legal Implications Of The Israeli-Palestinian Water Crisis, Juliette Niehuss

Sustainable Development Law & Policy

No abstract provided.

The Role Of Ngos In Addressing Water Access In Israel And The Palestinian Authority, Jonah Schein

Sustainable Development Law & Policy

No abstract provided.

The Next Privatization Of Public Assets: Domestic And Trade Implication Related To Water Right And Land Acquisition, Jennifer C. Gerbasi

Sustainable Development Law & Policy

No abstract provided.

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …

Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

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 …

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).