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- Water rights (2)
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Articles 1 - 24 of 24
Full-Text Articles in Water Law
State Control Over The Reclamation Waterhole: Reality Or Mirage, Michigan Law Review
State Control Over The Reclamation Waterhole: Reality Or Mirage, Michigan Law Review
Michigan Law Review
This Note assesses how much state law section 8 saves from preemption. Section I reviews the interplay of state and federal water law in the West. It begins with a brief description of appropriation, the system of water rights found in the Western states, outlines the Reclamation Act of 1902, and then traces the Supreme Court's evolving construction of the Act. It culminates in a discussion of California v. United States, the Court's latest gloss on section 8. Section II expands the analysis of the California decision, integrating it with traditional preemption doctrine. It shows that section 8 respects …
Endangered Species Act Amendments, Ann Stromberg
Endangered Species Act Amendments, Ann Stromberg
Natural Resources Journal
No abstract provided.
International Whaling Commission Regulations And Alaskan Eskimo, Kevin J. Bliss
International Whaling Commission Regulations And Alaskan Eskimo, Kevin J. Bliss
Natural Resources Journal
No abstract provided.
Water Law—Quantification Of Water Rights Claimed Under The Implied Reservation Doctrine For National Forests—United States V. New Mexico, 438 U.S. 696 (1978), Michael Wrenn
Washington Law Review
United States v. New Mexico is the first Supreme Court decision to quantify reserved water rights available for the national forests. The narrow scope accorded the implied reservation doctrine as applied to the United States' claims for water for recreational and wildlife purposes reflects recognition by the Court that the implied reservation doctrine will be limited in the face of competing claims based on state law. The Court's decision limits federal interests under the reserved rights doctrine without providing adequate protection for the water needs of the national forests. The decision also deprives the implied reservation doctrine of the flexibility …
Access To Sunlight: New Mexico's Solar Rights Act, Deborah S. Grout
Access To Sunlight: New Mexico's Solar Rights Act, Deborah S. Grout
Natural Resources Journal
No abstract provided.
Corps' Texas Cooper Lake And Channels Project Halted, Stephen K. Bowman
Corps' Texas Cooper Lake And Channels Project Halted, Stephen K. Bowman
Natural Resources Journal
No abstract provided.
New Mexico Water Pollution Regulations And Standards Upheld, David N. Whitham
New Mexico Water Pollution Regulations And Standards Upheld, David N. Whitham
Natural Resources Journal
No abstract provided.
Wild Horses Off Private Lands, Martin D. Porter
Wild Horses Off Private Lands, Martin D. Porter
Natural Resources Journal
No abstract provided.
Environmental Financing Litigation, Gail Gottlieb Minturn
Environmental Financing Litigation, Gail Gottlieb Minturn
Natural Resources Journal
No abstract provided.
Brantley V. Carlsbad Irrigation District: Limits Of The Templeton Doctrine Affirmed, Deborah S. Grout
Brantley V. Carlsbad Irrigation District: Limits Of The Templeton Doctrine Affirmed, Deborah S. Grout
Natural Resources Journal
No abstract provided.
The State And Federal Quandry Over Billboard Controls, Frances Bassett Romero
The State And Federal Quandry Over Billboard Controls, Frances Bassett Romero
Natural Resources Journal
No abstract provided.
Oil Tanker Regulation: A State Or Federal Area, Robert Muehlenweg
Oil Tanker Regulation: A State Or Federal Area, Robert Muehlenweg
Natural Resources Journal
No abstract provided.
Liability Without Fault Under The Federal Water Pollution Control Act, Beatriz Valadez-Ferreira
Liability Without Fault Under The Federal Water Pollution Control Act, Beatriz Valadez-Ferreira
Natural Resources Journal
No abstract provided.
Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams
Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams
Washington Law Review
The U. S. Supreme Court held in California v. United States, 98 S. Ct. 2985 (1978), that under section 8 of the Reclamation Act of 1902, a state may impose on a permit granting water to the United States for a federal reclamation project any conditions which are not inconsistent with federal statutes. The six-three majority opinion, written by Justice Rehnquist, marks a significant departure from prior cases which had severely limited the role of state law in federal reclamation projects. A strongly worded dissent argued that the federal government must follow state law to a limited extent in the …
Important Victory Won For Historic Preservation, Alexandra Zavelle Levine
Important Victory Won For Historic Preservation, Alexandra Zavelle Levine
Natural Resources Journal
No abstract provided.
Conservation, Lifeline Rates And Public Utility Regulatory Commissions, James Jr. Noble
Conservation, Lifeline Rates And Public Utility Regulatory Commissions, James Jr. Noble
Natural Resources Journal
No abstract provided.
Environmental Considerations In Federal Oil And Gas Leasing On Outer Continental Shelf, Howard Thomas
Environmental Considerations In Federal Oil And Gas Leasing On Outer Continental Shelf, Howard Thomas
Natural Resources Journal
No abstract provided.
The Forest Service, Nepa, And Clear Cutting, Andrea L. Smith
The Forest Service, Nepa, And Clear Cutting, Andrea L. Smith
Natural Resources Journal
No abstract provided.
Coastal States Have Control Of Coastal Resources, Christopher G. Lackmann
Coastal States Have Control Of Coastal Resources, Christopher G. Lackmann
Natural Resources Journal
No abstract provided.
Reserved Water Rights And Our National Forests, Heidi Topp Brooks
Reserved Water Rights And Our National Forests, Heidi Topp Brooks
Natural Resources Journal
No abstract provided.
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Washington Law Review
Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch
Northwestern Journal of International Law & Business
The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.
United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan
United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan
Northwestern Journal of International Law & Business
Since the beginning of this century, the United States has attempted to regulate the shipping industry through governmental oversight. In this article, Messrs. Fawcett and Nolan examine the Shiping Act of 1916, and consider whether it has been misinterpreted by recent judicial interpretations. The authors conclude that the courts' application of United States antitrust laws to the activities of shipping conferences is contrary to congressional intent and the best interests of the industry and American commerce.
Freight Rates May Discriminate Against Recycled Materials, Martin D. Porter
Freight Rates May Discriminate Against Recycled Materials, Martin D. Porter
Natural Resources Journal
No abstract provided.