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Full-Text Articles in Water Law
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Federalism And The Wild And Scenic Rivers Act: Now You See It, Now You Don't, Sally K. Fairfax, Barbara T. Andrews, Andrew P. Buchsbaum
Washington Law Review
This article investigates the proposed designation of the North Coast rivers under WSRA. It chronicles developments in the legal controversy and relates them to the larger issues of land and water management. The shifting legal framework and changing economic and political interests in the North Coast controversy are particularly enlightening to students of federalism. Lawyers are among those who may be tempted to view the North Coast controversy in terms of federal-state conflict or intergovernmental cooperation run amuck, and to view the courts as an umpire in a dispute over authority.
Protecting The People's Waters: The California Supreme Court Recognizes Two Remedies To Safeguard Public Trust Interests In Water—National Audubon Society V. Superior Court, 33 Cal. 3d 419, 658 P.2d 709, 189 Cal. Rptr. 346, Cert. Denied, 104 S. Ct. 413 (1983), Kevin M. Raymond
Washington Law Review
This Note outlines the public trust remedies presently in place in California by discussing the background of the public trust doctrine and the appropriative water rights system in California as well as the holdings of the Mono Lake court. This Note also proposes changes to improve both the administrative and judicial public trust remedies.