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Full-Text Articles in Water Law

Charting A Course To Conserve 30% Of Freshwaters By 2030, Sandra B. Zellmer Oct 2022

Charting A Course To Conserve 30% Of Freshwaters By 2030, Sandra B. Zellmer

William & Mary Law Review

One of President Biden’s earliest executive orders established an ambitious national goal to conserve at least 30 percent of U.S. lands, waters, and oceans by 2030. The Biden administration is not alone; over 100 countries support this goal as a means of combating climate change and slowing the pace of species extinction, both of which are accelerating at a rate that is unprecedented in history.

Despite its vow to pursue a wide-sweeping, all-of-government approach, Biden’s 30 by 30 initiative overlooks a critical component of the conservation goal—it pays virtually no attention to freshwater. Freshwater ecosystems are among the most endangered …


Upper Missouri Waterkeeper V. Epa, Clare Ols Apr 2022

Upper Missouri Waterkeeper V. Epa, Clare Ols

Public Land & Resources Law Review

State water quality standards developed under the Clean Water Act play a key role in curtailing the negative environmental, economic, and human health impacts of water pollution. Under the state water quality regulatory framework, EPA may grant variances to state standards should the state demonstrate the compliance with its standards is infeasible for a certain pollutant discharger or waterbody. Montana DEQ developed a variance for nutrients based on evidence that compliance with those standards would cause economic harm. EPA approved Montana's nutrient pollutant variance, and Upper Missouri Waterkeeper challenged EPA's approval on the grounds that the variance violates the Clean …


Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum Apr 2022

Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum

William & Mary Environmental Law and Policy Review

This Article explores the issue of quality of citizen data through the lens of Potomac Riverkeeper v. Wheeler, a recent impaired waters listing case concerning the Shenandoah River in Virginia. Part I of this Article provides a brief overview of citizen science data in regulation and policymaking under the CWA. Part II discusses Potomac Riverkeeper v. Wheeler, examining Virginia’s water quality-related data standards and DEQ’s use (and non-use) of citizen water quality-related data and information in that case. Finally, Part III argues that Virginia should establish clear, reasonable, and specific data quality standards for qualitative citizen data so …


Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper Jan 2022

Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper

Faculty Scholarship

Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.

Border factories and a population spike contribute to the sewage. Maquiladoras, …