Environmental Health and Protection Commons^™

Maurer Environmental Law Expert Is Lead Author On Science Insights Policy Forum Article, James Owsley Boyd

Keep Up With the Latest News from the Law School (blog)

The Indiana University Maurer and McKinney Schools of Law jointly will convene leading scholars and practitioners to discuss the implications of the 2023 United States Supreme Court case of Sackett v. EPA. The event, “Sackett v. EPA: What the Supreme Court’s Decision Means for Regulation and Wetlands Conservation,” will take place November 10 in the Wynne Courtroom and Steve Tuchman and Reed Bobrick Atrium at IU McKinney in Indianapolis.

Could Official Climate Denial Revive The Common Law As A Regulatory Backstop?, Mark P. Nevitt, Robert V. Percival

Faculty Articles

This Article makes two core arguments. First, it maintains that the common law of nuisance remains an essential backstop when existing regulatory authorities fail to address significant environmental problems. Second, reconnecting nuisance law to its historical roots, the Article maintains that common law litigation has served as an effective prod to help spur the development and implementation of new pollution control technology and to stimulate regulatory action to require its use, rather than serving as a vehicle for the judiciary to impose its own solutions for environmental problems.

This Article proceeds in four parts. Part I reviews the history of …

Temporal Trends In The Spatial Distribution Of Impervious Cover Relative To Stream Location, J. Wickham, A. Neale, M. Mehaffey, T. Jarnagin, D. Norton

United States Environmental Protection Agency: Staff Publications

Use of impervious cover is transitioning from an indicator of surface water condition to one that also guides and informs watershed planning and management, including Clean Water Act (33 U.S.C. §1251 et seq.) reporting. Whether it is for understanding surface water condition or planning and management, impervious cover is most commonly expressed as summary measurement (e.g., percentage watershed in impervious cover). We use the National Land Cover Database to estimate impervious cover in the vicinity of surface waters for three time periods (2001, 2006, 2011). We also compare impervious cover in the vicinity of surface waters to watershed summary estimates …

Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Richard E. Schwartz, Crowell & Moring LLP

38 slides

Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Alan E. Curtis, White & Jankowski, LLP

23 slides

Slides: Colorado’S Groundwater Protection Program, Andrew Ross

Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)

Presenter: Andrew Ross, Colorado Department of Public Health and Environment

22 slides

Water Quality Trading Markets For The Kentucky River Basin: A Point Source Profile, Ronald Childress Jr.

Theses and Dissertations--Agricultural Economics

This study assessed the feasibility and suitability of a Water Quality Trading (WQT) program within the Kentucky River Basin (KRB). The study’s focal point was based on five success factors of a WQT program: environmental suitability, geospatial orientation, participant availability, regulatory incentive, and economic incentive. The study utilized these five success factors, geographical characteristics, and Discharge Monitoring Reports (DMR) to assess the feasibility of a WQT program.

The assessment divided the KRB into five eight digit Hydrologic Unit Codes (HUC), North, Middle, and South Fork, Middle Basin, and Lower Basin, to determine regional impacts caused by the nutrient PSs. Individual …

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides

Slides: Evolving Policy On Shale Plays, John Martin

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides

Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.

12 slides

Agenda: Western Water Law, Policy And Management: Ripples, Currents, And New Channels For Inquiry, University Of Colorado Boulder. Natural Resources Law Center, Western Water Policy Program

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

In many pockets of the American West, stresses and demands on water resources are overwhelming our capacity to effectively manage change and accommodate the diversity of interests and values associated with our limited water resources.

This event will offer an opportunity for lawyers, policymakers, and water professionals to engage the experts on the challenges and emerging solutions to the most pressing water policy and management issues of the day.

Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited

12 slides

Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy

Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)

Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT

25 slides

Mitigation Under Section 404 Of The Clean Water Act: Where It Comes From, What It Means, Palmer Hough, Morgan Robertson

United States Environmental Protection Agency: Staff Publications

The requirement to mitigate impacts to wetlands and streams is a frequently misunderstood policy with a long and complicated history. We narrate the history of mitigation since the inception of the Clean Water Act Section 404 permit program in 1972, through struggles between the US Environmental Protection Agency and the US Army Corps of Engineers, through the emerging importance of wetland conservation on the American political landscape, and through the rise of market-based approaches to environmental policy. Mitigation, as it is understood today, was not initially foreseen as a component of the Section 404 permitting program, but was adapted from …

Slides: Protecting Biodiversity Through Ecosystem Services, Barton "Buzz" Thompson

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Barton “Buzz” Thompson, Perry L. McCarty Director, Woods Institute for the Environment, Stanford University Law School

14 slides

Slides: Energy Production And The West's Wild Places, Amy Mall

Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)

Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council

28 slides

An Application For A State Designated, Federally Approved No Discharge Area For Boston Harbor, Ma, City Of Boston Environment Department, City Of Quincy Harbormaster, Urban Harbors Institute, University Of Massachusetts Boston, Charles River Watershed Association

Urban Harbors Institute Publications

The municipalities surrounding Boston Harbor are requesting that the Commonwealth of Massachusetts designate the waters of Boston Harbor as a No Discharge Area (NDA) pursuant to the Clean Water Act, Section 312(f)(3). An NDA is a body of water in which the discharge of vessel sewage, whether treated or not, is prohibited. The No Discharge Area would be called the Boston Harbor No Discharge Area.

While the waters of Boston Harbor are under the jurisdiction of a number of different municipalities, water quality issues affect the harbor as a whole. Past efforts to clean up the harbor have occurred across …

The Clean Water Act In Maine: Goals And Financing, Andrew Fisk

Maine Policy Review

Andrew Fisk gives an overview of the history of the federal Clean Water Act and of Maine’s efforts to improve the quality of the state’s lakes, rivers and streams. He describes how the Clean Water Act works and how its provisions are implemented. While the quality of Maine’s water bodies has improved greatly, much work still remains to be done in the areas of rain and stormwater runoff and mercury pollution, and in having adequate financing and infrastructure over the long term.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.

Managing Groundwater Quality And Quantity: Comparative Approaches Of Southern California Water Basins, Susan M. Trager

Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17)

15 pages.

Contains 1 page of references.

Reconsidering Water Quality Protection In The United States, Lawrence J. Macdonnell

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

4 pages.

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

Federal Groundwater Quality Control: Law And Policy, Robert L. Glicksman

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

56 pages.

Contains references.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

The Water Quality Legal Framework, William H. Rodgers Jr.

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

12 pages (includes illustrations).

Assessment Of Water Quality Progress And Problems In The West, David H. Getches

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

32 pages.

Contains references.

A Practitioner’S Perspective On Section 404 Permitting—Or—How To Survive The Daze From The Hazy Maze, Marcia M. Hughes

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

17 pages.

Contains footnotes and references.