Urban Studies and Planning Commons^™

Local Surface Water Policy Under Conditions Of Climate Change, Elizabeth Brabec, Elisabeth Hamin, Chingwen Cheng

Elizabeth Brabec

Climate change means two things for local stormwater managers – that storm events will become more severe, and rainfall will, in many instances, become more erratic, causing enhanced periods of drought and flood. Two approaches are needed to deal with the eventualities: mitigation and adaptation.

While urbanization increases stormwater runoff and decreases the lag time of stormwater discharge, there is also a resulting lack of infiltration and reduction in evapotranspiration (Brunke and Gonser 1997). Stormwater detention, retention and infiltration have attempted to compensate, resulting in the concentrated point location infiltration of stormwater, which replenishes groundwater and baseflow. Equally important to …

Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz

All Maxine Goodman Levin School of Urban Affairs Publications

In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.

To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …