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All Articles in Water Law

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3,026 full-text articles. Page 1 of 50.

Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management, Kevin E. Regan 2018 Florida State University College of Law

Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management, Kevin E. Regan

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra 2018 Florida State University College of Law

Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Tri-State Compact: Falling Waters And Fading Opportunities, Dustin S. Stephenson 2018 Florida State University College of Law

The Tri-State Compact: Falling Waters And Fading Opportunities, Dustin S. Stephenson

Florida State University Journal of Land Use and Environmental Law

This timely article reviews the history and current status of the Apalachicola-Chattahoochee-Flint River Basin Compact, a tri-state water compact between Alabama, Florida, and Georgia. In the United States, water rights disputes are common in the arid West, where the supply of water is simply not plentiful when compared to the vast area of land; in fact, the western water rights doctrine dates back to the Gold Rush days of the mid 1800's. However, the Southeastern United States, with its humid climate, lush greenery, and plentiful rainfall, has always had an abundant water supply for its needs. Therefore, the region ...


Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby 2018 Florida State University College of Law

Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby

Florida State University Journal of Land Use and Environmental Law

This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and ...


Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah 2018 Florida State University College of Law

Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah

Florida State University Journal of Land Use and Environmental Law

This Article discusses the role of the Jordan River basin in the peace accord (Treaty) between the state of Israel and the Hashemite Kingdom of Jordan. After reviewing past water disputes involving the Jordan River, the water allocation and management sections of the Treaty are compared with the Treaty's predecessor, the Main Plan. Even though it was never ratified, both Israel and Jordan tacitly conducted their respective water polices in accordance with the Main Plan. This discussion is followed by a comparison of the Treaty with the substantive and procedural requirements of the International Law Commission Draft Articles and ...


The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch 2018 Florida State University College of Law

The Public Trust Doctrine And Sovereignty Lands In Florida: A Legal And Historical Analysis, Sidney F. Ansbacher, Joe Knetsch

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Influence Of The Model Water Code On Water Resources Management Policy In Florida, Richard C. Ausness 2018 University of Kentucky College of Law

The Influence Of The Model Water Code On Water Resources Management Policy In Florida, Richard C. Ausness

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer 2018 Florida State University College of Law

Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner 2018 Elisabeth Haub School of Law at Pace University

Environmental Injustice/Racism In Flint, Michigan: An Analysis Of The Bodily Integrity Claim In Mays V. Snyder As Compared To Other Environmental Justice Cases, Joshua V. Berliner

Pace Environmental Law Review

This Note examines the merits of the “bodily integrity” claim that the Flint residents have alleged in Mays (but does not discuss any claims asserted in Earley, the case Mays was consolidated with on appeal), and asserts that they should be successful on this claim on remand, assuming that the facts alleged in the Flint residents’ complaint are true. This Note outlines the alleged facts and then discusses the existing case law on bodily integrity claims generally, both in the non-environmental justice and environmental justice fields. Following is an explanation of the specific bodily integrity claim the Flint residents have ...


A View From American Courts: The Year In Indian Law 2017, Grant Christensen 2018 Seattle University School of Law

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


There's Something In The Water: How Apathetic State Officials Let The People Of Flint, Michigan Down, Kyle J. Conway 2018 Villanova University Charles Widger School of Law

There's Something In The Water: How Apathetic State Officials Let The People Of Flint, Michigan Down, Kyle J. Conway

Villanova Environmental Law Journal

No abstract provided.


Move Over Diamonds -- Plastics Are Forever: How The Rise Of Plastic Pollution In Water Can Be Regulated, Stephanie F. Wood 2018 Villanova University Charles Widger School of Law

Move Over Diamonds -- Plastics Are Forever: How The Rise Of Plastic Pollution In Water Can Be Regulated, Stephanie F. Wood

Villanova Environmental Law Journal

No abstract provided.


The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof 2018 Golden Gate University School of Law

The Right To Flourish, Regenerate, And Evolve: Towards Juridical Personhood For An Ecosystem, Nicholas Bilof

Golden Gate University Environmental Law Journal

This article will examine two at-risk American rivers through a comparison of the different legal approaches brought by the citizens and conservation groups fighting to protect them. Through analysis of the two lawsuits, this article will highlight the flaws of the traditional approach, and introduce a novel proposal for a shift in the lens under which nature is considered in American jurisprudence.

Part I will survey the Suwannee River and a citizen suit against a poultry-packing plant accused of illegally fouling its waters through repeated violations of an EPA-issued permit governing wastewater discharges. This suit represents the congressionally-created traditional avenue ...


Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

Eureka County V. Seventy Jud. Dist. Ct., 134 Nev. Adv. Op. 37 (May 17, 2018), Carmen Gilbert

Nevada Supreme Court Summaries

The court held that junior water rights holders are entitled to notice of and an opportunity to participate in the district court's consideration of a curtailment request.


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore III 2018 St. Mary's University School of Law

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta 2018 Alexander Blewett III School of Law at the University of Montana

Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta

Public Land and Resources Law Review

In Navajo Nation v. Department of the Interior, the Navajo Nation challenged the Department of the Interior’s 2001 and 2008 water allocation guidelines and asserted that under NEPA and the APA the guidelines violated the Navajo Nation’s water rights. The Navajo Nation also asserted a breach of trust claim against the United States. After nearly a decade of attempted settlement negotiations, the Navajo Nation reasserted its complaints. The District Court for the District of Arizona denied the Navajo Nation’s motions, and the Navajo Nation appealed to the Ninth Circuit Court of Appeals, which determined the Navajo Nation ...


Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler 2018 Alexander Blewett III School of Law at the University of Montana

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land and Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also ...


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith 2018 University of New Mexico - Main Campus

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

No abstract provided.


King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi

Nevada Supreme Court Summaries

There must be clear and convincing, substantial evidence that a real property owner intentionally abandoned his water rights in order for the Court to find he actually abandoned them.


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