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The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Ct., Erin Ryan 2015 Lewis & Clark Law School

The Public Trust Doctrine, Private Water Allocation, And Mono Lake: The Historic Saga Of National Audubon Society V. Superior Ct., Erin Ryan

Erin Ryan

This article tells the epic tale of the fall and rise of Mono Lake—the strange and beautiful Dead Sea of California—which fostered some of the most important environmental law developments of the last century, and which has become a platform for some of the most potentially important developments in the new century. It shares the backstory and legacy of the California Supreme Court’s famous decision in National Audubon Society v. Superior Court, 658 P.2d 709 (Cal. 1983), known more widely as “the Mono Lake case.” Inspired by innovative legal scholarship and advocacy, the decision spawned a ...


Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Agenda: Innovations In Managing Western Water: New Approaches For Balancing Environmental, Social, And Economic Outcomes, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Many aspects of western water allocation and management are the product of independent and uncoordinated actions, several occurring a century or more ago. However, in this modern era of water scarcity, it is increasingly acknowledged that more coordinated and deliberate decision-making is necessary for effectively balancing environmental, social, and economic objectives. In recent years, a variety of forums, processes, and tools have emerged to better manage the connections between regions, sectors, and publics linked by shared water systems. In this event, we explore the cutting edge efforts, the latest points of contention, and the opportunities for further progress.


Iceberg Harvesting: Suggesting A Federal Regulatory Regime For A New Freshwater Source, Cory J. Lewis 2015 Boston College Law School

Iceberg Harvesting: Suggesting A Federal Regulatory Regime For A New Freshwater Source, Cory J. Lewis

Boston College Environmental Affairs Law Review

The global freshwater shortage has already reached crisis levels. The World Health Organization and UNICEF estimate that there are over 700 million people in the world without access to clean drinking water. While this crisis continues to intensify, a massive, game changing source of freshwater is floating in the Arctic and Antarctic oceans, slowly melting away: icebergs. This Note analyzes the potential for harvesting icebergs as a freshwater source on a global scale. By focusing on and illustrating the legal status of icebergs on the high seas, this Note seeks to demonstrate why icebergs are res nullius—existing in a ...


Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton 2015 Lewis & Clark Law School

Bringing Southern Bluefin Tuna Back From The Brink: Enhancing Understanding Of The Scientific Process In The Western And Central Pacific Fisheries Commission, Chris Wold, Emi Kondo, Erika Hamilton

Boston College Environmental Affairs Law Review

The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean, or the WCPFC, manages fish stocks of significant financial and ecological value across a vast area of the Pacific Ocean. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species. These disagreements have arisen due to ambiguous text in the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean regarding the roles of the Convention’s subsidiary bodies and providers of scientific advice. Some members argue that only ...


Why The Third Circuit Pro-Cooperative Federalism Preemption Holding In Bell Should Ultimately Be Adopted By The Supreme Court, Matthew Renick 2015 Boston College Law School

Why The Third Circuit Pro-Cooperative Federalism Preemption Holding In Bell Should Ultimately Be Adopted By The Supreme Court, Matthew Renick

Boston College Environmental Affairs Law Review

In Bell v. Cheswick Generating Station, the U.S. Court of Appeals for the Third Circuit reversed a decision by the U.S. District Court for the Western District of Pennsylvania, holding that state common law tort actions were not preempted by the federal Clean Air Act (“CAA”). The Third Circuit found that the savings clause of the CAA was nearly identical to that of the Clean Water Act (“CWA”), which had already been found to not preempt state common law tort actions by the U.S. Supreme Court. This Comment argues that the Third Circuit correctly compared the savings ...


Globalization Of Water Privatization: Ramifications Of Investor-State Disputes In The “Blue Gold” Economy , Julien Chaisse, Marine Polo 2015 The Chinese University of Hong Kong

Globalization Of Water Privatization: Ramifications Of Investor-State Disputes In The “Blue Gold” Economy , Julien Chaisse, Marine Polo

Boston College International and Comparative Law Review

The world of water services changed significantly over the last two decades, opening it to new business possibilities as promoted by different international financial institutions. Such prospects arose in the face of extraordinary population growth and dire water expansion needs. Accordingly, a vast increase of water-services privatization contracts between foreign investors and states ensued. Today, 10 percent of global consumers receive water from private companies. Inevitably, disputes have emerged regarding these privatization contracts, with little indication of subsiding anytime soon. In the absence of a specialized international regime to regulate these fast-growing activities, both investors and host states filed twenty-one ...


Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert H. Abrams, Jacquiline Bertelsen 2015 Florida Agricultural and Mechanical University

Downstream Inundations Caused By Federal Flood Control Dam Operations In A Changing Climate: Getting The Proper Mix Of Takings, Tort, And Compensation, Robert H. Abrams, Jacquiline Bertelsen

Robert H Abrams

The 2012 United States Supreme Court decision in Arkansas Game & Fish Commission v. United States (AG&FC) presented the Court with a claim that the property of a landowner downstream of a flood control dam was taken without compensation as a result of non-permanent inundations of low lying portions of that parcel caused by a change in the dam’s pattern of releases. The Court held that that “government-induced flooding temporary in duration gains no automatic exemption from Takings Clause inspection” and must instead be tested according to the Court’s usual precedents governing temporary physical invasions and regulatory takings ...


Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French 2015 Penn State Law

Insuring Floods: The Most Common And Devastating Natural Catastrophes In America, Christopher French

Christopher C. French

Flooding is the most common natural catastrophe Americans face, accounting for 90% of all damage caused by natural catastrophes. Hurricanes Katrina and Sandy, for example, collectively caused over $160 billion in damage, but only approximately 10% of the Hurricane Katrina victims and 50% of the Hurricane Sandy victims had insurance to cover their flood losses. Consequently, both their homes and lives were left in ruins in the wake of the storms. Nationwide, only approximately 7% of homeowners have insurance that covers flood losses even though the risk of flooding is only increasing as coastal areas continue to be developed and ...


Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap 2015 University of Colorado Law School

Slides: Practicing Sustainability In Natural Resource Industries, Gary D. Libecap

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Gary D. Libecap, Bren School of Environmental Science and Management and Economics Department, University of California, Santa Barbara, National Bureau of Economic Research (NBER)

10 slides


Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang 2015 Lewis & Clark Law School

Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang

Michael Blumm

Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one federal agency. We call this pluralistic approach to administrative decisionmaking “shared sovereignty.”

In this analysis, we compare implementation of the National Environmental Policy, the National Historic Preservation Act, the Endangered Species Act, the Clean Water Act, and the Federal Power Act. All of these statutes incorporate ...


Definitions, Religion, And Free Exercise Guarantees, Mark Strasser 2015 Capital University Law School

Definitions, Religion, And Free Exercise Guarantees, Mark Strasser

Mark Strasser

The First Amendment to the United States Constitution protects the free exercise of religion. Non-religious practices do not receive those same protections, which makes the ability to distinguish between religious and non-religious practices important. Regrettably, members of the Court have been unable to agree about how to distinguish the religious from the non-religious—sometimes, the implicit criteria focus on the sincerity of the beliefs, sometimes the strength of the beliefs or the role that they play in an individual’s life, and sometimes the kind of beliefs. In short, the Court has virtually guaranteed an incoherent jurisprudence by sending contradictory ...


Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering 2015 Lewis & Clark Law School

Vetoing Wetland Permits Under Section 404(C) Of The Clean Water Act: A History Of Inter-Federal Agency Controversy And Reform, Michael Blumm, Elisabeth D. Mering

Michael Blumm

For most of its four-decade history, section 404(c) of the Clean Water Act could have been considered to be a sleeper provision of environmental law. The proviso authorizes the U.S. Environmental Protection Agency (EPA) overrule permits for discharges of dredged or fill material issued by the U.S. Army Corps of Engineers (Corps) where necessary to ensure protection of fish and wildlife habitat, municipal water supplies, and recreational areas against unacceptable adverse effects. This authority of one federal agency to veto the decisions of another federal agency is quite unusual, perhaps unprecedented in environmental law. The exceptional nature ...


A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino 2015 Florida State University College of Law

A Taxing Endeavor: Local Government Protection Of Our Nation's Coasts In The "Wake" Of Climate Change, Simone Savino

Simone Savino

A storm is brewing, and not just in our nation’s coastal waters. The effects of climate change are becoming alarmingly apparent: sea levels are rising, storm surges are intensifying and ocean temperatures are warming at increasing speeds. Higher storm surges have led to increased flooding in coastal zones and nearby low-lying regions. The need for greater disaster preparedness in areas vulnerable to storm surges is evident, not just in the United States, but worldwide. As a direct result, coastal towns and cities have been left with the daunting task, and cost, of implementing littoral adaptation measures such as beach ...


Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack 2015 Boston College Law School

Segmentation Of Environmental Review: Why Defenders Of Wildlife V. U.S. Navy Threatens The Effectiveness Of Nepa And The Esa, Erica Novack

Boston College Environmental Affairs Law Review

In Defenders of Wildlife v. United States Department of the Navy, the U.S. Court of Appeals for the Eleventh Circuit held that the environmental review conducted by the Navy and the National Marine and Fishery Service regarding the proposed construction and operation of a warfare training range was in compliance with federal law. In particular, the court found that segmentation of review at its final stages did not violate the National Environmental Policy Act or the Endangered Species Act. This Comment addresses the danger of allowing a technicality to authorize segmentation of environmental review, and its potential negative impacts ...


Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera 2015 Boston College Law School

Using Hgm Analysis To Aggregate Wetlands As “Similarly Situated” Under The Rapanos “Significant Nexus” Test, Natalia Cabrera

Boston College Environmental Affairs Law Review

Wetlands are vital to the health of the nation’s waterways. Even small, geographically isolated wetlands can perform important functions that benefit their surrounding ecosystem. Despite the important role of smaller wetlands, the federal Clean Water Act (CWA) protection of these areas is limited to those wetlands that satisfy legal tests limited by the Commerce Clause of the Constitution. The main test to establish jurisdiction—the “significant nexus” test—relies on a connection between a wetland and a navigable-in-fact waterway. Smaller wetlands, however, may not each have individual connections that are sufficient to satisfy the significant nexus test. When wetlands ...


When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts 2015 University of Utah S.J. Quinney College of Law

When Will Governments Regulate Nonpoint Source Pollution? A Comparative Perspective, Robin Kundis Craig, Anna M. Roberts

Boston College Environmental Affairs Law Review

Although the U.S. Clean Water Act does not directly regulate nonpoint source water pollution, it does provide mechanisms that prompt states to address nonpoint source water quality problems within their borders. This prompt, however, merely raises the next question: when, or under what political conditions, will states actually do so? Although individual states within the United States provide many bases for comparison, this Article examines the issue of prompting nonpoint source regulation from an international comparative perspective, focusing on the nascent efforts of the Australian states of Victoria and Queensland to address nonpoint source pollution and the potential lessons ...


Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams 2015 University of Florida Levin College of Law

Migrating Boundaries, Katrina M. Wyman, Nicholas R. Williams

Florida Law Review

The boundaries between land parcels usually are assumed to be static and unchanging. However, not all land borders are stable. An important land boundary that routinely ambulates is the border between what is publicly and privately owned along U.S. coastal shores. This coastal boundary recently has been the subject of renewed attention from the courts, scholars, and even the popular press in the wake of Hurricane Sandy. This Article offers an economic analysis of why the boundary generally ambulates, rather than remaining perpetually fixed as land borders usually are assumed to do. It also considers whether the legal border ...


The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt 2015 University of Michigan Law School

The Compromise Verdict: How The Court’S Resolution Of New Jersey V. Delaware Iii Implicitly Advanced Environmental Litigation, Joel M. Pratt

Joel M Pratt

New Jersey and Delaware have often fought over their territorial boundaries in the Delaware River. Three times, they have litigated cases in the Supreme Court under the Court’s original jurisdiction to hear cases or controversies between states. In 1905, a Compact negotiated by the states and confirmed by Congress settled the first case between the two states. The second case between the two states led the Supreme Court to issue a Decree confirming the boundaries of the two states. The third case, which began in 2005, asked the Court to decide the scope of each state’s power to ...


Opinion Analysis: Bargaining In The Shadow Of Equitable Apportionment, Ryke Longest 2015 Duke Law School

Opinion Analysis: Bargaining In The Shadow Of Equitable Apportionment, Ryke Longest

Faculty Scholarship

No abstract provided.


Colorado Farmer's Influence On Flexible Water Policy Decisions: A Uniform Political Bloc?, Tyreen L. Livingston 2015 University of Colorado Boulder

Colorado Farmer's Influence On Flexible Water Policy Decisions: A Uniform Political Bloc?, Tyreen L. Livingston

Undergraduate Honors Theses

Water in the western United States is a controversial topic because of the decreased supplies due to urban and population growth, climatic changes such as drought, and continued disagreements about how existing water supplies should be allocated. The agricultural community in Colorado uses approximately 85% of the existing water supplies and a majority of Colorado’s water is located on the Western Slope. The Eastern Plains and Front Range areas are projected to see the majority of the population and development growth over the next thirty years and water supplies will continue to dwindle as more users demand more water ...


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