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Getches Wilkinson Center Newsletter, Fall 2014, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2014 University of Colorado Law School

Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene 2014 University of Georgia School of Law

The Failings Of The Tri-State Water Negotiations: Lessons To Be Learned From International Law, Michael Keene

Georgia Journal of International & Comparative Law

No abstract provided.


Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. LaManna 2014 University of Georgia School of Law

Three's A Crowd: Examining Georgia's Options In The Tri-State Water Wars Under Principles Of International Law, Eva M. Lamanna

Georgia Journal of International & Comparative Law

No abstract provided.


Domestic Solutions To The International Problem Of Water Scarcity: Singapore, A Case Study, Suzanne T. Lewis 2014 University of Georgia School of Law

Domestic Solutions To The International Problem Of Water Scarcity: Singapore, A Case Study, Suzanne T. Lewis

Georgia Journal of International & Comparative Law

No abstract provided.


River Of Contention: Scarcity Discourse And Water Competition In Highland Peru, Barbara Lynch 2014 University of Georgia School of Law

River Of Contention: Scarcity Discourse And Water Competition In Highland Peru, Barbara Lynch

Georgia Journal of International & Comparative Law

No abstract provided.


International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen 2014 University of Georgia School of Law

International Law In A Time Of Scarcity: An Introduction, Harlan G. Cohen

Georgia Journal of International & Comparative Law

No abstract provided.


"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler 2014 SelectedWorks

"You Must Remember This:" Nothing Lasts A Hundred Years, David D. Butler

David D. Butler

Much of what any given generation thinks of as "natural," is, in fact, the result of a prevoious generation's civil engineering projects. Medieval French peasants used to say that mythical giants built the Roman acquiducts of Southern France, because the notion that mere humans could have constructed such systems was simply beyond their post Black-Death conception.


Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann 2014 University of Maryland Francis King Carey School of Law

Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.


Global Water Resources & Publications, Taryn L. Rucinski 2014 Pace University

Global Water Resources & Publications, Taryn L. Rucinski

Pace Law Faculty Publications

Before we as a society can begin crafting innovative legal solutions to help combat the global water crisis, researchers and experts in the field first need access to sound sources of scientific information. Despite the seeming simplicity of that goal, locating research about water, sanitation, and agricultural conditions, especially in developing countries, can be immensely challenging as it is complicated by issues of language, currency, scope, and accuracy. The purpose of this note is to provide practitioners with a list of free, high quality resources that should help make their research in this area a bit more accessible.


Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos 2014 Golden Gate University School of Law

Water Management: From An Uncertain Present To A Sustainable Future, Katherine A. Spanos

Golden Gate University Environmental Law Journal

Over the last ten years, two separate water management planning efforts in California—integrated regional water management and climate change planning—have come together in a way that provides similar lessons to help different interests find common ground for water management solutions. This planning synthesis has resulted in a significant change in the way California now addresses issues of water management.

After a brief background discussion (Part II), Part III of this Article examines the history of the merger of these two initiatives. Part IV explores an approach for water management based on the experience gained from this history. This ...


Facts Can Be Stubborn: The Importance Of The Fact Section In Environmental Law, L.A. County Flood Control Dist. V. Natural Res. Def. Council, 133 S. Ct. 710 (2013), Aaron Schaer 2014 SelectedWorks

Facts Can Be Stubborn: The Importance Of The Fact Section In Environmental Law, L.A. County Flood Control Dist. V. Natural Res. Def. Council, 133 S. Ct. 710 (2013), Aaron Schaer

Aaron Schaer

L.A. County is a perfect example of a difficulty that underlies many environmental cases. The facts are often incredibly complex, and based on science that even the PhDs among us struggle to comprehend. And if this were not enough, the environmental laws that these facts are siphoned through are no walk in the park themselves. Quite the opposite, as should be expected from political compromises over intricate, ever-evolving science.

Environmental laws are rife with jargon and compound terms that are best left to acronyms like NAAQS and NPDES. This itself has become food for fodder, as these laws have ...


Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power 2014 University of Maryland Francis King Carey School of Law

Constitutional Limitations On Sovereignty, 2014 Edition, Garrett Power

Book Gallery

This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property ...


Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele 2014 Boston College Law School

Throwing Admiralty Jurisdiction A Lifevest: Preserving Maritime Jurisdiction For Torts That Do Not Involve Vessels, Monica Thoele

Boston College Law Review

This Note examines the current test for establishing admiralty jurisdiction for in personam tort suits and the lower courts’ recent departure from this test. Some lower courts have started to inappropriately read a vessel requirement into the test. This requirement causes a host of problems, including upsetting the spirit of the Extension of Admiralty Jurisdiction Act of 1948, forcing judges to decide issues of fact at the outset of litigation, and inadequately upholding admiralty jurisdiction’s purpose of protecting maritime commerce. The best solution to this problem would be for Congress to pass a new admiralty jurisdiction statute that incorporates ...


When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs 2014 University of Maryland Francis King Carey School of Law

When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs

Endnotes

No abstract provided.


Colorado River Governance, David K. Chozick 2014 SelectedWorks

Colorado River Governance, David K. Chozick

David K. Chozick

No abstract provided.


Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter 2014 College of William & Mary Law School

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that ...


Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam 2014 College of William & Mary Law School

Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam

William & Mary Environmental Law and Policy Review

This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive ...


Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris 2014 University of Florida Levin College of Law

Maintaining A Healthy Water Supply While Growing A Healthy Food Supply: Legal Tools For Cleaning Up Agricultural Water Pollution, Mary Jane Angelo, Jon Morris

Faculty Publications

This article will explore a number of legal mechanisms that could play a role in ensuring that discharges from agricultural activities do not cause or contribute to violations of water quality standards. Specifically, this article will evaluate the relative effectiveness of: (1) narrative nutrient criteria as compared with numeric nutrient criteria; (2) Total Maximum Daily Load (TMDL) implementation through regulatory and non-regulatory mechanisms; and (3) the relative efficacy of design-based standards such as Best Management Practices (BMPs) and performance-based standards in reducing water pollution from agriculture. The article will draw on experiences from the State of Florida, including Everglades' restoration ...


Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein 2014 Pepperdine University

Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein

Pepperdine Law Review

Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, state-by-state survey of water allocation law and ...


Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala 2014 Boston College Law School

Sub-Seabed Burial Of Nuclear Waste: If The Disposal Method Could Succeed Technically, Could It Also Succeed Legally?, Amal Bala

Boston College Environmental Affairs Law Review

Nuclear power is a relatively familiar method of generating electricity in the United States, but the process remains controversial because of high-level radioactive waste. Conventional nuclear reactors use uranium fuel to sustain nuclear fission, but eventually such fuel becomes spent and requires storage and disposal because of its dangerous radioactive properties. The United States produces a large amount of nuclear waste every year but has struggled to develop a long-term disposal strategy. America favors land-based disposal methods and is not giving serious consideration to alternative methods, including sub-seabed burial. This Note discusses preliminary research on sub-seabed burial of nuclear waste ...


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