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The Golden Rule* Of Water Management, Russell M. McGlothlin, Jena Shoaf Acos 2016 Brownstein Hyatt Farber Schreck, LLP

The Golden Rule* Of Water Management, Russell M. Mcglothlin, Jena Shoaf Acos

Golden Gate University Environmental Law Journal

California follows a “Golden Rule” of water management, which requires management of the state’s water for maximum beneficial use. This principle is codified at Article X, Section 2 of California’s Constitution. However, the Golden Rule has a qualifier—an asterisk—which requires that water management “preserve water right priorities to the extent those priorities do not lead to unreasonable use.” We call this qualifier the Mojave Rule, named after the California Supreme Court’s decision in City of Barstow v. Mojave Water Agency. The Golden Rule* is the foundation of water management in California and the Mojave Rule ...


Not All Water Stored Underground Is Groundwater: Aquifer Privatization And California's 2014 Groundwater Sustainable Management Act, Adam Keats, Chelsea Tu 2016 Center for Food Safety

Not All Water Stored Underground Is Groundwater: Aquifer Privatization And California's 2014 Groundwater Sustainable Management Act, Adam Keats, Chelsea Tu

Golden Gate University Environmental Law Journal

California’s Sustainable Groundwater Management Act of 2014 (“Act”) has been heralded as a “once-in-a-century achievement.” While some have criticized the Act’s relatively modest regulatory goals, long compliance deadlines, and weak enforcement powers, others have hailed the mere accomplishment of the state passing some form of groundwater legislation and celebrated the Act’s stated goals of protecting existing water rights and local control of groundwater supplies. Some groundwater basins may prove to be well-suited for the regulatory scheme imposed by the Act, but equitable regulation of other groundwater basins may be challenged by current and future efforts to privatize ...


A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs 2016 Somach Simmons & Dunn

A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs

Golden Gate University Environmental Law Journal

This Article will discuss the Light case from the perspective of my firm’s vineyardist clients—including our understanding of the Reasonable Use Doctrine and its application to the frost protection regulation.

The underlying premise of the frost protection regulation is the theory that reductions in streamflow caused by frost protection diversions cause or contribute to stranding of juvenile salmonids in the exposed gravel banks of the rivers and streams in the Russian River watershed. One of the key issues in Light was whether good science supports this theory. From the perspective of my vineyardist clients, the State Board relied ...


Reasonable Use On The Russian River: A Brief History Of The Frost Protection Rule, Brian J. Johnson 2016 Trout Unlimited

Reasonable Use On The Russian River: A Brief History Of The Frost Protection Rule, Brian J. Johnson

Golden Gate University Environmental Law Journal

The Russian River Frost Protection Regulation (“Frost Protection Rule”) states that “any diversion of water from the Russian River stream system, including the pumping of hydraulically connected groundwater, for purposes of frost protection” must be diverted in accordance with an approved “water demand management program” (WDMP), or the diversion “is an unreasonable method of diversion and use and a violation of Water Code section 100.” The California State Water Resources Control Board (“State Water Board”) adopted the Frost Protection Rule on September 20, 2011.

Litigation over the rule culminated in the decision in Light et al. v. State Water Res ...


Desperate Times Call For Sensible Measures: The Making Of The California Sustainable Groundwater Management Act, Tina Cannon Leahy 2016 Golden Gate University School of Law

Desperate Times Call For Sensible Measures: The Making Of The California Sustainable Groundwater Management Act, Tina Cannon Leahy

Golden Gate University Environmental Law Journal

The story of how California passed the Sustainable Groundwater Management Act (SGMA)—popularly pronounced as “Sigma”—is an example of how what occurs “overnight” can be a century in the making.

California is frequently the United States’ leader in sustainability and progressive regulation. Sections of the State’s Porter-Cologne Water Quality Control Act were models for the modern federal Clean Water Act. The federal Clean Air Act provided California a preemption waiver that not only allowed it to set its own automobile emissions standards but empowered other states to choose between the stricter California standard and the federal standard. With ...


In This Edition, Phoebe Moshfegh, Joseph Baskin 2016 Golden Gate University School of Law

In This Edition, Phoebe Moshfegh, Joseph Baskin

Golden Gate University Environmental Law Journal

No abstract provided.


The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi 2016 St. Thomas University

The Injustice Of Sea Level Rise: Ethics And Evidence, Lies And Liability, Professor Keith Rizzardi

Lectures and Presentations

The Center for International Law & Justice (CILJ) and the Environment, Development & Justice Program (EDJP) present a lecture by Professor Keith Rizzardi. Professor Rizzardi, an experienced government lawyer and litigator, teaches at St. Thomas University School of Law.


2016 California Water Law Symposium, Golden Gate University School of Law 2016 Golden Gate University School of Law

2016 California Water Law Symposium, Golden Gate University School Of Law

Environmental Law Symposia

This award-winning event is produced by law students from McGeorge School of Law, UC Berkeley School of Law, UC Hastings College of Law, Golden Gate University School of Law, University of San Francisco School of Law, and UC Davis School of Law. This year we will explore innovations needed to address periodic drought as the new normal in California water via six exciting panels. The panels will examine the importance of “thinking globally, acting locally” in the context of key emerging issues.

Conference proceedings attached.

PROGRAM

Registration & Continental Breakfast 8:00 a.m. - 9:00 a.m.

Introduction 9:00 ...


Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia 2015 Alexander Blewett III School of Law at the University of Montana

Natural Resources Defense Council V. United States Environmental Protection Agency, Erick A. Valencia

Public Land and Resources Law Review

In Natural Resources Defense Council v. United States Environmental Protection Agency, the court was asked to review the EPA’s Vessel General Permit that set limits on the discharge of pollutants in a ship’s ballast water. Ballast water discharge has become one of the major contributors to the spread of invasive species, especially in the Great Lakes where short voyages allow organisms to easily survive in ballast water. The EPA’s lack of information was a problem of its own making because it prohibited the Science Advisory Board and National Academy of Sciences from adequately exploring available technology before ...


The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown 2015 Selected Works

The Klein Water Treatment Facility: Model For The New Superfund Management Strategy – Or- The Importance Of Being In The Wrong Place At The Right Time???, David Brown

David C. Brown

12 pages.


Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley 2015 Washington and Lee University School of Law

Water, Water, Everywhere: Surface Water Liability, Jill M. Fraley

Michigan Journal of Environmental & Administrative Law

By 2030 the U.S. will lose around $520 billion annually from its gross domestic product due to flooding. New risks resulting from climate change arise not only from swelling rivers and lakes, but also from stormwater runoff. According to the World Bank, coastal cities risk flooding more from their poor management of surface water than they do from rising sea levels. Surface water liability governs when a landowner is responsible for diverting the flow of water to a neighboring parcel of land. Steep increases in urban flooding will make surface water an enormous source of litigation in the coming ...


Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein 2015 Texas A&M University School of Law

Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.


Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins 2015 Alexander Blewett III School of Law at the University of Montana

Sierra Club V. United States Army Corps Of Engineers, 803 F.3d 31 (D.C. Cir. 2015), Ariel E. Overstreet-Adkins

Public Land and Resources Law Review

Despite the majority’s “needlessly circuitous” route, as described by concurring Judge Brown, Sierra Club v. U.S. Army Corps of Engineers stands as a limit of the application of NEPA to a private pipeline constructed largely on private land. While the main issue identified by the District of Columbia Circuit Court was the scope of environmental review required under NEPA, the court also addressed issues dealing with the ESA and the CWA relating to the construction and operation of a pipeline in the Midwest. The court held that under these circumstances, NEPA review was mandated only for those small ...


Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu 2015 Seton Hall University

Criminal Ambiguity: Redefining The Clean Water Act’S Mens Rea Requirements, Bobby Yu

Seton Hall Circuit Review

No abstract provided.


Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan 2015 Nevada Law Journal

Eureka Cnty. V. Off. Of State Engr. Of State Of Nev., Div. Of Water Resources, 131 Nev. Adv. Op. 84 (Oct. 29, 2015), Chelsea Finnegan

Nevada Supreme Court Summaries

For the State Engineer to grant water rights applications, there must be evidence to support the decision and the new rights must not substantially conflict with existing rights. On appeal from the District Court, the Court found no evidence to support the granted application, and held the use of Respondent’s rights would severely impact the water table. The Court reversed and remanded the case for proceedings consistent with the opinion.


The Safe Drinking Water / Food Law Nexus, Margot J. Pollans 2015 Pace University School of Law

The Safe Drinking Water / Food Law Nexus, Margot J. Pollans

Pace Environmental Law Review

At 2 AM on August 2, 2014, the Ohio Environmental Protection Agency issued the following warning to the citizens of Toledo: “Do Not Drink.” The Ohio City's tap water was contaminated with microcystin, a toxin that can cause diarrhea, vomiting, and abnormal liver function. The source was an algal bloom in Lake Erie resulting from high levels of agricultural fertilizers and animal waste. For three days, Toledo residents drank only bottled water.

This is just one of many similar examples of agricultural contamination of urban drinking water supplies. Creating a physical connection between urban and rural communities, this pollution ...


Getches-Wilkinson Center Newsletter, Fall 2015, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2015 University of Colorado Law School

Getches-Wilkinson Center Newsletter, Fall 2015, 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.


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel 2015 University of Michigan - Dearborn

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

Abstract

Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves into the fundamental architecture of legal thought that often buttresses corporate dominance in the global economy. Moreover, CSR discourse does little to challenge the ontological and epistemological assumptions that form the foundation for modern economics and the role of corporations in the world.

I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay ...


Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey 2015 Nevada Law Journal

Benson V. State Engineer, 131 Nev. Adv. Op. 409 (Sep. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court held that NRS § 533.395 requires a party seeking relief from the cancellation of a water permit to exhaust all available administrative remedies before seeking judicial review, even if the State Engineer is not authorized to provide the particular remedy that the party seeks. If the State Engineer is authorized by NRS § 533.395 to provide a party with a remedy, then the doctrine of futility does not apply to excuse the NRS § 533.394(4) exhaustion requirement. Therefore, the party must first show that the administrative process would afford him or her “no relief at all” before ...


Antimonopoly In Public Land Law, Michael Blumm, Kara Tebeau, Michael Blumm, Kara Tebeau 2015 Lewis & Clark Law School

Antimonopoly In Public Land Law, Michael Blumm, Kara Tebeau, Michael Blumm, Kara Tebeau

Michael Blumm

Public land law is often thought to be divided into historical eras like the Disposition Era, the Reservation Era, and the Modern Era. We think an overarching theme throughout all eras is antimonopoly. Since the Founding, and continuing for over two-and-a-quarter centuries into the 21st century, antimonopoly policy has permeated public land law. In this article we show the persistence of antimonopoly sentiment throughout the public land history, from the Confederation Congress to Jacksonian America to the Progressive Conservation Era and into the modern era.

Antimonopoly policy led to widespread ownership of American land, perhaps America’s chief distinction ...


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