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2511 full-text articles. Page 1 of 41.

The Clark Fork Coalition V. Tubbs, Jonah P. Brown 2017 University of Montana School of Law

The Clark Fork Coalition V. Tubbs, Jonah P. Brown

Public Land and Resources Law Review

Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.


Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom 2017 John Marshall Law School

Cholera As A Grave Violation Of The Right To Water In Haiti (2014), Sarah Dávila-Ruhaak, Steven D. Schwinn, Beatrice Lindstrom

Sarah Dávila-Ruhaak

This report is submitted to the United Nation’s Special Rapporteur on the Human Right to Safe Drinking Water and Sanitation concerning the United Nation’s responsibility in spreading cholera in Haiti as a violation of the right to water and sanitation. The submission discusses violations of the right to water, including the role of United Nations peacekeepers in introducing the virus to Haiti following the 2010 earthquake. The report addresses the United Nations’ unwillingness to accept responsibility for its role in the outbreak and its failure to establish redress mechanisms for victims affected by the cholera epidemic. It further ...


On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie 2017 University of New Mexico School of Law

On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie

Alex Ritchie

In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least ...


The Changing Law Of The Sea: Western Hemisphere Perspectives, Daniel C. Turack 2017 Capital University, Ohio

The Changing Law Of The Sea: Western Hemisphere Perspectives, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.


Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus III 2017 University of Georgia School of Law

Proportional Fault In Maritime Collisions-Charting The New Course, Gustave R. Dubus Iii

Georgia Journal of International & Comparative Law

No abstract provided.


The Oecd Guiding Principles On Transfrontier Pollution, Robert E. Stein 2017 American University,Washington. DC

The Oecd Guiding Principles On Transfrontier Pollution, Robert E. Stein

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


Center For Biological Diversity V. Jewell, Kirsa Shelkey 2016 University of Montana

Center For Biological Diversity V. Jewell, Kirsa Shelkey

Public Land and Resources Law Review

Following years of pressure to list the upper Missouri River population of Arctic grayling as an endangered or threatened species, the United States Fish and Wildlife Service issued a 2014 Finding that listing the fish was “not warranted at this time.” The Service relied on voluntary Candidate Conservation Agreements with Assurances in the Big Hole River Basin to determine that listing criteria under the Endangered Species Act was not met and therefore listing was not necessary. Ultimately, the court deferred to agency expertise and found that the Service’s decision not to list the Arctic grayling was reasonable.


Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman 2016 Roger Williams University School of Law

Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman

Law School Blogs

No abstract provided.


Looking Upstream: An Analysis Of Low Water Levels In Lake Powell And The Impacts On Water Supply, Hydropower, Recreation, And The Environment: A Companion Report To The Bathtub Ring, Michael Johnson, Lindsey Ratcliff, Rebecca Shively, Leanne Weiss 2016 Selected Works

Looking Upstream: An Analysis Of Low Water Levels In Lake Powell And The Impacts On Water Supply, Hydropower, Recreation, And The Environment: A Companion Report To The Bathtub Ring, Michael Johnson, Lindsey Ratcliff, Rebecca Shively, Leanne Weiss

Michael Johnson

viii, 110 pages : color illustrations, color maps


Getches-Wilkinson Center Newsletter, Fall 2016, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment 2016 University of Colorado Law School

Getches-Wilkinson Center Newsletter, Fall 2016, 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.


Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School of Law 2016 Roger Williams University

Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray 2016 University of Kentucky

Texas Groundwater And Tragically Stable “Crossovers”, Zachary A. Bray

Zachary Bray

One recurring question in the academic literature on common-pool resources relates to the persistence of “tragic” commons regimes—systems that encourage, or at least tolerate, the inefficient, wasteful, hazardous, or unfair exploitation of a resource that is easily accessed for and diminished by individual use and consumption. Of course, not all commons are tragic: some common-pool resources invite individual access in efficient, fair, and durable ways. Yet many commonly held resources do lie under systems of governance that are not just tragic but persistently and stubbornly so. Often the tragic aspects of such commons regimes are well known; indeed, for ...


Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler 2016 Golden Gate University School of Law

Reducing Overdraft And Respecting Water Rights Under California's 2014 Sustainable Groundwater Management Act: A View From The Kern County Farming Sector, Ashley Mettler

Golden Gate University Environmental Law Journal

California groundwater is an invaluable drought reserve for agricultural farmers. With historically dry conditions affecting the annual water supply, precious groundwater has become one of the last water resources available to growers in the Central Valley. The devastating drought effects have necessitated the use of groundwater to help offset the surface water deprivation, and the increase in groundwater usage has become a source of growing conflict among water users and environmentalists across the state.

In 2014, the California Legislature introduced the Sustainable Groundwater Management Act (SGMA), opening the door to a new era of water management and new challenges for ...


International Water Law And China’S Management Of Its International Rivers, James D. Fry, Agnes Chong 2016 University of Hong Kong Faculty of Law

International Water Law And China’S Management Of Its International Rivers, James D. Fry, Agnes Chong

Boston College International and Comparative Law Review

This Article explores China’s management of its international rivers. China has various domestic pieces of legislation, including the Water Law of 2002, to regulate the uses and protection of its international rivers. It is clear that international water law influenced China inasmuch as there are similarities between the 1997 Watercourses Convention and the Water Law of 2002, and even China has recognized the influence of international law in the formation of its Water Law of 2002. This runs contrary to the widespread belief among Western commentators that China generally does not engage in these types of matters with international ...


United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown 2016 Alexander Blewett III School of Law at the University of Montana

United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown

Public Land and Resources Law Review

When landowners seek to determine if a permit is required from the Army Corps of Engineers to discharge dredged or fill material into waters within their property boundaries, they may first obtain a jurisdictional determination specifying whether “waters of the United States” are present. In an 8-0 judgment, Army Corps of Engineers v. Hawkes was a victory for landowners, concluding that an approved jurisdictional determination is a final agency action reviewable under the Administrative Procedure Act.


Water, Growth And The Endangered Species Act, Holly Doremus 2016 Selected Works

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.


Water, Growth And The Endangered Species Act, Holly Doremus 2016 Selected Works

Water, Growth And The Endangered Species Act, Holly Doremus

Holly Doremus

24 pages.


There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection, Ryan P. Duffy 2016 Villanova University Charles Widger School of Law

There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection, Ryan P. Duffy

Villanova Environmental Law Journal

No abstract provided.


Making The Most Of El Nino: Stormwater Collection And Rainwater Harvesting As Potential Solutions To Water Shortages In Southern California, Benjamin A. Harris 2016 Villanova University Charles Widger School of Law

Making The Most Of El Nino: Stormwater Collection And Rainwater Harvesting As Potential Solutions To Water Shortages In Southern California, Benjamin A. Harris

Villanova Environmental Law Journal

No abstract provided.


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