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Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker 2018 Alexander Blewett III School of Law at the University of Montana

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...


Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains 2018 Alexander Blewett III School of Law at the University of Montana

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA ...


Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek 2018 Florida State University College of Law

Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart 2018 Florida State University College of Law

Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher 2018 Florida State University College of Law

Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher

Florida State University Journal of Land Use and Environmental Law

In his article, Florida Water Resource Development: A Call for Statewide Leadership, Charles R. Fletcher argues that Florida's current drought is due to a lack of statewide leadership in water resource planning and development. In discussing how Florida might improve its system, Mr. Fletcher surveys water resource development in North Carolina, New York, Texas, Kansas, Arizona, and California. These states offer alternatives to Florida's current system, and Mr. Fletcher identifies a number of proposals to effectively increase water resource development in Florida without the need for revision of Florida's administrative water use permitting system.


Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless 2018 Florida State University College of Law

Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne 2018 University of Florida, Gainesville

Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest 2018 Florida State University College of Law

The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Ocean Future: Toward A State Ocean Policy, Donna R. Christie 2018 Florida State University College of Law

Florida's Ocean Future: Toward A State Ocean Policy, Donna R. Christie

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


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.


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher 2018 UC Berkeley School of Law

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Center for Law, Energy & the Environment Publications

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for nonextractive purposes ...


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 ...


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