Open Access. Powered by Scholars. Published by Universities.®

Water Law Commons

Open Access. Powered by Scholars. Published by Universities.®

3,090 Full-Text Articles 2,414 Authors 512,142 Downloads 108 Institutions

All Articles in Water Law

Faceted Search

3,090 full-text articles. Page 46 of 52.

Introduction: The Deepwater Horizon Incident, Charles H. Norchi 2011 University of Maine School of Law

Introduction: The Deepwater Horizon Incident, Charles H. Norchi

Faculty Publications

In this symposium, the contributors appraise the regulatory and institutional pathologies that contributed to the incident, offer projections based on current practices and legal frameworks, propose alternative institutional and regulatory approaches, and recommend policies to achieve a preferred future for marine ecosystems and dependent human activity.


Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias 2011 New England Law

Protecting Pocahontas's World: The Mattaponi Tribe's Struggle Against Virginia's King William Reservoir Project, Allison M. Dussias

American Indian Law Review

No abstract provided.


Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson 2011 University of Oklahoma College of Law

Five Tribes' Water Rights: Examining The Aamodt Adjudications' Mechem Doctrine To Predict Tribal Water Rights Litigation Outcomes In Oklahoma, Taylor Henderson

American Indian Law Review

No abstract provided.


Water, Climate, And Energy Security, Elizabeth Burleson 2011 Pace Law School

Water, Climate, And Energy Security, Elizabeth Burleson

Pace Law Faculty Publications

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


How Suburbia Happened In Toronto, Michael Lewyn 2011 Touro Law Center

How Suburbia Happened In Toronto, Michael Lewyn

Scholarly Works

No abstract provided.


Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn 2011 Florida A&M University College of Law

Enemy Of The People: The Need For Congress To Pass The Clean Water Restoration Act, Cathryn Henn

Florida A & M University Law Review

No abstract provided.


Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein 2011 Texas A&M University School of Law

Buried Treasure Or Buried Hope? The Status Of Mexico-U.S. Transboundary Aquifers Under International Law, Gabriel E. Eckstein

Faculty Scholarship

Transboundary aquifers found along the 2,000 mile-long border between Mexico and the United States are not governed by any treaty. Yet, these aquifers are the primary source of water for many of the twelve million people who live in this parched region. The region’s groundwater, however, is being over-exploited and contaminated, which is threatening the very life that it currently sustains. As populations continue to expand and current rates of haphazard development persist, the absence of an agreement for the management and allocation of this critical resource could lead to bi-national economic, social and environmental tragedies. This study ...


Alternative Strategies For Managing Pharmaceutical And Personal Care Products In Water Resources, Gabriel Eckstein, George William Sherk 2011 Texas A&M University School of Law

Alternative Strategies For Managing Pharmaceutical And Personal Care Products In Water Resources, Gabriel Eckstein, George William Sherk

Faculty Scholarship

In recent decades, concern has grown over the presence of pharmaceutical and personal care products (PPCPs) in water. This concern stems from the possibility that the presence of PPCPs in water supplies may pose a threat to both human and environmental health. Such threats may be both direct (e.g., exposure to endocrine disrupting compounds) and indirect (e.g., emergence of antibiotic resistant bacteria). The water treatment and wastewater treatment community has been especially concerned over PPCPs because of PPCPs ubiquitous nature and their ability to persist or only partially degrade in water and during wastewater treatment. Studies done over ...


Oil And Water: Easements And The Environment, McKay Cunningham 2011 Concordia University School of Law

Oil And Water: Easements And The Environment, Mckay Cunningham

Faculty Scholarship

The age of American environmentalism has arrived. Surveys show widespread public support for preservation policies, open spaces, and natural parks, while reflecting popular disdain for new development of wild lands. Federal and state governments have reacted to public sentiment by adding acreage to national preserves, increasing the budget for agencies tasked with preservation, and by enacting and enforcing pollution laws and regulations.

Despite popular support and government-initiated efforts, forty million acres of land – larger than the state of Florida – were newly developed between 1992 and 2007. This paper addresses the historic and deeply rooted pro-development policy informing American property law ...


Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio 2011 Elisabeth Haub School of Law at Pace University

Water Law In The United States And Brazil--Climate Change & Two Approaches To Emerging Water Poverty, David N. Cassuto, Romulo S.R. Sampaio

Pace Law Faculty Publications

This article examines two of the major water legal regimes in the Americas-that of Brazil and the United States. Both countries have extensive wet and dry regions and both hydro-regimes face a significant threat from global warming. Brazil, for instance, is home to between eight and fifteen percent of the world's fresh water, and its fast-growing economy and population present major challenges in management and allocation. The U.S. also faces major water allocation problems resulting from past settlement policies; unsustainable reclamation projects; and also fast-growing domestic, industrial and agricultural demand. In the United States, water has traditionally been ...


Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong 2011 University of Nevada, Las Vegas -- William S. Boyd School of Law

Mapping The Human Right To Water On The Colorado River, Bret C. Birdsong

Scholarly Works

Colorado River systems-both ecological and legal-are facing a coming crisis. The river snakes its way from the Rocky Mountain crest to the Gulf of California, draining 245,000 square miles encompassing parts of seven of the United States ("U.S.") and two Mexican states. The river and its tributaries provide drinking water for growing population of thirty million in an even larger area because some of its water is diverted to serve out-of-basin demands in both the U.S. and Mexico. Aside from bringing life-sustaining water to people for personal use, it provides irrigation water for some of the most ...


Cancun Climate Negotiations, Prof. Elizabeth Burleson 2010 Selected Works

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.


Water, Climate, And Energy Security, Prof. Elizabeth Burleson 2010 Selected Works

Water, Climate, And Energy Security, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.


Water Sourcing And Wasterwater Disposal, Steven Baicker-McKee, Kevin J. Garber, Jean M. Mosites 2010 Duquesne University School of Law

Water Sourcing And Wasterwater Disposal, Steven Baicker-Mckee, Kevin J. Garber, Jean M. Mosites

Steven Baicker-McKee

As this country searches for reliable energy sources in the face of political, technological, and environmental challenges, development of the Marcellus Shale in Pennsylvania has expanded rapidly in recent years. The Pennsylvania Department of Environmental Protection ("PaDEP" or "Department") issued 3,314 permits for Marcellus wells in 2010, and 1,446 Marcellus wells were drilled in 2010, up from 795 drilled in 2009. Of the 71,000 active gas wells in Pennsylvania,however, only 3.5% are Marcellus wells. This article will review the interrelationships among Marcellus Shale development in Pennsylvania, water resources of the Commonwealth, and the evolving regulatory ...


Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos 2010 University of Cambridge

Third Party Access And Refusal To Deal In European Energy Networks: How Sector Regulation And Competition Law Meet Each Other, Michael Diathesopoulos

Michael Diathesopoulos

In this paper, we will analyse the issue of concurrence between competition and sector rules and the relation between parallel concepts within the two different legal frameworks. We will firstly examine Third Party Access in relation to essential facilities doctrine and refusal of access and we will identify the common points and objectives of these concepts and the extent to which they provide a context to each other’s implementation. Second, we will focus on how Commission uses sector regulation and objectives as a context within the process of implementation of competition law in the energy sector and third, we ...


Playing By Different Rules? Property Rights In Land And Water, Richard A. Epstein 2010 New York University School of law

Playing By Different Rules? Property Rights In Land And Water, Richard A. Epstein

New York University Law and Economics Working Papers

This article examines both the similarities and differences between the law of land and water in both a private law and constitutional law setting. The first critical difference is that the nature of the two resources differs enough such that exclusive rights for occupation usually sets the right framework for analyzing land use disputes, while a system of shared, correlative duties work best for water. Once these baselines are established, it follows that an accurate rendition of the constitutional law issues necessarily rests on the proper articulation of private law rules of adjudication. Unless those efficient private rules are used ...


Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University of Colorado Boulder. Natural Resources Law Center 2010 University of Colorado Law School

Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

This one-day symposium to be held at the Grand Hyatt hotel in Denver will address the technology, economics, environmental impacts, and regulatory issues associated with shale gas development in the Rocky Mountain region. The purpose of this event is to facilitate productive dialogue among a wide range of stakeholders and interested parties to guide policy decisions.


Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer 2010 University of Colorado Law School

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).


Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis 2010 University of Colorado Law School

Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John B. Curtis, Professor of Geology and Geological Engineering and Director of the Potential Gas Agency, Colorado School of Mines, Golden, CO

17 slides


Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap 2010 University of Colorado Law School

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides


Digital Commons powered by bepress