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- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (3)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (2)
- Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11) (2)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Dams: Water and Power in the New West (Summer Conference, June 2-4) (1)
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- Faculty Articles and Other Publications (1)
- Journal Publications (1)
- Libraries Faculty and Staff Scholarship and Research (1)
- Maurer Law Events (1)
- New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10) (1)
- Publications (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- UF Law Faculty Publications (1)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (1)
- Western Water Law in Transition (Summer Conference, June 3-5) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
Articles 1 - 20 of 20
Full-Text Articles in Law
Environmental And Natural Resources Law Symposium: Assessing The August 2023 Amendments To The Waters Of The United States Rule In The Wake Of Sackett V. Epa, Ryan Day
Maurer Law Events
In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden …
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Richard E. Schwartz, Crowell & Moring LLP
38 slides
Army Corps Of Engineers, U.S., Bert Chapman
Army Corps Of Engineers, U.S., Bert Chapman
Libraries Faculty and Staff Scholarship and Research
Provides an overview of how the U.S. Army Corps of Engineers has influenced historical and contemporary economic, environmental, and political developments in the American West.
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT
25 slides
Water Federalism And The Army Corps Of Engineers' Role In Eastern States Water Allocation, Robert Haskell Abrams
Water Federalism And The Army Corps Of Engineers' Role In Eastern States Water Allocation, Robert Haskell Abrams
Journal Publications
It is black letter constitutional theory that the several states are the masters of their property law, and hence their water law. For that reason, states have been free to adopt regimes as widely different as reasonable use riparianism and prior appropriation, depending on local conditions and perceived needs. Superimposed on the same physical water resource network, is the United States Army Corps of Engineers (Corps). The presence of Corps' facilities in basins now experiencing short supply opens the door to state and federal water allocation conflict that calls for mediation under the principles of water federalism, a doctrine that …
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Can Congress Regulate Intrastate Endangered Species Under The Commerce Clause?, Bradford Mank
Can Congress Regulate Intrastate Endangered Species Under The Commerce Clause?, Bradford Mank
Faculty Articles and Other Publications
In Spring 2003, both the 5th Circuit and the D.C. Circuit agreed that Congress has the authority under the Commerce Clause to protect intrastate endangered species on private lands under the Endangered Species Act (ESA), but used completely opposite reasoning to reach the same result. The 5th Circuit in GDF Realty v. Norton rejected the government's argument that the economic impact of the commercial development regulated under the statute was the appropriate focus for whether the statute has a substantial effect on interstate commerce. Instead, the 5th Circuit concluded that intrastate spiders and beetles, which have no economic value, do …
Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy
Panel: Ethical Dilemmas: Finding Common Ground On Controversial Issues, Lesley Blackner, Richard C. Foltz, Brion Blackwelder, Lisa C. Schiavinato, Alyson C. Flournoy
UF Law Faculty Publications
This panel discussion applied ethics to the theme of the 8th Annual Public Interest Environmental Conference. Panelists examined ways ethics may help reconcile industry (such as business and development) with environmentalism.
Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell
Initiatives And Conflicts In Changing Federal Facility Operation, Lawrence J. Macdonnell
Dams: Water and Power in the New West (Summer Conference, June 2-4)
18 pages.
Contains references.
A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood
A Comparison: Lessons From The Columbia Basin And The Upper Colorado Basin Fish Recovery Efforts, Mary Christina Wood
Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12)
47 pages.
Contains 5 pages of references.
Changing The River’S Course: Western Water Policy Reform, David H. Getches
Changing The River’S Course: Western Water Policy Reform, David H. Getches
Publications
Throughout the history of the West, water law and policy have had a profound influence on the environment of the region. Power production, agricultural irrigation, and economic expansion of the Columbia River Basin have depended upon the institutions of water policy, including the prior appropriation doctrine and major water development in the form of large dams and diversions. This has rendered the river incapable of sustaining the rich salmon populations that once were the mainstay of Northwest Indian culture and supported a major fishing industry. Professor Getches concludes that traditional instruments of water policy in the West--the beneficial use requirement …
Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.
Section 404: The Nasty Business Of The Clean Water Act, Oliver A. Houck
Section 404: The Nasty Business Of The Clean Water Act, Oliver A. Houck
Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)
9 pages.
Contains references.
Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.
Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.
Western Water Law in Transition (Summer Conference, June 3-5)
16 pages.
Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
57 pages.
Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.
Developments In Federal Water Policies And Programs, Harold W. Furman Ii
Developments In Federal Water Policies And Programs, Harold W. Furman Ii
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
14 pages.
Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino
Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino
The Federal Impact on State Water Rights (Summer Conference, June 11-13)
88 pages.
Contains attachments.
South Dakota And The Etsi Experience, William J. Janklow
South Dakota And The Etsi Experience, William J. Janklow
New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)
23 pages.
Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison
Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
9 pages.
Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker
Pure Water, Pure Law, And Pure Nonsense: Outline, Charles E. Corker
Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)
24 pages.