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Articles 1 - 7 of 7
Full-Text Articles in Law
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs
William & Mary Environmental Law and Policy Review
It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …
When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher
When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher
Nell Green Nylen
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 …
Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus
Trading Sustainably: Critical Considerations For Local Groundwater Markets Under The Sustainable Groundwater Management Act, Nell Green Nylen, Michael Kiparsky, Kelly Archer, Kurt Schneir, Holly Doremus
Nell Green Nylen
The Sustainable Groundwater Management Act (SGMA), passed in 2014, is changing the way California manages its groundwater resources. SGMA calls for the creation of local Groundwater Sustainability Agencies (GSAs) and tasks them with developing and implementing Groundwater Sustainability Plans (GSPs) to achieve sustainable groundwater management. SGMA offers GSAs a broad palette of tools to choose from and significant flexibility to tailor their management activities to local conditions and needs. Because it allows GSAs to assign groundwater extraction allocations to pumpers and to authorize transfers of these allocations under certain circumstances, SGMA potentially opens the door for the development of local …
Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer
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.
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Public Land & Resources Law Review
In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …
Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff
Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff
William & Mary Environmental Law and Policy Review
No abstract provided.
Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom
Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom
Public Land & Resources Law Review
In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.