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Articles 1 - 11 of 11
Full-Text Articles in Law
What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk
What Is A Pond? Michigan Court Of Appeals Interprets “Waters Of The State” Under Michigan Law, Nick Schroeck, Justin Serk
Law Faculty Research Publications
No abstract provided.
Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston
Law And Governance Of The Great Lakes, Noah D. Hall, Benjamin C. Houston
Law Faculty Research Publications
No abstract provided.
Hydraulic Fracturing And Protection Of Freshwater Resources In The Great Lakes State, Nicholas J. Schroeck
Hydraulic Fracturing And Protection Of Freshwater Resources In The Great Lakes State, Nicholas J. Schroeck
Law Faculty Research Publications
No abstract provided.
Reforming Wto Discipline On Export Duties: Sovereignty Over Natural Resources, Economic Development And Environmental Protection, Julia Ya Qin
Law Faculty Research Publications
The current World Trade Organization (WTO) regime on export restraints comprises two extremes: at one end is the near-complete freedom to levy export duties enjoyed by most Members, which renders theWTO discipline on export restrictions largely ineffective; at the other end, the rigid obligations imposed on several acceding Members prohibiting the use of export duties for any purpose.The recent WTO ruling in China-Raw Materials has only solidified the latter extreme. This article seeks to expose the irrationality of the current regime, especially the problems created by the rigid obligations of the several acceding Members. It contends that such obligations deprive …
Asian Carp, Chicago Canal Litigation, And The Great Lakes And Mississippi River Inter‐Basin Study, Katherine Storch, Nick Schroeck
Asian Carp, Chicago Canal Litigation, And The Great Lakes And Mississippi River Inter‐Basin Study, Katherine Storch, Nick Schroeck
Law Faculty Research Publications
Over the past century the Mississippi River and Great Lakes basins have been devastated economically and ecologically by the establishment of aquatic invasive species. In the Mississippi River basin, the most extensive damage has been attributed to the presence of large populations of Asian carp. These invasive species have developed large, self‐sustaining populations because of their ability to outcompete native fish for food and habitat, which in turn impacts the balance of the ecosystem. The term “Asian carp” collectively refers to multiple species, but for our purposes Big Head and Silver carps are of the greatest immediate concern because they …
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Interstate Water Compacts And Climate Change Adaptation, Noah D. Hall
Law Faculty Research Publications
Over 95% of the available surface freshwater resources in the United States are interstate in nature and governed by interstate water compacts. These interstate compacts vary tremendously in how they allocate and manage interstate waters. Until recently, the water resources governed by interstate compacts have been relatively stable and unaffected by drastic changes in long-term weather patterns. However, within the next few decades North America is expected to experience increased regional variability in precipitation and susceptibility to drought. This article first looks at these expected changes on a macro and regional level to evaluate the increased stress on water resources …
The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall
The Centennial Of The Boundary Waters Treaty: A Century Of United States-Canadian Transboundary Water Management, Noah D. Hall
Law Faculty Research Publications
No abstract provided.
Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall, Bret B. Stuntz
Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall, Bret B. Stuntz
Law Faculty Research Publications
No abstract provided.
Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall
Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall
Law Faculty Research Publications
Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged environmental law and American federalism for over a century. While even the strongest advocates of state primacy in environmental policy concede that interstate environmental harms necessitate federal governance, federal adjudication and regulation have had only modest success in addressing the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a newframeworkfor understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall
Law Faculty Research Publications
This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …
Purpa And The Evolving Regulation Of Cogeneration--A Guide For Prospective Cogenerators Focusing On The Greater Detroit Resource Recovery Facility, John E. Mogk, Frederick J. Lepley Jr.
Purpa And The Evolving Regulation Of Cogeneration--A Guide For Prospective Cogenerators Focusing On The Greater Detroit Resource Recovery Facility, John E. Mogk, Frederick J. Lepley Jr.
Law Faculty Research Publications
No abstract provided.