Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Clean water (2)
- Administrative law (1)
- Agency capacity (1)
- American Rescue Plan Act (1)
- Clean Water Act (1)
-
- Critical materials (1)
- Critical minerals (1)
- Environmental law (1)
- Hardrock mining (1)
- Indian Health Service (1)
- Infrastructure Investment and Jobs Act (1)
- Intergovernmental coordination (1)
- Mine permitting (1)
- Mining law (1)
- NEPA (1)
- National Environmental Policy Act (1)
- Navigability (1)
- Navigable waters (1)
- Permitting reform (1)
- Public health (1)
- Public land planning and management (1)
- Tribal communities (1)
- Waters of the United States (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Unfulfilled Promise Of Indian Water Rights Settlements, Heather Tanana, Elisabeth Paxton Parker
The Unfulfilled Promise Of Indian Water Rights Settlements, Heather Tanana, Elisabeth Paxton Parker
Utah Law Faculty Scholarship
As climate change threatens an already-scarce resource, quantifying tribal water rights is critical to providing additional certainty to an uncertain future. In order to protect the future of their communities, it is critical that tribal water rights move from merely theoretical paper rights to actualized wet water rights.
Securing A Permanent Homeland: The Federal Government’S Responsibility To Provide Clean Water Access To Tribal Communities, Heather Tanana
Securing A Permanent Homeland: The Federal Government’S Responsibility To Provide Clean Water Access To Tribal Communities, Heather Tanana
Utah Law Faculty Scholarship
Water is life—critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and a ordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people—nearly 48 percent of tribal homes in Native communities across the United States—do not have access to reliable water sources, clean drinking water, or basic sanitation. In comparison, as a whole, less than 1 percent of households in the United States lack these facilities. This persistent problem became a matter of life or death during …
Proposed Allocation Of Funding From The American Rescue Plan Act, Infrastructure Investment And Jobs Act, And Build Back Better Act, Anne Castle, Heather Tanana, Jaime Garcia, Matthew Mckinney, Chelsea Colwyn, Ana Olaya, Daryl Vigil, Garrit Vogesser
Proposed Allocation Of Funding From The American Rescue Plan Act, Infrastructure Investment And Jobs Act, And Build Back Better Act, Anne Castle, Heather Tanana, Jaime Garcia, Matthew Mckinney, Chelsea Colwyn, Ana Olaya, Daryl Vigil, Garrit Vogesser
Utah Law Faculty Scholarship
The initiative on Universal Access to Clean Water for Tribal Communities strongly supports IHS’s efforts to provide clean water access and sanitation services to Tribal communities and applauds the new funding available through the Infrastructure Investment and Jobs Act. We appreciate the thoughtful approach that IHS is taking to the allocation of this funding. We want to emphasize the need to deploy this unprecedented capital infusion in a manner tailored to the specific needs of individual Tribes, in consultation with them, and in a manner that sets both the Tribes and the projects up for long term success.
A Unified Theory Of Clean Water Act Jurisdiction, Robert W. Adler
A Unified Theory Of Clean Water Act Jurisdiction, Robert W. Adler
Utah Law Faculty Scholarship
As it reaches its half century mark, the modern version of the federal Clean Water Act (CWA) remains a definitional quagmire. The U.S. Supreme Court, lower courts, and the two federal agencies charged with implementing the law have struggled to interpret its scope ever since its 1972 enactment. As a result, we still lack clarity regarding the most basic questions about the law’s reach. That causes massive uncertainty for regulated businesses and landowners, the federal and state agencies that implement the law, and members of the public Congress intended to protect. A unified interpretive approach focuses on the statutory text …
Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune
Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune
Utah Law Faculty Scholarship
The Biden Administration’s efforts to expedite a transition to clean energy have prompted calls for permit reform. Clean energy relies heavily upon critical minerals and transitioning to a clean energy economy demands a global increase in mineral production. Some commentators suggest that environmental standards must be loosened in order to achieve efficiency. This premise offers short term gain in exchange for long-term pain. It also poses a false dilemma by failing to distinguish between productive and unproductive causes of delay in the permitting process. The permit process creates opportunities to eliminate, reduce, or mitigate risks. These opportunities may cause short-term …