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Full-Text Articles in Law

Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall Mar 2008

Political Externalities, Federalism, And A Proposal For An Interstate Environmental Impact Assessment Policy, Noah D. Hall

Noah D Hall

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 done little to address the problem. This is due, in part, to a failure to fully understand the causes of interstate environmental harms. This article provides a new framework for understanding interstate environmental harms as political externalities caused by a combination of inadequate information, public process …


Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall Jan 2008

Climate Change And Great Lakes Waters Resources: Avoiding Future Conflicts With Conservation, Noah D. Hall

Noah D Hall

Despite the complexities of climatology, certain consistent themes emerge with implications for water availability: as the world gets warmer, it will experience increased regional variability in precipitation, more frequent heavy precipitation events, becoming more susceptible to drought. This article focuses on how climate change will impact Great Lakes water resources. It explores what a changing climate will mean for the Great Lakes, including possible lowering of lake levels, impacts on fisheries and wildlife, changes in Great Lakes shorelines, and reduction of groundwater supplies. Climate change will also reduce water supplies in other parts of the country, creating increased pressure to …


The Centennial Of The Boundary Waters Treaty: A Century Of United States–Canadian Transboundary Water Management, Noah D. Hall Dec 2007

The Centennial Of The Boundary Waters Treaty: A Century Of United States–Canadian Transboundary Water Management, Noah D. Hall

Noah D Hall

The Boundary Waters Treaty of 1909 has now provided the foundation for transboundary United States-Canadian water management for a century. During the one hundred years that the Boundary Waters Treaty has been in place, both the law and the world in which the law operates have changed dramatically. Some of the most relevant and significant changes have been several fold increases in population and thousand fold increases in gross domestic product in North America with correlating increased environmental impacts, the growth of international law and governance institutions, the emergence of modern environmentalism and the resulting creation of domestic and international …