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Full-Text Articles in Law
Interstate Environmental Impact Assessment, Noah D. Hall
Interstate Environmental Impact Assessment, Noah D. Hall
Noah D Hall
This article proposes a new state-based policy – interstate environmental impact assessment – that builds on the National Environmental Policy Act’s Environmental Impact Statement process to address interstate environmental harms. Interstate environmental harms, which occur when decisions or actions in one state produce negative environmental impacts in another state, have challenged American environmental law for over a century. Interstate environmental impact assessment would provide a procedural mechanism for an affected state and its citizens to influence the source state and minimize or prevent interstate environmental harms. The process itself would address the underlying problems of inadequate information, public process bias, …
The North American Great Lakes, Noah D. Hall
The North American Great Lakes, Noah D. Hall
Noah D Hall
The Great Lakes are a vast resource shared by two countries, ten states and provinces, and hundreds of Indian tribes or First Nations. They are the quintessential commons that have seen their share of tragedies. Addressing competing pressures of economic development and environmental protection is only part of the challenge. The real struggle has been governance: How is management of an international transboundary resource best accomplished under the legal and political limitations of constitutional federalism? This chapter analyses the international agreements, court decisions, interstate compacts, and federal statutes that created a transboundary water regime, considering in detail the Great Lakes– …
Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall
Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall
Noah D Hall
Throughout human history, water has defined our sense of place. American water law reflects the connections between water and local people, communities, and the environment. Against this backdrop, global water markets have developed to sell and export this increasingly precious resource. Water markets are recognized in international trade law and take many forms, from tankers of freshwater crossing the Mediterranean to bottles of spring water coming to America from distant pacific islands. While the scale of water sales and exports is still relatively small, this emerging market represents a new challenge for management of water resources. This article examines the …