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Articles 1 - 15 of 15

Full-Text Articles in Law

Environmental Law, Brooks Meredith Smith, Andrea West Wortzel Nov 2007

Environmental Law, Brooks Meredith Smith, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.


Introduction, G. Emlen Hall Oct 2007

Introduction, G. Emlen Hall

Natural Resources Journal

No abstract provided.


'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim Oct 2007

'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim

Natural Resources Journal

No abstract provided.


United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles Oct 2007

United States Supreme Court Rules Epa Must Take Action On Greenhouse Gas Emissions: Massachusetts V. Epa, Saillan De Charles

Natural Resources Journal

No abstract provided.


Murky Waters: Courts Should Hold That The "Any-Progress-Is-Sufficient-Progress" Approach To Tmdl Development Under Section 303(D) Of The Clean Water Act Is Arbitrary And Capricious, Kelly Seaburg Aug 2007

Murky Waters: Courts Should Hold That The "Any-Progress-Is-Sufficient-Progress" Approach To Tmdl Development Under Section 303(D) Of The Clean Water Act Is Arbitrary And Capricious, Kelly Seaburg

Washington Law Review

Congress enacted the 1972 Amendments to the Clean Water Act (CWA) to combat water pollution stemming from both discrete and diffuse sources. Section 303(d) of the CWA reduces both types of pollution by requiring each state to promulgate "total maximum daily loads" (TMDLs) of pollutants for all waters that are unable to meet water quality standards. A TMDL is the maximum amount of a pollutant that can be discharged from all combined sources into a given body of water if that water is going to comply with water quality standards. Although section 303(d) required states to promulgate TMDLs by 1979, …


International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna Jul 2007

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

University of Michigan Journal of Law Reform

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding-the proposed new compact because it has not yet been ratified by any State nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart from …


The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock Jul 2007

The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock

University of Michigan Journal of Law Reform

Since 1985, the eight Great Lakes states and the Canadian provinces of Ontario and Quebec have cooperated to prevent almost all diversions of water from the Great Lakes basin. In 2005, the eight states signed an Agreement to create a tiered system of reviews for diversions and a draft interstate Compact, which creates a binding process to regulate diversions. This cooperation is primarily a state initiative, supported by the federal governments in both countries, which has paid little attention to the international character of the lakes. This Essay argues that there are three major benefits to the region from the …


Transferring Water In The American West: 1987-2005, Jedidiah Brewer, Robert Glennon, Alan Ker, Gary Libecap Jul 2007

Transferring Water In The American West: 1987-2005, Jedidiah Brewer, Robert Glennon, Alan Ker, Gary Libecap

University of Michigan Journal of Law Reform

Rising urban and environmental demand for water has created growing pressure to re-allocate water from traditional agricultural uses. Water markets are powerful institutions for facilitating this re-allocation, yet the evolution of water markets has been more complicated than those for other resources. In this paper, we set the context for water marketing with an overview of western water law that highlights unique aspects of water law that affect how or whether a water market can develop. Second, we present new, comprehensive data on the extent, nature, and timing of water transfers across 12 western states from 1987-2005. We describe the …


Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller Apr 2007

Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller

William & Mary Environmental Law and Policy Review

No abstract provided.


Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based Vs. Cooperative Enforcement, Robert L. Glicksman, Dietrich H. Earnhart Apr 2007

Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based Vs. Cooperative Enforcement, Robert L. Glicksman, Dietrich H. Earnhart

William & Mary Environmental Law and Policy Review

For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws: the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of enforcement. They regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their regulatory obligations. Proponents of …


Wetlands Mitigation: Retroactive Application Of Clean Water Act Requirements To Property Destroyed By Natural Disasters, John Stapleford Apr 2007

Wetlands Mitigation: Retroactive Application Of Clean Water Act Requirements To Property Destroyed By Natural Disasters, John Stapleford

William & Mary Environmental Law and Policy Review

No abstract provided.


Introduction, G. Emlen Hall Mar 2007

Introduction, G. Emlen Hall

Natural Resources Journal

No abstract provided.


Joe Stell's Life, Career, & Contributions, Susan Kelly Jan 2007

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …


From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker Jan 2007

From Martz To The Twenty-First Century: A Half- Century Of Natural Resources Law Casebooks And Pedagogy, Michael C. Blumm, David H. Becker

University of Colorado Law Review

Clyde Martz published the first natural resources law casebook in 1951, combining the previously discrete subjects of water law, mining law, and oil and gas law. Martz relied almost exclusively on case excerpts and emphasized the creation of private rights in natural resources. Over the nexthalf century, through several generations of casebooks, the natural resources course developed in response to the rise of the environmental movement and a series of energy crises. This article traces the evolution of the natural resources law casebooks from Martz's pioneering effort through several generations of texts to a new generation of casebooks that has …


From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond Jan 2007

From Walden To Wall Street: Frontiers Of Conservation Finance, Edited By James N. Levitt, Patrick J. Redmond

Natural Resources Journal

No abstract provided.