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Full-Text Articles in Law
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Pace Environmental Law Review
The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …
Farming The Ocean, Ann Powers
Farming The Ocean, Ann Powers
Elisabeth Haub School of Law Faculty Publications
Was that salmon you ate for lunch caught in the wild, chill waters of the North Atlantic? What about the mussels you had last night? Did they arrive on your table through traditional capture techniques, or were they a product of the fish-farming industry? And if so, does it matter? What else in your daily life might be a result of deliberate culture of once wild species? Protein in your pet's food, gel in your toothpaste and cosmetics, thickener in your pasta sauce, the seaweed in your sushi? For the most part we pay little attention to where our foods …
Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn
Doing Water Quality Credit Trading Right, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller
The Supreme Court's Water Pollution Jurisprudence: Is The Court All Wet?, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Part I of this article sets the stage with a brief survey of federal water pollution control, focusing on the CWA. Part II examines statistical conclusions and inferences from a cursory review of the Court's CWA opinions. Part III examines some of the opinions in a more qualitative manner to determine whether the statistical conclusions withstand analysis and whether the Court understands the CWA. The latter determination requires examining the nature and severity of the Court's misinterpretations of the statute. Part IV examines the Court's decisions with anti-environmental results to determine whether they reflect an anti-environmental bias or the other …
Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn
Water Quality Trading: Bringing Market Forces To Bear In Watersheds, Alexandra Dapolito Dunn
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Gwaltney Of Smithfield Revisited, Ann Powers
Gwaltney Of Smithfield Revisited, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article returns to the earlier Gwaltney decision, looking both to the text of the Gwaltney opinion, and to internal memoranda demonstrating the debate which occurred among the justices themselves over the nature of the beast with which they were dealing: a confusing mixture of subject matter jurisdiction, substantive cause of action and constitutionally based standing requirements. This review leads to the conclusion that the opinion's lack of analytical clarity, which created substantial confusion for courts and litigants, could have been avoided by a more carefully reasoned work based on the Court's internal discussions. Further, the Court's decision in Steel …
Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers
Reducing Nitrogen Pollution On Long Island Sound: Is There A Place For Pollutant Trading?, Ann Powers
Elisabeth Haub School of Law Faculty Publications
The purpose of this article is to examine the legal adequacy of proposals now under consideration for a nitrogen trading program on Long Island Sound, and to assess the likelihood of success in light of the experience with other trading programs, both for water and air pollution. Part I outlines the current environmental condition of Long Island Sound and explains the factors which have led proponents of trading to believe such a program could be effective. In Part II we consider the essential elements of a trading program, and the lessons to be learned from the Clean Air Act programs. …
Drinking Water Regulation, Nicholas A. Robinson
Drinking Water Regulation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
As 1974 drew to a close, President Ford signed legislation extending federal jurisdiction into a new realm: the quality of public drinking water supplies. This Safe Drinking Water Act is an interesting piece of legislation. It probably will become one more bit of data for the MOLDS System, and the Act, fortunately, has provisions which meet some of the criteria which Luther Avery set forth. Before describing the Act, I want to present a few statistics and background facts about this innocent bit of H2O.