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Articles 1 - 30 of 48
Full-Text Articles in Law
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Chicago-Kent Law Review
The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …
Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel
Discrimination In The Marcellus Shale: The Dormant Commerce Clause And Hydraulic Fracturing Waste Disposal, Eric Michel
Chicago-Kent Law Review
The environmentally controversial process of hydraulic fracturing (commonly referred to as "fracking") has led to a recent explosion in the supply and sale of natural gas in the United States. However, every fracking operation creates a sizable amount of toxic wastewater that requires disposal, and drillers in Pennsylvania have increasingly been shipping their waste across the border to Ohio because of Pennsylvania's inadequate internal disposal options. In response, Ohio has passed legislation that taxes out-of-state fracking waste at a greater rate than waste derived from natural gas drilling within its borders. This Note examines whether Ohio's taxing scheme violates the …
United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock
United States Flood Control Policy: The Incomplete Transition From The Illusion Of Total Protection To Risk Management, A. Dan Tarlock
All Faculty Scholarship
Until the mid-twentieth century, the story of modern flood control was the transition from adaptation to the inevitable to an expectation that government would provide maximum flood prevention and generous post-disaster relief for floodplain dwellers. For the last sixty years or so, the story has been the growing recognition, especially as the understanding of climate change has increased, that the goal of maximum protection is unobtainable because flood damage is an inevitable risk that can only be managed, but never totally avoided. Thus, we are now making the transition to the idea that we must manage floodplains through a combination …
Takings, Water Rights, And Climate Change, A. Dan Tarlock
Takings, Water Rights, And Climate Change, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Worthy Of Their Name? Addressing Aquatic Nuisance Species With Common Law Public Nuisance Claims, Christopher Grubb
Worthy Of Their Name? Addressing Aquatic Nuisance Species With Common Law Public Nuisance Claims, Christopher Grubb
Chicago-Kent Law Review
Aquatic invasive species like the Asian carp and zebra mussel have caused grave ecological and economic harm across the United States, and frequently harm rights common to the public such as boating, fishing, and bathing. Yet, Congress' efforts to address the problem through legislation have been piecemeal and unsuccessful. Historically, the common law of public nuisance served as an important tool to remedy transboundary pollution. More recently, courts have established that such public nuisance claims will be displaced where Congress has comprehensively regulated in a field. This Note explores whether public nuisance claims involving aquatic invasive species should be displaced …
The Legal-Political Barriers To Ramping Up Hydro (Symposium), A. Dan Tarlock
The Legal-Political Barriers To Ramping Up Hydro (Symposium), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
The Legal-Political Barriers To Ramping Up To Hydro, Dan Tarlock
Chicago-Kent Law Review
Hydroelectric energy is the oldest major source of non-carbon, renewable energy and is the only conventional renewable resource in the current energy mix. Increased hydro capacity would seem to be a key element of any United States energy policy designed to promote the greater use of renewable resources. However, for several decades hydro has been perceived as a mature, fully developed technology. This article argues that any effort to stimulate substantial new hydro capacity will face a series of environmental legal and policy constraints. Efforts to adapt to global climate change will further complicate efforts to increase hydro electric generation. …
The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock
The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock
All Faculty Scholarship
The 1909 Boundary Waters Treaty (Treaty) is a model of, international water resources cooperation because it provides a permanent dispute mechanism, the six member International Joint Commission (IJC). Thus, both Canada and the United States have much to celebrate on the 100th anniversary of the Treaty. However, the most interesting aspect of the Treaty is the regime's ability to evolve through state practice beyond its original dispute resolution function, despite the inconsistent support for IJC involvement in transboundary water issues of the United States. The Treaty has been severely criticized by governments and non-governmental organizations (NGOs), especially in, Canada, for …
Water Security, Fear Mitigation And International Water Law (Symposium), A. Dan Tarlock
Water Security, Fear Mitigation And International Water Law (Symposium), A. Dan Tarlock
All Faculty Scholarship
Water lawyers, courts, and others in the water community are fond of quoting the quip attributed to Mark Twain, "whiskey is for drinking and water is for fighting over." Not only is there no evidence that Twain ever uttered these words, but the quote has taken on a life of its own which grossly distorts the nature of water competition disputes, especially state to state competition. Both whiskey and water are for human benefit and exist in sufficient quantities throughout the world to satisfy present and future demand. Meeting these demands will be challenging because water must be managed to …
Ecosystem Services In The Klamath Basin: Battlefield Casualties Or The Future?, A. Dan Tarlock
Ecosystem Services In The Klamath Basin: Battlefield Casualties Or The Future?, A. Dan Tarlock
All Faculty Scholarship
The Upper Klamath Basin in southern Oregon and northern California has long been characterized by its aridity, remoteness from population centers, and short growing season. Today, the entire Klamath Basin is known for the intensity and bitterness of the competing demands for its limited, dependable water supplies. The Upper Basin irrigation community's entrenched water entitlements, enjoyed undisturbed for a century, are being challenged by Indian tribes, government and non-governmental entities acting to enforce the Endangered Species Act (ESA), and Lower Basin fishing communities. Over a century of intensive upstream irrigation diversions and dams has produced a highly stressed ecosystem from …
Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock
Are Shared Benefits Of International Waters An Equitable Apportionment? (With P. Wouters), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
The Great Lakes As An Environmental Heritage Of Humankind: An International Law Perspective, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
Five Views Of The Great Lakes And Why They Might Matter, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
Western Growth And Sustainable Water Use: If There Are No "Natural Limits" Should We Worry About Water Supplies? (With S. Van De Wetering), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
The Law Of Later-Developing Riparian States: The Case Of Afghanistan, (With J. Mcmurray), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Is Fifra Enough Regulation? Failure To Obtain A Npdes Permit For Pesticide Applications May Violate The Clean Water Act, Rebecca E. Leintz
Is Fifra Enough Regulation? Failure To Obtain A Npdes Permit For Pesticide Applications May Violate The Clean Water Act, Rebecca E. Leintz
Chicago-Kent Law Review
In the summer of 1999, West Nile Virus, a mosquito-borne illness, appeared in the eastern United States and has since worked its way across the country. Thousands have been infected, and hundreds have died from the virus. Communities, struggling to protect their residents, have often been forced to employ widespread pesticide spraying to stop the virus' spread. Citizens and environmental groups, however, have expressed concern that pesticide spraying is damaging to the environment and contend that the law has been broken. They argue that when these pesticides are deposited onto water bodies, without first obtaining a permit, there is a …
A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock
A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock
A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock
Water Supply And Urban Growth In New Mexico: Same Old, Same Old Or A New Era?, (With L. Lucero), A. Dan Tarlock
All Faculty Scholarship
New Mexico and other arid western states face the following dilemma: Rapid urban growth and the increasing demand for the dedication of water to aquatic ecosystem services are placing new stresses on the ability of available water supplies to support these new demands at a time when a coherent federal supply and water policy no longer exists and states have been slow to fill the vacuum. The answer to the increasing demand for water is no longer simply to augment supply through new diversions, high-capacity wells, or the construction of large storage reservoirs. Instead, in today's increasingly unmediated, competitive water …
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock
Fish, Farms, And The Clash Of Cultures In The Klamath Basin, (With H. Doremus), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock
Connecting Land, Water, And Growth (With L. Lucero), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Future Of Prior Appropriation In The West, A. Dan Tarlock
The Future Of Prior Appropriation In The West, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock
The Potential Role Of Local Governments In Watershed Management, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Reconnecting Property Rights To Watersheds, A. Dan Tarlock
Reconnecting Property Rights To Watersheds, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock
Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock
Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock
The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock
Safe Drinking Water: A Federalism Perspective, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Missouri River: The Paradox Of Conflict Without Scarcity, A. Dan Tarlock
The Missouri River: The Paradox Of Conflict Without Scarcity, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.