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- Native American Water Rights Settlement Project (17)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (7)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (7)
- Groundwater in the West (Summer Conference, June 16-18) (6)
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- Monitoring and Protecting Groundwater During Oil and Gas Development (November 26) (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (4)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (4)
- Western Water Law in Transition (Summer Conference, June 3-5) (4)
- Coalbed Methane Development in the Intermountain West (April 4-5) (3)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (3)
- Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12) (3)
- Instream Flow Protection in the Western United States: A Practical Symposium (March 31-April 1) (3)
- Law Faculty Scholarly Articles (3)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (3)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (2)
- Best Practices for Community and Environmental Protection (October 14) (2)
- Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7) (2)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
- Human Rights Institute (2)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (2)
- Introduction to the Legal Foundation of Federal Land Management (December 1-3) (2)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (2)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (2)
- Publications (2)
- Sabin Center for Climate Change Law (2)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (2)
Articles 1 - 30 of 151
Full-Text Articles in Law
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Faculty Scholarship
Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.
Border factories and a population spike contribute to the sewage. Maquiladoras, …
Feasibility Of Development Of Flood Resiliency Clearinghouse Program, Commonwealth Center For Recurrent Flooding Resiliency, Mujde Erten-Unal, Carol Considine, Mark W. Luckenbach, Elizabeth Armistead Andrews
Feasibility Of Development Of Flood Resiliency Clearinghouse Program, Commonwealth Center For Recurrent Flooding Resiliency, Mujde Erten-Unal, Carol Considine, Mark W. Luckenbach, Elizabeth Armistead Andrews
Commonwealth Center for Recurrent Flooding Resiliency (CCRFR): Reports
[Introduction]
House Bill 2187i, introduced by Delegate Keith Hodges in the 2021 session of the Virginia General Assembly, directed the Commonwealth Center for Recurrent Flooding Resiliency (CCRFR), a partnership between Old Dominion University, the Virginia Institute of Marine Science (VIMS) and the William & Mary Law School’s Virginia Coastal Policy Center (VCPC) established by Virginia Chapter 440 of the 2016 Acts of Assembly (HB 903), to evaluate the development of a Flood Resiliency Clearinghouse Program (henceforth Clearinghouse). The bill stipulated that the Center should work with the Department of Conservation and Recreation (DCR) to evaluate solutions that manage …
Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth
Realigning The Clean Water Act: Comprehensive Treatment Of Nonpoint Source Pollution, Robin M. Rotman, Ashley A. Hollis, Kathleen M. Trauth
Faculty Publications
Nonpoint source pollution is the biggest threat to water quality in the United States today. This Article argues for stronger federal controls over nonpoint source pollution. It begins by examining the history of water quality regulation in the United States, including the passage and amendment of the Clean Water Act and the evolving definition of “navigable waters” over time. The Article then discusses recent rulemaking and litigation developments, including the Clean Water Rule, the Navigable Waters Protection Rule, and the County of Maui, Hawaii v. Hawaii Wildlife Fund case. It offers three recommendations. First, the Article calls for a congressional …
California Should Lead The Nation In Controlling Agricultural Pollution, Helen H. Kang, Deborah Sivas
California Should Lead The Nation In Controlling Agricultural Pollution, Helen H. Kang, Deborah Sivas
Publications
Agricultural runoff is one of the largest sources of pollution in the nation’s waterways. In recent years, scientific journals and the media have been filled with reports of toxic algae blooms and dead zones near and far: The Everglades, Great Lakes, Gulf of Mexico, Chesapeake Bay, and San Francisco Bay-Delta. Agricultural pollution also threatens public health in communities that rely on tainted groundwater. In California alone, more than a quarter million residents in largely agricultural areas are served by water systems with degraded groundwater quality.
Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni
Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni
Virginia Coastal Policy Center
Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …
Water Resilience Portfolio, January 2020, California Natural Resources Agency, California Environmental Protection Agency, California Department Of Food And Agriculture
Water Resilience Portfolio, January 2020, California Natural Resources Agency, California Environmental Protection Agency, California Department Of Food And Agriculture
California Agencies
In April 2019, Governor Newsom directed state agencies through Executive Order N-10-19 to develop a “water resilience portfolio,” described as a set of actions to meet California’s water needs through the 21st century. The order identified seven principles on which to base this portfolio:
- Prioritize multi-benefit approaches that meet several needs at once » Utilize natural infrastructure such as forests and floodplains
- Embrace innovation and new technologies
- Encourage regional approaches among water users sharing watersheds
- Incorporate successful approaches from other parts of the world
- Integrate investments, policies, and programs across state government
- Strengthen partnerships with local, federal and tribal governments, …
Balancing Act: Water Quality Protection And Flood Resilience, Samatha Becker
Balancing Act: Water Quality Protection And Flood Resilience, Samatha Becker
Virginia Coastal Policy Center
Flood resilience efforts and laws designed to protect water quality may not always be compatible under current Virginia law. This paper will discuss two examples in particular. First, there can be tensions between the water quality goals under the Chesapeake Bay Preservation Act and efforts to conduct flood resilience projects within 100 feet of the shoreline in Tidewater Virginia. Second, there are significant challenges faced by localities seeking to comply with the Virginia Stormwater Management Program, while also continuing to mitigate the impacts of flooding. These two examples stem from the larger question facing Virginia: as flooding increases, how does …
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In 1861, the Ohio Supreme Court adopted the Absolute Use Rule to govern groundwater, essentially allowing landowners its unencumbered use. The opinion noted that the behavior of subterranean water was “occult and mysterious” and that it was beyond the competence of judges to determine its appropriate use. The Ohio court reversed course in 1984 and adopted the Reasonable Use Rule. By then, scientific knowledge had advanced to the point that the interconnected movement of water was more readily discoverable. The court noted that a primary goal of water law should be to conform to hydrologic fact. This Article explores the …
Red Mining: Mining And The Right To Water In Porgera, Papua New Guinea, Human Rights Institute, Earth Institute
Red Mining: Mining And The Right To Water In Porgera, Papua New Guinea, Human Rights Institute, Earth Institute
Human Rights Institute
An interdisciplinary study of the human right to water in the villages near the Porgera Joint Venture (PJV) gold mine in Papua New Guinea (PNG) finds that local residents do not have consistent access to sufficient, acceptable, and safe water, or adequate information about their water resources. It concludes that the PNG government and the mining companies Barrick Gold and Zijin Mining, as well as their jointly controlled operator of the mine, Barrick (Niugini) Limited (BNL), can do more to meet their human rights obligations and responsibilities.
Safe Drinking Water In The U.S.: A Prediction Of When The Entire U.S. Population Will Have Access To Safe Drinking Water, Blossom Hamika, Haley Merrill, Zoyla Orellana
Safe Drinking Water In The U.S.: A Prediction Of When The Entire U.S. Population Will Have Access To Safe Drinking Water, Blossom Hamika, Haley Merrill, Zoyla Orellana
Math 365 Class Projects
This research is to show when all of the U.S. will have access to safe drinking water.
Using Eias In Our Research, Madison E. Condon
Using Eias In Our Research, Madison E. Condon
Sabin Center for Climate Change Law
A description of how researchers at the Columbia Water Center use environmental impact assessments in their research projects.
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Slides: Data Sharing And River Basin Modelling: From The Colorado To The Nile, Kevin Wheeler
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Kevin Wheeler, University of Oxford
29 slides
Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme
Slides: Environmental Flows In The Era Of 'River Anthropology', Rebecca Tharme
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Rebecca Tharme, Riverfutures Ltd.
18 slides
Slides: Environmental Flow Case Studies: Southern And Eastern Africa, Rebecca Tharme, Kelly Fouchy, Susan Graas, John Conallin, Michael Mcclain, Unesco-Ihe, Felister Mombo, Sokoine University Of Agriculture
Slides: Environmental Flow Case Studies: Southern And Eastern Africa, Rebecca Tharme, Kelly Fouchy, Susan Graas, John Conallin, Michael Mcclain, Unesco-Ihe, Felister Mombo, Sokoine University Of Agriculture
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Rebecca Tharme, Riverfutures Ltd.
17 slides
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Slides: Policy Framework: Fpwec: First Peoples' Water Engagement Council, Phil Duncan, First Peoples' Water Engagement Council
Indigenous Water Justice Symposium (June 6)
Presenter: Phil Duncan, Gomeroi Nation, New South Wales Aboriginal Land Council
25 slides
Conga No Va: An Assessment Of The Conga Mining Project In Light Of World Bank Standards, Inter-Institutional Platform Of Celendín, The Unified Rondas Of The Province Of Celendín, The Frente De Defensa Of The Jadibamba River Basin, The Frente De Defensa Of The District Of Huasmín, The Frente De Defensa Of The Centro Poblado Of Jeréz, The Frente De Defensa Of The District Of Sorochuco, The Frente De Defensa Of The Interests Of The Province Of Hualgayoc - Bambamarca, Human Rights Clinic
Conga No Va: An Assessment Of The Conga Mining Project In Light Of World Bank Standards, Inter-Institutional Platform Of Celendín, The Unified Rondas Of The Province Of Celendín, The Frente De Defensa Of The Jadibamba River Basin, The Frente De Defensa Of The District Of Huasmín, The Frente De Defensa Of The Centro Poblado Of Jeréz, The Frente De Defensa Of The District Of Sorochuco, The Frente De Defensa Of The Interests Of The Province Of Hualgayoc - Bambamarca, Human Rights Clinic
Human Rights Institute
The social organizations issuing this report are a coalition of groups from the provinces of Hualgayoc and Celendín in the region of Cajamarca, Peru. We have come together to present our assessment of the social and environmental risks of the proposed Conga gold and copper mining project in light of the Performance Standards of the International Finance Corporation (IFC) of the World Bank Group. We work to promote human rights and the protection of the environment, collectively representing the interests and positions of thousands of individuals and dozens of communities that would be impacted by the project.
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Slides: Water Planning In California: Past, Present, Future, Ellen Hanak
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Ellen Hanak, Senior Fellow and Director, PPIC Water Policy Center, Public Policy Institute of California
13 slides
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Slides: Perspectives On Water Management In Arizona, Kathy Jacobs
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Kathy Jacobs, Director, Center for Climate Adaptation Science and Solutions (CCASS), Department of Soil, Water and Environmental Science, University of Arizona
25 slides
Slides: Colorado's Water Plan, Lauren Ris
Slides: Colorado's Water Plan, Lauren Ris
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Lauren Ris, Assistant Director for Water, Colorado Department of Natural Resources
23 slides
Legal Tools For Climate Adaptation Advocacy: Clean Water Act Permitting And Funding Programs, Channing R. Jones
Legal Tools For Climate Adaptation Advocacy: Clean Water Act Permitting And Funding Programs, Channing R. Jones
Sabin Center for Climate Change Law
Climate change imperils the quality of water resources and aquatic ecosystems by introducing or exacerbating supply challenges and pollution threats. Existing legal frameworks, including permitting and grant programs, can incorporate climate change adaptation into the way we protect water. In particular, the Clean Water Act – the primary tool used nationwide to protect surface waters from pollutant discharges and fill activity – can be used to promote climate change adaptation in a number of ways.
The Clean Water Act was enacted in 1972 and amended in 1977 and 1987. The statute is principally administered by the U.S. Environmental Protection Agency, …
Slides: What We Know (And Don’T Know) About The Effects Of Oil And Gas Development On Water Quality, Joseph N. Ryan
Slides: What We Know (And Don’T Know) About The Effects Of Oil And Gas Development On Water Quality, Joseph N. Ryan
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Prof. Joe Ryan, University of Colorado Boulder, Environmental Engineering, AirWaterGas Sustainability Research Network, www.airwatergas.org
28 slides
Slides: Produced Water – Beneficial Reuse, Cabell Hodge
Slides: Produced Water – Beneficial Reuse, Cabell Hodge
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Cabell Hodge, Policy, Regulation, and Emerging Markets Manager, Colorado Energy Office
12 slides
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Laura Belanger, P.E., Water Resources Engineer, Western Resource Advocates
14 slides
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.
This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Slides: Is There A Dust Bowl In Our Future?: Projections For The Eastern Rockies And Central Great Plains, Dennis Ojima
Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)
Presenter: Dennis Ojima, Senior Research Scientist, Natural Resource Ecology Laboratory, Colorado State University (NREL/CSU)
30 slides
Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy
Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy
Law Student Publications
This comment argues for more political accountability and more scientific consideration when addressing water quality. It begins, in Section I, with an overview of the Clean Water Act, its distinction between point and nonpoint sources, and the connection between nonpoint source pollution, water use, and land use. Section II considers the tension between beneficial uses and environmental degradation by taking a look at a dramatic example of hydrologic modification. 5 Section III considers an effluent dominated waterbody-the Los Angeles River-and the difficulties that regulating point sources to the river presents. Finally, Section IV suggests a different approach-one that is modeled …
Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones
Collaborating To Nowhere: The Imperative Of Government Accountability For Restoring The Chesapeake Bay, Rena I. Steinzor, Shana Jones
Faculty Scholarship
This Article opens with an analysis of why the Chesapeake Bay Program will repeat its past failures unless a reliable mechanism for ensuring accountability is created. It then explains how the independent evaluator should be constructed to make possible the overall success of Bay restoration. Finally, it closes with a rebuttal of the arguments in favor of self--auditing and against independent review.
Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein
Comment: Emerging Epa Regulation Of Pharmaceuticals In The Environment, Gabriel Eckstein
Faculty Scholarship
The May 25, 2012, report — entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal — disapproved of EPA’s lack of progress in determining whether certain pharmaceuticals found in surface, ground, and drinking water qualify as hazardous waste, as well as in establishing an evaluation and regulatory process for pharmaceutical wastes. As a result of the report, EPA is now considering mechanisms for assessing and regulating the presence of certain pharmaceutical products in the environment as hazardous wastes under the Resource Conservation and Recovery Act.
Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams
Slides: Routes To Sustainability: Natural Gas Development And Air And Water Resources In The Rocky Mountain Region, Mark Williams
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Mark Williams, University of Colorado Boulder
14 slides