Law Commons^™

A Prophylactic Approach To Compact Constitutionality, Katherine Mims Crocker

Faculty Publications

From COVID-19 to climate change, immigration to health insurance, firearms control to electoral reform: state politicians have sought to address all these hot-button issues by joining forces with other states. The U.S. Constitution, however, forbids states to “enter into any Agreement or Compact” with each other “without the Consent of Congress,” a requirement that proponents of much interstate action, especially around controversial topics, would hope to circumvent.

The Supreme Court lets them do just that. By interpreting “any Agreement or Compact” so narrowly that it is difficult to see what besides otherwise unlawful coordination qualifies, the Court has essentially read …

The Lost Ones Of The Interstate Compact Of The Placement Of Children, C. Nneka Nzekwu

Hofstra Law Review

The article discusses the author's contention that the Interstate Compact for the Placement of Children (ICPC) agreement infringes upon America's best interest of the child legal standard, and it mentions a call for modifications to the ICPC statute and regulations to protect children. According to the article, the ICPC has been adopted in every American state and monitors the out-of-state placements of children in the foster care system. The legal rights of familial relatives are examined.

Multistate Export Trade Promotion Under The Export Trading Company Act Of 1982, Joseph M. Gannam

Georgia Journal of International & Comparative Law

No abstract provided.

Opinion Analysis: Bargaining In The Shadow Of Equitable Apportionment, Ryke Longest

Faculty Scholarship

No abstract provided.

Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann

Rena I. Steinzor

In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.

Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann

Faculty Scholarship

In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.

Selling State Borders, Joseph Blocher

Faculty Scholarship

Sovereign territory was bought and sold throughout much of American history, and there are good reasons to think that an interstate market for borders could help solve many contemporary economic and political problems. But no such market currently exists. Why not? And could an interstate market for sovereign territory help simplify border disputes, resolve state budget crises, respond to exogenous shocks like river accretion, and improve democratic responsiveness? Focusing on the sale of borders among American states, this Article offers constitutional, political, and ethical answers to the first question, and a qualified yes to the second.

Montana V. Wyoming: An Opportunity To Right The Course For Coalbed Methane Development And Prior Appropriation, Michelle Bryan Mudd

Golden Gate University Environmental Law Journal

Part I of this Article provides a brief background on the Yellowstone River Compact and the Montana v. Wyoming litigation. This part further explains the Special Master’s analysis of the CBM issue, as well as the Supreme Court’s recent ruling on improved irrigation efficiency. When viewed together, these decisions provide an important framework for determining how the parties’ regulation of CBM development should proceed. Part II then describes the magnitude of the CBM groundwater pumping issue and asserts that the posture of the Montana v. Wyoming case provides a unique opportunity not only to set Powder River Basin CBM development …

A Water Story With Original Jurisdiction And A Doctrine For Changing Uses, Melosa Granda

Golden Gate University Environmental Law Journal

This is a story of how two rivers in the remote reaches of Wyoming and Montana, and the underlying water, became a federal case before the United States Supreme Court. It is an account of a local water dispute whose resolution will likely impact the course of water law, and more importantly, water throughout the entire country.

Guide To Ms406 Rio Grande Compact Commission Records, Eva Ross, Claudia A. Rivers

Finding Aids

The Rio Grande Compact Commission was formed as a result of the interstate compact signed by the states of Colorado, New Mexico and Texas in 1938 and approved by Congress. The Texas commission’s goal is to implement the compact by assuring the equitable apportioning of waters from the Rio Grande Basin. The collection contains correspondence, reports, tables, maps, and photographs that reflect the activities of the Texas office of the Rio Grande Compact Commission. Past Commissioners include Frank B. Clayton, Julian P. Harrison, J. E. Quaid, Louis A. Scott, and Joe Hanson. Commissioner as of June, 2012 is Patrick Gordon

Interstate Compacts Establishing State Entitlements To Water: An Essential Part Of The Water Planning Process, Charles T. Dumars, Stephen Curtice

Oklahoma Law Review

No abstract provided.

Toward A New Horizontal Federalism: Interstate Water Management In The Great Lakes Region, Noah D. Hall

University of Colorado Law Review

This article presents a new model for environmental policy, called cooperative horizontal federalism. The cooperative horizontal federalism approach utilizes a constitutional mechanism for states to bind themselves to common substantive and procedural environmental protection standards, implemented individually with regional resources and enforcement. Here, the concept of the cooperative horizontal federalism model is illustrated through the recently proposed Great Lakes-St. Lawrence River Basin Water Resources Compact. Under this proposed compact, the eight Great Lakes states would cooperatively manage the world's largest freshwater resource under common minimum standards, which are then incorporated into state law and implemented individually. This cooperative horizontal federalism …

Conference Guidebook: Water, Climate And Uncertainty: An Introduction To The Issues, Language, Literature And The Conference Materials, Doug Kenney

Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13)

20 pages.

"Prepared as a Supplement to: Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management, Natural Resources Law Center, University of Colorado School of Law, June 11-13, 2003"

"Doug Kenney, Ph.D."

Includes bibliographical references

Contents:

Part I: What Are Climate Researchers Saying About Western Water? A Guide for Non-Scientists

Part II: What Should Climate Researchers Know About the Realm of Western Water Law, Policy and Management?

Part III: Where to Find Additional Information

The Platte River Cooperative Agreement: A Historical Perspective, Ann Salomon Bleed

Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11)

No abstract provided.

Nationalizing Lake Tahoe, Larry E. Anderson

Santa Clara Law Review

No abstract provided.

Interstate Cooperation And An Interstate Judiciary, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Ohio Valley Panorama, Albert S. Abel

West Virginia Law Review

The past and present applications of the Compact Clause of the United States Constitution have been explored elsewhere so clearly and amply that their further investigation would be unrewarding. The stated ground of decision in West Virginia ex rel. Dyer v. Sims opens up for the interstate compact a promising future as a device for co-operative government. A contrary decision would have seriously, indeed almost fatally, weakened the clause. Adoption of proposed alternative reasons could have made its strength a matter of more menace than promise. The former conclusion is fairly obvious, the latter perhaps less so. The task of …

Interstate Compacts-State Constitutions As Limitations On States' Power To Ratify Federally Approved Compacts

Indiana Law Journal

No abstract provided.

Interstate Agreements, Jo M. Ferguson

Kentucky Law Journal

No abstract provided.