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Full-Text Articles in Law

Arizona V. Navajo Nation: How The Supreme Court Decision Will Change The Trust Relationship, Kegan Peters Jun 2024

Arizona V. Navajo Nation: How The Supreme Court Decision Will Change The Trust Relationship, Kegan Peters

Fordham Environmental Law Review

Abstract: The United States holds hundreds of millions of dollars of assets in trust for federal Indian tribes. Tribes have always had the power to bring suit when the United States mismanages those assets. Historically, tribes have identified either pervasive federal control of those assets or a specific “rights-creating or duty-imposing” textual provision as the cause of action for their breach-of-trust claims. Further, tribes have invoked either the Tucker Act or the Administrative Procedure Act as their waiver of sovereign immunity. This Note provides an empirical look at how the lines of cases under the Tucker Act and the Administrative …


Sackett V. Environmental Protection Agency, Meridian Wappett Feb 2024

Sackett V. Environmental Protection Agency, Meridian Wappett

Public Land & Resources Law Review

In 2007, the Sacketts began developing a property a few hundred feet from Priest Lake in Northern Idaho by filling their lot with gravel. The EPA determined the lot constituted a federally protected wetland under the WOTUS definition because the lot was near a ditch that fed into a creek flowing into Priest Lake, a navigable intrastate lake. The EPA halted the construction. The Sacketts sued the EPA, arguing the CWA did not apply to their property. The Supreme Court held that the CWA did not apply to the Sacketts property because the CWA only covers wetlands and streams that …


Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization, Jenna Beasley Jan 2024

Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization, Jenna Beasley

Emory International Law Review

No abstract provided.


Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser Dec 2023

Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser

American Indian Law Journal

No abstract provided.


Fostering Resilience Within Ecological Civilization: Contributions Of Environmental Law, Nicholas A. Robinson Jul 2023

Fostering Resilience Within Ecological Civilization: Contributions Of Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

My presentation will examine water, to illustrate the questions that Ecological Civilization presents. I shall address five points: (1) Often proposals for attaining Ecological Civilization raise issues relevant to environmental law, but do not examine the roles that environmental law can serve; (2) environmental law is essential to resolving unsustainable water management issues; (3) scientific studies indicate that trends in global environmental degradation limit the time available for implementing reforms to attain Ecological Civilization; (4) environmental legal systems for environmental impact assessment (EIA) can accelerate efforts to attain Ecological Civilization; and (5) For Ecological Civilization to ensure a firm foundation …


Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law Feb 2023

Law Library Blog (February 2023): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Beyond All Drought: Improving Urban Water Conservation In The West Through Integrative Water And Land Use Policy, Benjamin Longbottom, Alexandria Gordon Jan 2023

Beyond All Drought: Improving Urban Water Conservation In The West Through Integrative Water And Land Use Policy, Benjamin Longbottom, Alexandria Gordon

Natural Resources Journal

Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other states, however, water and land use policies are lagging decades behind. Improving water security in western cities is an enormous task, requiring extensive social, legal, and policy reform. Additional federal funding for western water security initiatives could do much to drive that reform, but state and local governments should also play a leading …


Evidence Based Policy Research For Contributing To Sustainable Development, Harini Santhanam Nov 2022

Evidence Based Policy Research For Contributing To Sustainable Development, Harini Santhanam

Interdisciplinary Collection

In the modern era, people, infrastructure and governance are three pillars of development, and the emphasis is on building the capacity through innovation through disciplinary knowledge and analytical skills. The research objective of the Department of Public Policy is to develop competencies which empower researchers to challenge the real-world complexities of policies and their making in an appropriate and acceptable way in the society. Within the domain of targeted policy research, the current focus is on evidence-based policy research across diverse disciplines. Within a multi-disciplinary and trans-disciplinary involving the sciences, technology, social sciences, economics and governance, policy-based research pave the …


Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop Oct 2022

Something Stinks: The Need For Stronger Agricultural Waste Regulations, Audrey Curelop

Washington and Lee Law Review

In the twentieth century, the American agricultural industry underwent significant changes—while most food animals were once raised on small family farms, now, over fifty percent are produced entirely inside concentrated animal feeding operations. These large‑scale farming operations house hundreds to thousands of cows, swine, or chickens, which collectively produce hundreds of millions of tons of waste per year. The primary method of waste disposal is land application, a process in which waste is sprayed or spread onto land with no required pretreatment. After land application, waste byproducts make their way into the surrounding air and waterways, posing significant threats to …


Regulation Weakness And Lack Of Public Awareness Has Impeded The Implementation Of Environmental Policies In Saudi Arabia, Nada Gurmalla Algamdy Sep 2022

Regulation Weakness And Lack Of Public Awareness Has Impeded The Implementation Of Environmental Policies In Saudi Arabia, Nada Gurmalla Algamdy

Dissertations & Theses

This research aimed to substantially illustrate that the weakness of environmental regulations and lack of public participation in urban planning alongside poor public awareness in Saudi Arabia has inhibited the implementation of environmental policies across this region. To study these issues, this research compared the Kingdom of Saudi Arabia (“KSA”) to the United States (“US”) building on numerous studies to illustrate how the identified weaknesses correlate with weak or ineffective environmental policies. It is well known that it would be better to use a European country “because it's known that the EU has tough environmental measures" as a model for …


Climate Gentrification: An Imminent Threat To Oceanfront Cities, Marcel Apple Mar 2022

Climate Gentrification: An Imminent Threat To Oceanfront Cities, Marcel Apple

Sustainable Development Law & Policy

Overview

Traditionally, gentrification occurs when real estate prices appreciate, leading to significant cultural change in low-income communities and involuntary displacement of low-income residents. In recent years, Miami, Florida is beginning to feel the impacts of “climate gentrification.” High-income buyers, who historically develop property close to the ocean, are affected by rising sea levels and increasingly look inland to develop areas on higher ground. The influx of real estate investments in these is expected to lead to spiking home prices and property taxes, forcing many longtime community members to abandon their homes.

Homeowners in these communities already report approaches from developers …


Addressing Interstate Ground Water Ownership: Mississippi V. Tennessee, Alec Sweet Feb 2022

Addressing Interstate Ground Water Ownership: Mississippi V. Tennessee, Alec Sweet

Duke Journal of Constitutional Law & Public Policy Sidebar

Contemporaneous with significant climate change and heightened environmental concerns, the Supreme Court has seen an increasing number of water-related lawsuits between states. These lawsuits include disputes over water storage and water compacts as well as disputes over water usage affecting aquaculture. Scientists predict that in the future, the United States could face rising temperatures, droughts, and natural disasters. If states cannot cooperate to conserve the water they share, these catastrophes could cause immense suffering and numerous conflicts between states. The Supreme Court needs a consistent doctrine to apply in water disputes.

In prior disputes over surface water, the Court has …


Law School News: The Dean Meets The Governor 01-26-2022, Michael M. Bowden Jan 2022

Law School News: The Dean Meets The Governor 01-26-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Borders And Water Conflicts: Mitigating Conflicts With Love And Cooperation, Peter J. Longo, Anthony B. Schutz, James M. Scott Jan 2022

Borders And Water Conflicts: Mitigating Conflicts With Love And Cooperation, Peter J. Longo, Anthony B. Schutz, James M. Scott

Natural Resources Journal

Borders are political constructs, not constructs derived from laws of nature. Borders carry more potential for conflict than any other matter in political relations. In international relations, wars have been fought over borders and territory. But, territory does not necessarily entail a dispute about the geographic location of a border. Trans-boundary natural resources disputes emerge because the laws of nature do not bend to this peculiar human construct. As much can be seen in international and intra-state water conflicts, where political boundaries provide individuals with a tribal identity that eclipses the power of natural resources to tie people together in …


The Plight Of Western Rivers, W. Howard Brandenburg Jan 2022

The Plight Of Western Rivers, W. Howard Brandenburg

Natural Resources Journal

My oil paintings weave a narrative about the human species. I am interested in the space where our proliferation infringes upon ecosystem function. I am fascinated in what makes our species so successful and what that success means for the balance of nature. My paintings often target concepts around environmental transformations attributed to human activities and economies. Visual art provides me the latitude and freedom to explore and communicate these concepts, using a visual language which conveys disparate perspectives; universally and individualistically.

This duality is what I strive for in my work; producing an image that not only speaks a …


Meeting Water Affordability Challenges In The Era Of The Unexpected, Amy Hardberger Jan 2022

Meeting Water Affordability Challenges In The Era Of The Unexpected, Amy Hardberger

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Thirsty Places, Priya Baskaran Oct 2021

Thirsty Places, Priya Baskaran

Utah Law Review

The United States, among the wealthiest and most prosperous nations in the world, regularly fails to provide clean, potable water to many of its citizens. Recent water crises occur within communities categorized as Geographically Disadvantaged Spaces (“GDS”), which often encompass urban and rural areas. What is more, people of color and economically vulnerable populations are often located within GDS, disproportionately burdening these groups with the economic and public health consequences of failing water infrastructure. This Article provides a novel, comparative analysis of communities lacking potable water in Flint, Michigan, and southern West Virginia. This analysis highlights entrenched structural problems present …


Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani Jul 2021

Tinjauan Pengusahaan Air Dalam Pembangunan Plta Menurut Peraturan Perundang-Undangan Tentang Sumber Daya Air, Cerli Febri Ramadani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Changes in regulations regarding water exploitation have occurred in Indonesia and there are many rejections from various parties, namely when the Act No. 7/2004 on Water Resources changed the conception of state control over water resources to management by the private. That is what makes Act No. 7/2004 filed a judicial riview lawsuit to the Constitutional Court, and the end of the COURT's decision to repeal Act No. 7/2004 and re-enact Act No. 11/ 1974 About Watering. Which in Act No. 11/1974 adheres to the principle of joint ventures and family. In 2019 then, the government established a new regulation, …


The International Protection Of Water And Water Resources In Times Of Armed Conflict, Rokaya Awasharih Feb 2021

The International Protection Of Water And Water Resources In Times Of Armed Conflict, Rokaya Awasharih

UAEU Law Journal

International and non- international armed conflicts have witnessed the use of water as a weapon in order to reverse the battle balance by combating parties. Aggressive acts were turned towards water resources and its equipment. Therefore, dams, water reservoirs, and energy generation centres were attacked. Besides water resources were poisoned by throwing cadavers in rivers and lakes which has led to a number of dead. This latter has surpassed the one killed in fighting acts.

So we will try through this study to shed light on the protection systems designed for water and water resources during armed conflict. We will …


Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone Jan 2021

Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone

American University International Law Review

No abstract provided.


Consumer Perceptions Of The Right To Repair, Aaron Perzanowski Jan 2021

Consumer Perceptions Of The Right To Repair, Aaron Perzanowski

Indiana Law Journal

Part I of this Article details the strategies upon which device makers rely to frustrate repair. Part II considers legislative interventions intended to push back on existing barriers to repair, with a particular focus on the set of bills introduced in state legislatures across the United States. Part III describes the results of a survey of more than 800 U.S. consumers, focusing on their expectations of and experiences with the repair of electronic devices. The legal and policy implications of those results are discussed in Part IV.


A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long Jan 2021

A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long

Articles

No abstract provided.


Southwestern Acequia Systems And Communities; Nurturing A Culture Of Place, Eric Romero Jan 2021

Southwestern Acequia Systems And Communities; Nurturing A Culture Of Place, Eric Romero

Natural Resources Journal

El Aqua es La Vida” (Water is Life) is a ubiquitous bumper sticker on trucks, mini vans and tractors in New Mexico, Colorado and the greater southwest. Besides a succinct, pithy statement for natural resource management, the maxim references a land ethic that is particularly evidenced in acequia communities. Put simply, acequias are human-constructed hydrological systems that deliver water to agricultural fields. These community-governed irrigation systems are common in southwestern states– particularly northern New Mexico and southern Colorado. However, the English connotation of ‘irrigation ditch” fails to reflect the different levels of meaning associated with these important water channels. A …


Fighting The Tragedy Of The Commons (Poem), Olivia Romo Jan 2021

Fighting The Tragedy Of The Commons (Poem), Olivia Romo

Natural Resources Journal

No abstract provided.


North Carolina Cafos: An Example Of Why The United States Needs To Recognize The Right To Safe, Clean Drinking Water, Maggie Horstman Jan 2021

North Carolina Cafos: An Example Of Why The United States Needs To Recognize The Right To Safe, Clean Drinking Water, Maggie Horstman

Human Rights Brief

No abstract provided.


Integrating The Law Of The Rio Chama Through Institutional Ontologies Of The Middle Rio Grande Basin, Colin Mckenzie Jan 2021

Integrating The Law Of The Rio Chama Through Institutional Ontologies Of The Middle Rio Grande Basin, Colin Mckenzie

Natural Resources Journal

The Law of the River is paradigmatically the legal and policy framework for river basin governance in the largely arid Western United Sates. In parsing this notoriously arcane body of law, complexity theory and jurisprudence, or the philosophy of law, are useful tools. This work develops and applies a conceptual model of the Middle Rio Grande basin as a social–ecological system in an attempt to improve understanding, transparency, and a sense of meaning of the so-called Law of the River. This project confronts the legal ecology of the “Great River” and its principle middle valley tributary, northern New Mexico’s Rio …


Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica Dec 2020

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica

Pace International Law Review

This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean …


The Future Of The Public Trust: The Muddied Waters Of Rockweed Management In Maine, Sarah M. Reiter, Dillon Post, Lisa Wedding, Aaron L. Strong Oct 2020

The Future Of The Public Trust: The Muddied Waters Of Rockweed Management In Maine, Sarah M. Reiter, Dillon Post, Lisa Wedding, Aaron L. Strong

Ocean and Coastal Law Journal

Seaweeds, or more properly, intertidal macroalgae have never been easy to classify—by law or by science: they are not part of the animal kingdom, nor part of the plant kingdom (and scientific controversies about their phylogenetic placement abound), they are not completely on terra firma, nor completely submerged in ocean water. One such organism that exists at the space in between land and sea—the brown alga commonly known as Rockweed (Ascophyllum nodosum) presents an intriguing legal question with implications that extend far beyond the shoreline. Recently, in Ross v. Acadian Seaplants Ltd. , the Supreme Judicial Court of Maine (Court) …


North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe Oct 2020

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.


"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade Oct 2020

"Water Is Life!" (And Speech!): Death, Dissent, And Democracy In The Borderlands, Jason A. Cade

Indiana Law Journal

Decades of stringent immigration enforcement along the Southwest border have pushed migrants into perilous desert corridors. Thousands have died in border regions, out of the general public view, yet migrants continue to attempt the dangerous crossings. In response to what they see as a growing humanitarian crisis, activists from organizations such as No More Deaths seek to expand migrant access to water, to honor the human remains of those who did not survive the journey, and to influence public opinion about border enforcement policies. Government officials, however, have employed a range of tactics to repress this border-policy "dissent," including blacklists, …