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Water Law

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Articles 451 - 480 of 1523

Full-Text Articles in Energy and Utilities Law

An Epic Depate, Greg Jergeson Aug 2020

An Epic Depate, Greg Jergeson

Public Land & Resources Law Review

No abstract provided.


How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent Aug 2020

How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent

Public Land & Resources Law Review

No abstract provided.


The Montana Environmental Information Center, Robin Nichols Aug 2020

The Montana Environmental Information Center, Robin Nichols

Public Land & Resources Law Review

No abstract provided.


The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate Aug 2020

The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson Aug 2020

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson

Public Land & Resources Law Review

No abstract provided.


The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell Aug 2020

The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell

Public Land & Resources Law Review

No abstract provided.


Alice Creek, Dolores Colburg Aug 2020

Alice Creek, Dolores Colburg

Public Land & Resources Law Review

No abstract provided.


Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden Aug 2020

Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden

Public Land & Resources Law Review

No abstract provided.


Author Biographies Aug 2020

Author Biographies

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Aug 2020

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter From The Editor Aug 2020

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.


Plrlr Editors And Staff Aug 2020

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.


Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler May 2020

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 …


Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte May 2020

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.


When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer May 2020

When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer

Seattle Journal of Technology, Environmental, & Innovation Law

What is water right mitigation?

The allocation of surface and ground water resources for out of stream uses via the western water rights doctrine of prior appropriation comes with serious environmental consequences – depletion of streamflow and aquifers. Over-appropriation by water rights has led to deleterious impacts on natural resources, including salmon survival, water quality, and public uses of state waterways.

Because of the over-appropriated condition of Washington’s rivers and aquifers, the issuance of new water rights has until recently required water-for-water or in-kind mitigation, with the goal to directly compensate for deleterious impacts. Historically, the Water Resources Program of …


Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla Apr 2020

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …


Juliana V. United States, Anthony Reed Apr 2020

Juliana V. United States, Anthony Reed

Public Land & Resources Law Review

Plaintiffs sued the United States government for promoting activities that were known to pollute the atmosphere and cause climate change. They claimed the government’s policies violated their rights under the substantive due process clause of the Fifth Amendment, the equal protection clause of the Ninth Amendment, and the public trust doctrine. The Ninth Circuit held it was not within the court’s Article III power to create and oversee a comprehensive plan capable of redressing the Plaintiffs’ injuries and, therefore, Plaintiffs lacked standing.


Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter Apr 2020

Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Navajo Nation V. United States Department Of The Interior, Adam W. Johnson Mar 2020

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King Mar 2020

State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King

Sustainable Development Law & Policy

No abstract provided.


The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess Mar 2020

The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess

Sustainable Development Law & Policy

No abstract provided.


An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret Mar 2020

An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret

Sustainable Development Law & Policy

No abstract provided.


Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman Mar 2020

Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman

Sustainable Development Law & Policy

No abstract provided.


The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer Mar 2020

The Use Of The Regular Militaries For Natural Disaster Assistance: Climate Change And The Increasing Need For Changes To The Laws In The United States, China, Japan, The Philippines, And Other Countries, Donald D.A. Schaefer

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Brianna Delduca, Hannah Gardenswartz Mar 2020

Editor's Note, Brianna Delduca, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.


End Notes, Sustainable Development Law & Policy Mar 2020

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri Mar 2020

How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri

Sustainable Development Law & Policy

No abstract provided.


Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez Mar 2020

Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez

Sustainable Development Law & Policy

No abstract provided.


Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie Mar 2020

Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie

Sustainable Development Law & Policy

No abstract provided.