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Articles 1 - 30 of 35
Full-Text Articles in Water Law
Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson
Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson
West Virginia Law Review
No abstract provided.
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
Hillbilly Resurrection: A Response To Reviving Rural America, Jesse J. Richardson Jr.
West Virginia Law Review
No abstract provided.
How Seeing Rural America As A Commons Can (Re)Build Mutual Respect Across The Rural-Urban Divide, Lisa R. Pruitt
How Seeing Rural America As A Commons Can (Re)Build Mutual Respect Across The Rural-Urban Divide, Lisa R. Pruitt
West Virginia Law Review
This Essay, written for a symposium that honors and amplifies Ann Eisenberg’s 2024 book, Reviving Rural America: Toward Policies for Resilience, contemplates benefits that could flow from taking seriously Eisenberg’s conceptualization of rural America as a commons. In particular, I argue that the mutual respect and collaboration necessary for a successful commons could help heal the rural-urban rift, which has widened dramatically in the last few decades. Recent studies suggest that rural residents have what scholars call a rural consciousnesses, which means that living in a rural place is a key aspect of their identity. One feature of this identity …
Ownership And Development Of Rare Earth Elements And Critical Minerals In Mine Drainage In West Virginia, Robert E. Akers
Ownership And Development Of Rare Earth Elements And Critical Minerals In Mine Drainage In West Virginia, Robert E. Akers
West Virginia Law Review
This Article argues in support of recent legislation which clarifies legal title to potentially valuable substances derived from the treatment of mine drainage in West Virginia’s waters. West Virginia University has been researching the commercial viability of extracting rare earth elements and other critical minerals from coal mine drainage and coal mine waste. If successful, the research may foster a new industry and provide citizens and wildlife with cleaner water flowing in West Virginia’s rivers and streams. The West Virginia Legislature was concerned that ownership disputes and litigation might harm the development of this potential resource and enacted statutory provisions …
An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson
An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Water Rights Table, Jesse Richardson, Iris Aloi
Water Rights Table, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
This publication consists of two tables with information regarding water rights among the states. Table 1 summarizes each state’s common law water rights for both surface and percolating ground water, as well as whether the state has statutory rules that modify the common law rule. Table 2 briefly summarizes the type of regulated riparian requirements, the threshold at which the requirements apply, grandfathered water withdrawals and exemptions for those states that have regulated riparian rules.
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Exempt Wells And Agriculture, Jesse Richardson, Iris Aloi
Law Faculty Scholarship
No abstract provided.
Who Owns The Water?, Jesse Richardson
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
Mayfly Mayday: The West Virginia Legislature Attempts To Redefine Compliance With The Narrative Water Quality Standards Through Senate Bill 562, Aaron S. Heishman, Robert G. Mclusky
West Virginia Law Review
No abstract provided.
In Re Flood Litigation: When It Rains, The Lawsuits Pour: Considering Social, Public And Economic Policy When Determining Duty In West Virginia, Seth P. Hayes
West Virginia Law Review
No abstract provided.
The Water Resources Protection Act And Its Impact On West Virginia Water Law, David M. Flannery, Blair D. Gardner, Jeffrey R. Vining
The Water Resources Protection Act And Its Impact On West Virginia Water Law, David M. Flannery, Blair D. Gardner, Jeffrey R. Vining
West Virginia Law Review
No abstract provided.
Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge
Maintaining Instream Flow And Protecting Aquatic Habitat: Promise And Perils On The Path To Regulated Riparianism, Lee P. Breckenridge
West Virginia Law Review
No abstract provided.
Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck
Water And Coal Mining In Appalachia: Applying The Surface Mining Control And Reclamation Act Of 1977 And The Clean Water Act, Robert E. Beck
West Virginia Law Review
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
West Virginia Law Review
No abstract provided.
Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna
Adapting Riparian Rights To The Twenty-First Century, Joseph W. Dellapenna
West Virginia Law Review
No abstract provided.
West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley
West Virginia's Antidegradation Policy For State Waters: From Theoretical Construct To Implementation Procedures, M. Ann Bradley, Joseph M. Dawley
West Virginia Law Review
No abstract provided.
Public Rights In West Virginia Watercourses: A Unique Legacy Of Virginia Common Lands And The Jus Publicum Of The English Crown, Larry W. George
Public Rights In West Virginia Watercourses: A Unique Legacy Of Virginia Common Lands And The Jus Publicum Of The English Crown, Larry W. George
West Virginia Law Review
No abstract provided.
Regulatory Violations In The Mining Industry: Mountaintop Removal Mine Valley Fills Violate The Federal Clean Water Act, Jeffery W. Lilly
Regulatory Violations In The Mining Industry: Mountaintop Removal Mine Valley Fills Violate The Federal Clean Water Act, Jeffery W. Lilly
West Virginia Law Review
No abstract provided.
Confusion In Regulating Coal Mine Water Pollution: Regulatory Overlap In Smcra And The Cwa, Brian Peterson
Confusion In Regulating Coal Mine Water Pollution: Regulatory Overlap In Smcra And The Cwa, Brian Peterson
West Virginia Law Review
No abstract provided.
Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord
Environmental Law, Environmental Justice, And Democracy, William A. Shutkin, Charles P. Lord
West Virginia Law Review
No abstract provided.
Criminal Enforcement Of The Clean Water Act In The Coal Fields: United States V. Law And Beyond, Phillip B. Scott, S. Benjamin Bryant
Criminal Enforcement Of The Clean Water Act In The Coal Fields: United States V. Law And Beyond, Phillip B. Scott, S. Benjamin Bryant
West Virginia Law Review
No abstract provided.
Potential Criminal Liability In The Coal Fields Under The Clean Water Act: A Defense Perspective, Webster J. Arceneaux Iii
Potential Criminal Liability In The Coal Fields Under The Clean Water Act: A Defense Perspective, Webster J. Arceneaux Iii
West Virginia Law Review
No abstract provided.
Municipal Compliance With The Clean Water Act, Jeffrey D. Robertson
Municipal Compliance With The Clean Water Act, Jeffrey D. Robertson
West Virginia Law Review
No abstract provided.
Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck
Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck
West Virginia Law Review
On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …
Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle
Water And Watercourses--Recreational Rights--A Determination Of The Public Status Of West Virginia Streams, George Castelle
West Virginia Law Review
No abstract provided.
The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess
The Federal Water Pollution Control Act Amendments Of 1972 As Applied To The Surface Mine In West Virginia--Pollutant Discharge Permit Requirements, Lawrence W. Marquess
West Virginia Law Review
No abstract provided.
Environmental Law--Acid Mine Drainage, Katherine P. Kenna
Environmental Law--Acid Mine Drainage, Katherine P. Kenna
West Virginia Law Review
No abstract provided.
Administering State Water Resources: The Need For Long-Range Planning, Frank E. Maloney, Richard C. Ausness
Administering State Water Resources: The Need For Long-Range Planning, Frank E. Maloney, Richard C. Ausness
West Virginia Law Review
No abstract provided.
Water Law In West Virginia, Marlyn E. Lugar
Water Law In West Virginia, Marlyn E. Lugar
West Virginia Law Review
No abstract provided.
Constitutional Law--Navigable Waters--Extension Of The Federal Prerogative, Orton Alan Jones
Constitutional Law--Navigable Waters--Extension Of The Federal Prerogative, Orton Alan Jones
West Virginia Law Review
No abstract provided.