Water Law Commons^™

Changing Lead Into Gold: Examining Agency Attempts To Use The Clean Water Act To Solve Ecosystem Degradation Issues, N. Lindsay Simmons

William & Mary Environmental Law and Policy Review

No abstract provided.

Navigating Through The Confusion Left In The Wake Of Rapanos: Why A Rule Clarifying And Broadening Jurisdiction Under The Clean Water Act Is Necessary, Kristen Clark

William & Mary Environmental Law and Policy Review

No abstract provided.

Offshore Petroleum Facility Incidents Post Varanus Island, Montara, And Macondo: Have We Really Addressed The Root Cause?, Tina Hunter

William & Mary Environmental Law and Policy Review

This Article analyzes the role of offshore petroleum legislation in contributing to offshore facility integrity incidents in Australia’s offshore petroleum jurisdiction. It examines the regulatory framework that existed at the time of the Varanus Island, Montara, and Macondo facility incidents, determining that the regulatory regime contributed to each of these incidents. Assessing the response of the Commonwealth government to the regulatory framework existing at the time of the events, particularly the integration of well regulation as part of the National Offshore Petroleum Safety Authority’s (“NOPSA”) functions and the establishment of a national offshore regulator, this Article determines that while the …

Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam

William & Mary Environmental Law and Policy Review

This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive to …

Water Rights, Markets, And Changing Ecological Conditions, Jonathan H. Adler

Faculty Publications

Conventional environmentalist thought is suspicious of private markets and property rights. The prospect of global climate change, and consequent ecological disruptions, has fueled the call for additional limitations on private markets and property rights. This Essay presents an alternative view. Specifically, this Essay briefly explains why environmental problems generally, and the prospect of changing environmental conditions such as those brought about by climate change in particular, do not counsel further restrictions on private property rights and markets. To the contrary, the prospect of significant environmental changes strengthens the case for greater reliance on property rights and market institutions to address …

Water Law In The United States And Brazil - Climate Change And Two Approaches To Emerging Water Poverty, David N. Cassuto, Rômulo S. R. Sampaio

William & Mary Environmental Law and Policy Review

This article examines two of the major water legal regimes in the
Americas—that of Brazil and the United States. Both countries have
extensive wet and dry regions and both hydro-regimes face a significant
threat from global warming. Brazil, for instance, is home to between
eight and fifteen percent of the world’s fresh water, and its fast-growing
economy and population present major challenges in management and
allocation. The U.S. also faces major water allocation problems resulting
from past settlement policies; unsustainable reclamation projects; and
also fast-growing domestic, industrial and agricultural demand.

In the United States, water has traditionally been perceived as …

How The Law Mattered To The Mono Lake Ecosystem, Sherry A. Enzler

William & Mary Environmental Law and Policy Review

The 2005 Millennium Ecosystem Assessment Board reported
unprecedented degradation of ecosystems and the services they provide
to human well-being which, if allowed to continue, would adversely affect
human health, security, and welfare. Our environmental legal authorities,
however, are not designed to protect the health of our nation’s ecosystems,
focusing instead on clean air, clean land, and clean water as a
single medium, often referred to as the silo approach to environmental
protection. Protecting ecosystems requires a systemic approach to the
environment in both policy and law; this in turn requires a change in our
approach to environmental protection. How do …

The Contemporary Justification For Maritime Arrest And Attachment, George Rutherglen

William & Mary Law Review

No abstract provided.

Water Markets As A Tragedy Of The Anticommons, Stephen N. Bretsen, Peter J. Hill

William & Mary Environmental Law and Policy Review

No abstract provided.

The Impact Of Feedlot Waste On Water Pollution Under The National Pollutant Discharge Elimination System (Npdes), Kate Celender

William & Mary Environmental Law and Policy Review

No abstract provided.

The Not-So-Safe Drinking Water Act: Why We Must Regulate Hydraulic Fracturing At The Federal Level, Angela C. Cupas

William & Mary Environmental Law and Policy Review

No abstract provided.

Water Marketing As An Adaptive Response To The Threat Of Climate Change, Jonathan H. Adler

Faculty Publications

Whereas there has been substantial research on the potential effect of climate change upon water resources, there has been relatively little consideration of the role of institutional arrangements in mitigating (or exacerbating) the potential effects of warming-induced changes in water supplies. Climate change increases the urgency with which water managers and policymakers must address water supply concerns, moving toward water supply institutions and policies that are sufficiently flexible, adaptive, and robust to deal with the uncertain water future. As the LPCC has concluded, "changes in water management practices will have a very significant impact on how climate change affects the …

Depiction Of The Regulator-Regulated Entity Relationship In The Chemical Industry: Deterrence-Based Vs. Cooperative Enforcement, Robert L. Glicksman, Dietrich H. Earnhart

William & Mary Environmental Law and Policy Review

For years, scholars and environmental policymakers have conducted a spirited debate about the comparative merits of two different approaches to enforcement of the nation's environmental laws: the coercive (or deterrence-based) and cooperative approaches. Supporters of the coercive model regard the deterrence of violations as the fundamental purpose of enforcement. They regard the imposition of sanctions, which make it less costly for regulated entities to comply with their regulatory responsibilities and avoid enforcement than to fail to comply and run the risk of enforcement, as the most effective way for inducing regulated entities to comply with their regulatory obligations. Proponents of …

Legal Issues Associated With Safe Drinking Water In Washington, D.C., James W. Moeller

William & Mary Environmental Law and Policy Review

No abstract provided.

Wetlands Mitigation: Retroactive Application Of Clean Water Act Requirements To Property Destroyed By Natural Disasters, John Stapleford

William & Mary Environmental Law and Policy Review

No abstract provided.

Reckoning With Rapanos: Revisiting "Waters Of The United States" And The Limits Of Federal Wetland Regulation, Jonathan H. Adler

Faculty Publications

Rapanos v. United States is the latest episode in the serial effort to identify the precise meaning of "waters of the United States." Federal courts have struggled to define the scope of federal regulatory jurisdiction under the Clean Water Act ("CWA") since the law was adopted.

Although no single opinion in Rapanos commanded a majority of the Court, the Court delivered a discernible holding. Specifically, the Court held that CWA jurisdiction over private lands is limited...and reaffirmed that federal regulatory authority only extends to those wetlands that have a "significant nexus" to navigable waters of the United States. Nonetheless, the …

Transboundary Groundwater In New Mexico, Texas, And Mexico: State And Local Legal Remedies To A Challenge Between Cities, States, And Nations, Jennifer Evans

William & Mary Environmental Law and Policy Review

No abstract provided.

The Navy And Low Frequency Active Sonar: Stripping The Endangered Species Act Of Its Authority, Nate Cihlar

William & Mary Environmental Law and Policy Review

No abstract provided.

Balancing Current And Future Demands For Colorado River Water With The Requirements Of The Endangered Species Act, Ethan Shaner

William & Mary Environmental Law and Policy Review

No abstract provided.

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Faculty Publications

No abstract provided.

Adrift Without A Paddle: The Present And Future Of The Chesapeake Bay Preservation Act, Robert E. Baute Jr.

William & Mary Environmental Law and Policy Review

No abstract provided.

No Success Like Failure: The Platte River Collaborative Watershed Planning Process, John D. Echeverria

William & Mary Environmental Law and Policy Review

No abstract provided.

The Importance Of Getting Names Right: The Myth Of Markets For Water, Joseph W. Dellapenna

William & Mary Environmental Law and Policy Review

No abstract provided.

Choices And Institutions In Watershed Management, Jon Cannon

William & Mary Environmental Law and Policy Review

No abstract provided.

Restoring Polluted Waters With Public Values, Wendy E. Wagner

William & Mary Environmental Law and Policy Review

No abstract provided.

Reconnecting Property Rights To Watersheds, A. Dan Tarlock

William & Mary Environmental Law and Policy Review

No abstract provided.

Introduction: Symposium 2000: Water Rights And Watershed Management: Planning For The Future, Brian J. Perron, Sarah Richardson

William & Mary Environmental Law and Policy Review

No abstract provided.

Watersheds And The Integration Of U.S. Water Law And Policy: Bridging The Great Divides, Robert W. Adler, Michele Straube

William & Mary Environmental Law and Policy Review

No abstract provided.

The Regulated Riparian Model Water Code: Blueprint For Twenty First Century Water Management, Robert E. Beck

William & Mary Environmental Law and Policy Review

No abstract provided.

Winters In The East: Tribal Reserved Rights To Water In Riparian States, Judith V. Royster

William & Mary Environmental Law and Policy Review

No abstract provided.