Water Law Commons^™

Privatization Of Water Desalination: The Need To Balance Governmental And Corporate Control In California, Melissa Lee

Global Business Law Review

This note argues that California has to create regulations that prevent complete privatization of desalination facilities and protect the public's right to the water. This note provides a model that should be adopted by California in order to safeguard the water and community. There must be legislations and regulations to answer important issues of water rights and distribution of the desalinated water. Israel has utilized and the technology of desalination for half a century and has laws pertaining to water and privatization that can provide insight into what should be adopted by California.

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

The Significant Nexus Test: Why The Waters Of The United States Are So Murky, Micah Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

For Texas, Now Is The Time To Force Groundwater Owners To Accommodate, Hilary C. Soileau

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Legal Analysis: Daesh Control Of Watercourses In Syria And Iraq, Nadim Damluji

Washington International Law Journal

After years of turmoil, the volatile situation in Iraq and Syria erupted into chaos, setting the stage for the rise of Daesh. Under the leadership of Abu Bakr al-Baghdadi since 2013, Daesh has successfully gained control of territory and influence throughout vast regions of Iraq and Syria to create a new religious caliphate. In the water-scarce region, Daesh has executed a plan to capture the most precious resource available: water. The critical threat Daesh poses to watercourse installations along the Tigris and Euphrates in Syria and Iraq poses a pressing challenge to water security in the Middle East. How might …

Don't Eat The Brown Snow! Utilizing Wastewater For Artificial Snow: A Slippery Slope Between Protecting Skiers And Encouraging Water Reuse, Katie A. Duquette

Villanova Environmental Law Journal

No abstract provided.

Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson

Public Land & Resources Law Review

The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.

When Self-Policing Does Not Cut It: Cruising, Rcra, And Hazardous Waste On The High Seas, Chris Ryan, Michelle Bedoya

Barry Law Review

No abstract provided.

Coal Ash And Groundwater: Past, Present And Future Implications Of Regulation, John Daniels

William & Mary Environmental Law and Policy Review

No abstract provided.

Message In A Water Bottle: The Call For A Tri-State Tmdl For Western Lake Erie, Lauren Coleman

William & Mary Environmental Law and Policy Review

No abstract provided.

Emerging Contaminants In Virginia, Peter L. Defur, Laura E. Williams, Sarah D. Sanford

William & Mary Environmental Law and Policy Review

This Article summarizes the rise of emerging contaminants in waterways in Virginia and nationwide, and how they affect ecological and human health. First, we review the scientific discovery of chemicals that alter hormone systems, reproductive and developmental processes and how these were discovered in waterways. We go on to explain the current state of emerging contaminant regulations, noting that few states have a clear understanding of what chemicals are discharged into surface waters. The Environmental Protection Agency (“EPA”) has no national effort in this area, despite congressional interest and action. Finally, we make recommendations for future emerging contaminant control and …

Essay – The Toxic Legacy Of Coal Ash On Southeastern Rivers, Waterways, And Reservoirs, Cale Jaffe

William & Mary Environmental Law and Policy Review

My talk focuses on what I have called the toxic legacy of coal ash pollution in the Southeastern United States, andmy goal today is to give you all an insight into how we in the environmental community—by which I mean the waterkeepers and riverkeepers—are seeing this issue. I also hope to share with you the perspective of the impacted communities and families that live downstream of these coal ash lagoons.

Barometer Rising: The Cartagena Protocol On Biosafety As A Model For Holistic International Regulation Of Ocean Fertilization Projects And Other Forms Of Geoengineering, Matthew Hubbard

William & Mary Environmental Law and Policy Review

No abstract provided.

The Golden Rule* Of Water Management, Russell M. Mcglothlin, Jena Shoaf Acos

Golden Gate University Environmental Law Journal

California follows a “Golden Rule” of water management, which requires management of the state’s water for maximum beneficial use. This principle is codified at Article X, Section 2 of California’s Constitution. However, the Golden Rule has a qualifier—an asterisk—which requires that water management “preserve water right priorities to the extent those priorities do not lead to unreasonable use.” We call this qualifier the Mojave Rule, named after the California Supreme Court’s decision in City of Barstow v. Mojave Water Agency. The Golden Rule* is the foundation of water management in California and the Mojave Rule is the key qualifier. …

Not All Water Stored Underground Is Groundwater: Aquifer Privatization And California's 2014 Groundwater Sustainable Management Act, Adam Keats, Chelsea Tu

Golden Gate University Environmental Law Journal

California’s Sustainable Groundwater Management Act of 2014 (“Act”) has been heralded as a “once-in-a-century achievement.” While some have criticized the Act’s relatively modest regulatory goals, long compliance deadlines, and weak enforcement powers, others have hailed the mere accomplishment of the state passing some form of groundwater legislation and celebrated the Act’s stated goals of protecting existing water rights and local control of groundwater supplies. Some groundwater basins may prove to be well-suited for the regulatory scheme imposed by the Act, but equitable regulation of other groundwater basins may be challenged by current and future efforts to privatize these groundwater resources. …

A Vineyardist's View On Reasonable Use And Frost Protection Diversions Under California Water Law, Nicholas Jacobs

Golden Gate University Environmental Law Journal

This Article will discuss the Light case from the perspective of my firm’s vineyardist clients—including our understanding of the Reasonable Use Doctrine and its application to the frost protection regulation.

The underlying premise of the frost protection regulation is the theory that reductions in streamflow caused by frost protection diversions cause or contribute to stranding of juvenile salmonids in the exposed gravel banks of the rivers and streams in the Russian River watershed. One of the key issues in Light was whether good science supports this theory. From the perspective of my vineyardist clients, the State Board relied on very …

Reasonable Use On The Russian River: A Brief History Of The Frost Protection Rule, Brian J. Johnson

Golden Gate University Environmental Law Journal

The Russian River Frost Protection Regulation (“Frost Protection Rule”) states that “any diversion of water from the Russian River stream system, including the pumping of hydraulically connected groundwater, for purposes of frost protection” must be diverted in accordance with an approved “water demand management program” (WDMP), or the diversion “is an unreasonable method of diversion and use and a violation of Water Code section 100.” The California State Water Resources Control Board (“State Water Board”) adopted the Frost Protection Rule on September 20, 2011.

Litigation over the rule culminated in the decision in Light et al. v. State Water Res. …

Desperate Times Call For Sensible Measures: The Making Of The California Sustainable Groundwater Management Act, Tina Cannon Leahy

Golden Gate University Environmental Law Journal

The story of how California passed the Sustainable Groundwater Management Act (SGMA)—popularly pronounced as “Sigma”—is an example of how what occurs “overnight” can be a century in the making.

California is frequently the United States’ leader in sustainability and progressive regulation. Sections of the State’s Porter-Cologne Water Quality Control Act were models for the modern federal Clean Water Act. The federal Clean Air Act provided California a preemption waiver that not only allowed it to set its own automobile emissions standards but empowered other states to choose between the stricter California standard and the federal standard. With a market share …

In This Edition, Phoebe Moshfegh, Joseph Baskin

Golden Gate University Environmental Law Journal

No abstract provided.

A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada

Brooklyn Journal of International Law

China is believed to have the world's largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China's capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power …

Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido

University of the Pacific Law Review

No abstract provided.

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

The Human Right To Water: A False Promise?, Stephen C. Mccaffrey

University of the Pacific Law Review

No abstract provided.

To Have Our Water And Use It Too : Why Colorado Water Law Needs A Public Interest Standard, Larry Myers

University of Colorado Law Review

This Comment proposes constitutional and statutory amendments that would allow water courts to consider the public interest in water allocations. It offers a model public interest standard and argues that this public interest standard is an economic necessity given the shifting contributions of water-reliant industries and the nature of their water needs. Assuming the purpose of Colorado water law is to promote growth and the economic health of the state, then Colorado must adjust the guiding laws to reflect the current economic reality. Where facilitating economic growth formerly required consumptive diversions from streams to subsidize homesteads, ranches, and mines, now …