Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Environmental law (4)
- Natural resources (3)
- Property rights (3)
- Chesapeake Bay (2)
- Constitutional law (2)
-
- Eminent domain (2)
- Exactions (2)
- Just compensation (2)
- Land use (2)
- Navigability (2)
- Public domain (2)
- Public forum (2)
- Public trust (2)
- Real property (2)
- Regulatory takings (2)
- Water rights (2)
- Wetlands (2)
- Climate change (1)
- Coastal Resource (1)
- Coastal Restoration (1)
- Coastal resources (1)
- Commerce Clause (1)
- Constitutional Law (1)
- Dead zones (1)
- Dormant Commerce Clause (1)
- Eastern Water Law (1)
- Environment (1)
- Environmental Law (1)
- Excess nutrients (1)
- Federalism (1)
- Publication
Articles 1 - 9 of 9
Full-Text Articles in Water Law
Covariant Risk And Nutrient Credit Training, Brian Sawers
Covariant Risk And Nutrient Credit Training, Brian Sawers
Maryland Law Review Online
Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.
To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A …
Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann
Consequences For Cleanup: Epa Gets Serious About Weak Watershed Improvement Plans, Rena I. Steinzor, Anne Havemann
Faculty Scholarship
In a landmark series of reports issued on June 26, 2014, the Environmental Protection Agency (EPA) put the seven jurisdictions that pollute the Chesapeake Bay on notice that their plans for reducing nitrogen, phosphorous, and sediment fall short of where they must be to make cleanup by 2025 a reality. By EPA’s reckoning, Pennsylvania and Delaware were furthest off the mark, but Maryland, New York, Virginia, and West Virginia face EPA action if they fail to substantially improve their plans. Of the seven jurisdictions, only Washington, D.C. escaped serious criticism.
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
When The River Dries Up, The Compact Need Not Wither Away: Amending Interstate Water Compacts To Ensure Long-Term Viability, Hilary T. Jacobs
Maryland Law Review Online
No abstract provided.
Anti-Waste, Michael Pappas
Anti-Waste, Michael Pappas
Faculty Scholarship
It may be a bad idea to waste resources, but is it illegal? Legally speaking, what does “waste” even mean? Though the concept may appear completely subjective, this Article builds a framework for understanding how the law identifies and addresses waste.
Drawing upon property and natural resource doctrines, the Article finds that the law selects from a menu of five specific, and sometimes competing, societal values to define waste. The values are: 1) economic efficiency, 2) human flourishing, 3) concern for future generations, 4) stability and consistency, and 5) ecological concerns. The law recognizes waste in terms of one or …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Unnatural Resource Law: Situating Desalination In Coastal Resource And Water Law Doctrines, Michael Pappas
Faculty Scholarship
This Article offers the first legal analysis of desalination, the process of converting saltwater into freshwater. Desalination represents a key climate change adaptation measure because the United States has exploited nearly all of its freshwater resources, freshwater demands continue to grow, and climate change threatens to diminish significantly existing freshwater supplies. However, scholarship has yet to address the legal ambiguities that desalination raises in the context of property, water law, and coastal resource doctrines.
This Article addresses these ambiguities and suggests the legal adaptations necessary to accommodate desalination as a climate change adaptation. Under current legal doctrines, the chain of …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2011 Edition), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …
Just A Reminder, Paul Huntington
Just A Reminder, Paul Huntington
Student Environmental Law Films/Golden Tree Films
A musical exploration of the challenges of being a law student. Original music by Paul Huntington.
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions (2010 Ed.), Garrett Power
Faculty Scholarship
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland School of Law. It is an “open content” casebook intended for classroom use in courses in Land Use Control, Environmental Law and Constitutional Law. It consists of cases carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. It considers both the personal right to liberty and the personal right in property. The text consists of non-copyrighted material and readers are free to use it or re-mix …