Water Law Commons^™

Baselines Newsletter, No. 4, Spring 2009, University Of Colorado Boulder. Natural Resources Law Center

Baselines: The Natural Resources Law Center Newsletter (2007-2011)

No abstract provided.

A Survey Of Western United States Instream Flow Programs And The Policies That Protect A River's Ecosystem, Kyle Jackson

Department of Environmental Studies: Undergraduate Student Theses

The Western United States can best be described as a vast, varying land, with the high plains to the east and the jagged horizons of Rockies to the west. However there is one common trait shared by these states: the lack of water resources. With the continued development of this land, the fact that water is scarce is becoming more real. This issue became more difficult to handle as the public became more aware that many competing uses existed for the finite resource, and those different uses were degrading the natural environments of the surface waters. With this realization instream …

Water Federalism And The Army Corps Of Engineers' Role In Eastern States Water Allocation, Robert Haskell Abrams

University of Arkansas at Little Rock 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.

Water As A Public Good: The Status Of Water Under The General Agreement On Tariffs And Trade, Bryant Walker Smith

Cardozo Journal of International and Comparative Law

The article argues that water is not a "product" under the General Agreement on Tariffs and Trade (GATT) due to the widespread and consistent assertion of public ownership over water resources through municipal and international law, which precludes its treatment as a tradable commodity under GATT. This "public-ownership consensus" implies that water resources remain under state control, and GATT's trade disciplines should not apply to water in its natural state.

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.

Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein

Faculty Scholarship

Although climate change is expected to have major consequences that affect the global environment in its broadest sense, one of the earliest and most direct impacts will be on Earth’s fresh water systems. While some regions will experience increased precipitation, others will suffer serious scarcity. Among others, consequences are likely to include severe flooding, extreme droughts, and meandering border-rivers. This, in turn, will affect human migration patterns, population growths, agricultural activities, economic development, and the environment. This article explores the impact that climate change will have on regional and global freshwater resources and the resulting legal and policy implications that …

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.

The Land Use Planning, Water Resources And Climate Change Adaptation Connection: Challenges And Opportunities, Bobbie Klein, Douglas S. Kenney

Books, Reports, and Studies

[15] p. ; 28 cm

Biodiversity Conservation V. Hydropower Dams: Can Saving The Fish Save The Mekong River Basin?, Samantha G. Pottenger

Global Business & Development Law Journal

No abstract provided.

What Happens In Vegas. . . Needs Legislative Backup, Ursula Kazarian

Sustainable Development Law & Policy

No abstract provided.

Is The International Court Of Justice The Right Forum For Transboundary Water Pollution Disputes?, Kate Halloran

Sustainable Development Law & Policy

No abstract provided.

The International Court Of Justice’S Treatment Of “Sustainable Development”And Implications For Argentina V. Uruguay, Lauren Trevisan

Sustainable Development Law & Policy

No abstract provided.

Where Will You Go When The Well Runs Dry? Local Government Ownership And Water Allocation In North Carolina, Daniel F. Mclawhorn

Campbell Law Review

It is no simple task to determine who owns-or rather who does not own-the water in North Carolina's lakes, streams, and ponds. Those seeking to resolve conflicts involving water use invariably risk entanglement in a web of common law riparian rights and public trust assets loosely bound together by centuries-old court decisions and complex state and federal laws. The question of who owns water, particularly with regard to local governments, is clearly an area of increasing importance as North Carolina now sees an end to what once seemed its inexhaustible water bounty.

The Public Order Of Ports, Charles H. Norchi

Faculty Publications

The OCLJ invited leading authorities to consider a range of maritime port law problems and policies. The ensuring articles treat port "incidents" that implicate and spawn international law including custom, conventions, and agreements and national or municipal law.

The Unbearable Cost Of Skipping The Check: Property Rights, Takings Compensation & Ecological Protection In The Western Water Law Context, 17 N.Y.U. Envtl. L.J. 1063 (2009), Scott Andrew Shepard

UIC Law Open Access Faculty Scholarship

No abstract provided.

Environmental Litigation Standing After Massachusetts V. Epa: Center For Biological Diversity V. Epa , Andy Hosaido

Sustainable Development Law & Policy

No abstract provided.

The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble

Natural Resources Journal

No abstract provided.

Managing The Risks Of Co2 Sequestration, Amy Hardberger

Faculty Articles

Carbon capture and sequestration (CCS) is an emerging technological development which enables coal to be used while avoiding significant greenhouse-gas emissions. The most effective way to combat the predicted impacts of climate change is to limit carbon dioxide (CO₂) emissions, particularly from coal-burning power plants. CCS is ready to be deployed now but is expensive. Although CCS presents challenges, environmental concerns can be mitigated through careful project planning and execution. If the current administration successfully passes and funds a climate bill, CCS will achieve the incentive needed for commercialization.

There are several risks associated with CCS. Some of the most …

Protecting Freshwater Resources In The Era Of Global Water Markets: Lessons Learned From Bottled Water, Noah D. Hall

Law Faculty Research Publications

No abstract provided.

Enhanced Water Quality Protection In Florida: An Analysis Of The Regulatory And Practical Significance Of An Outstanding Florida Water Designation, Thomas T. Ankersen, Richard Hamann, Rachel King, Megan Wegerif, John November

UF Law Faculty Publications

The Outstanding Florida Water (OFW) designation is the highest protection offered to a body of water by the state of Florida and is available only to those waters whose “natural attributes” warrant it. An OFW designation provides that water body with an antidegradation standard for certain activities affecting its water quality. Ordinarily, waters in Florida must meet the criteria established by rule for their respective class of water (based on the Florida water body classification system), regardless of existing water quality. Once a water body is designated as an OFW, however, a baseline water quality standard is set based on …

The Silver Anniversary Of The United States’ Exclusive Economic Zone: Twenty-Five Years Of Ocean Use And Abuse, And The Possibility Of A Blue Water Public Trust Doctrine, Mary Turnipseed, Stephen E. Roady, Raphael Sagarin, Larry B. Crowder

Faculty Scholarship

Sustainably managing marine ecosystems has proved nearly impossible, with few success stories. Ecosystem management failures largely stem from the traditional sector-by-sector, issue-by-issue approach to managing ocean-borne activities—an approach that is fundamentally unable to keep pace with the dynamics of coupled human, ecologi cal and oceanographic systems. In the United States today there are over twenty federal agencies and thirty-five coastal states and territories operating under dozens of statutory authorities shaping coastal and ocean policy. Among marine ecologists and policy experts there is an emerging consensus that a major overhaul in U.S. ocean governance is necessary. This Article suggests that the …

Why Waste Water? A Bifurcated Proposal For Managing, Utilizing, And Profiting From Coalbed Methane Discharged Water, Samuel S. Bacon

University of Colorado Law Review

The Coalbed Methane ("CBM") industry is booming throughout the Rocky Mountain West, creating a relatively clean energy alternative, much needed jobs in the region, and a deluge of water pumped from the ground in connection with CBM capture. In order to free the valuable natural gas, companies must first pump out substantial quantities of subsurface water holding the pressurized gas in place. This water varies in quality, from perfectly useful, potable water to poor-quality water with the potential to destroy the surrounding environment. Correspondingly, disposal of the pumped water varies from simply releasing it into streams surrounding the CBM pads …

What Evidence Will Justify An Allocation Of Liability Among Responsible Parties Under Superfund?, Robert H. Abrams

Journal Publications

Burlington No. & Santa Fe R. Co. v. United States and Shell Oil Co. v. United States Docket Nos. 07-1601 and 07-1607. Argument date: February 24, 2009, From: The Ninth Circuit

Case at a Glance: Over a 30-year period Shell Oil delivered bulk agricultural chemicals to a now-contaminated reseller's site in California. Part of the site was leased from Burlington Northern Railroad. When the site operator failed, the United States and California incurred costs in cleaning the parcel and successfully sought to impose joint and several liability on Shell and the railroad. Shell contends it is not liable under Superfund …

Water Federalism And The Army Corps Of Engineers' Role In Eastern States Water Allocation, Robert Haskell Abrams

Journal Publications

It is black letter constitutional theory that the several states are the masters of their property law, and hence their water law. For that reason, states have been free to adopt regimes as widely different as reasonable use riparianism and prior appropriation, depending on local conditions and perceived needs. Superimposed on the same physical water resource network, is the United States Army Corps of Engineers (Corps). The presence of Corps' facilities in basins now experiencing short supply opens the door to state and federal water allocation conflict that calls for mediation under the principles of water federalism, a doctrine that …

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.

The International Law Commission Adopts Draft Articles On Transboundary Aquifers, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Introductory Note To Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), International Court Of Justice, Judgment Of 13 July 2009, Nienke Grossman

All Faculty Scholarship

The Dispute Regarding Navigational and Related Rights (Costa Rica v. Nicaragua) concerns the rights of Nicaragua and Costa Rica over part of the San Juan River, located in the territory of the former, but whose right bank and certain navigational rights belong to the latter. In its July 13, 2009 Judgment, the International Court of Justice ("ICJ") made a number of specific rulings regarding the scope of Costa Rica's right to free navigation, Nicaragua's power to regulate that right, and Costa Rican riparians' subsistence fishing rights. Aside from its immediate significance for the litigating parties, the Judgment is noteworthy for …

Why Resilience May Not Always Be A Good Thing: Lessons In Ecosystem Restoration From Glen Canyon And The Everglades, Sandra B. Zellmer, Lance Gunderson

Faculty Law Review Articles

No abstract provided.