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Articles 61 - 90 of 94
Full-Text Articles in Water Law
Acid Mine Drainage: Common Law, Smcra, And The Clean Water Act, Caroline Henrich
Acid Mine Drainage: Common Law, Smcra, And The Clean Water Act, Caroline Henrich
Journal of Natural Resources & Environmental Law
No abstract provided.
Let Us Hope For Smart Fish: A Clean Water Act Practitioner's Search For Ratchet Down, W. Henry Graddy Iv
Let Us Hope For Smart Fish: A Clean Water Act Practitioner's Search For Ratchet Down, W. Henry Graddy Iv
Journal of Natural Resources & Environmental Law
No abstract provided.
Arkansas V. Oklahoma: Downstream States Left Without A Paddle, Neil Fairweather
Arkansas V. Oklahoma: Downstream States Left Without A Paddle, Neil Fairweather
Journal of Natural Resources & Environmental Law
No abstract provided.
Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker
Jurisdiction Over Water Quality On Native American Lands, Charlotte Uram, Mary J. Decker
Journal of Natural Resources & Environmental Law
No abstract provided.
Environmental Bounty Hunters: Reallocating Enforcement Authority Between Citizens And The Government Under The Clean Water Act, Stephen G. Allen
Environmental Bounty Hunters: Reallocating Enforcement Authority Between Citizens And The Government Under The Clean Water Act, Stephen G. Allen
Journal of Natural Resources & Environmental Law
No abstract provided.
International Paper And Interstate Water Pollution: A Two-Ton Problem In A One-Ton Regulatory Garbage Bag, Genie B. Whitesell
International Paper And Interstate Water Pollution: A Two-Ton Problem In A One-Ton Regulatory Garbage Bag, Genie B. Whitesell
Journal of Natural Resources & Environmental Law
No abstract provided.
Some Legal Solutions For Contemporary Problems Concerning Groundwater And Aquifers, Earl F. Murphy
Some Legal Solutions For Contemporary Problems Concerning Groundwater And Aquifers, Earl F. Murphy
Journal of Natural Resources & Environmental Law
No abstract provided.
Resolution Of The 'Sea Wars': Coastal Zone Management Act, Pamela L. Smillie
Resolution Of The 'Sea Wars': Coastal Zone Management Act, Pamela L. Smillie
Journal of Natural Resources & Environmental Law
No abstract provided.
How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler
How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler
Grawemeyer Colloquium Papers
Across the world, it is estimated that 4.5 billion people live near water sources “impaired” for use or contact. Standards for human-interaction are established by international organizations such as the WHO, and legislative bodies from national to local levels with jurisdiction over the quality of our waterways to ensure public & environmental health. Standards are often assessed from “grab-samples” taken from a waterbody at a certain time, with a minimum number analyzed. Water-quality standards in the United States are enforced under the Clean Water Act (CWA) via the Environmental Protection Agency (EPA), applying to “waters of the United States” (WOTUS). …
The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt
The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Shares Of Water Stock In Utah: Personal Property Or Real Estate?, Michael P. Affleck
Shares Of Water Stock In Utah: Personal Property Or Real Estate?, Michael P. Affleck
Utah Law Review
Utah deserts supply the state with exquisite beauty and are a definitive part of Utah’s identity. However, a consequence of this arid beauty is aridity itself. Because Utah is one of the driest states in the nation, water is an important resource. Accordingly, Utah legislators have enacted statutes that ensure that those who own water will use it beneficially and that ownership of water can be transferred easily from one owner to another. Water ownership is categorized as either ownership of a water right or a share of water stock. This Note focuses on the need for a resolution in …
We Still Have Lessons To Learn From Woburn, And Flint Is A Good Place To Start, Rose Mooney
We Still Have Lessons To Learn From Woburn, And Flint Is A Good Place To Start, Rose Mooney
Notre Dame Law Review
By analyzing a previous water contamination lawsuit, this Note offers advice to litigants battling their current water crises. Specifically, this Note assesses the water contamination crisis that occurred in Woburn, Massachusetts, from the mid- to late-twentieth century and offers guidance to litigants fighting for clean water in Flint, Michigan, today. There is strength in this type of comparison: “Change in legislative actions and policy- making often result from previous environmental disasters out of which the public demands a change. In other words, we arguably learn from these disasters and effect changes to prevent them from occurring again.” The Woburn litigation …
Treading Water: How Citizens, States, And The Environmental Protection Agency Can Restore Proper Criminal Enforcement Of The Clean Water Act's National Pollutant Discharge Elimination System, Marley Kimelman
Washington Journal of Environmental Law & Policy
Upon the passage of the Clean Water Act (“CWA”) in 1972, primary responsibility for protecting the United States' water quality and preventing water pollution shifted from the states to the Environmental Protection Agency (“EPA”). The program at the heart of the Clean Water Act, the National Pollutant Discharge Elimination System (“NPDES”), requires anyone who discharges pollutants into the waters of the United States to abide by the terms of a permit issued under the program. If a discharge occurs in violation of the permit or without a permit, and prosecutors are able to prove the responsible party acted with ordinary …
From Loon Lake To Chuckanut Creek: The Rise And Fall Of Environmental Values In Washington's Water Resources Act, Rachael Paschal Osborn
From Loon Lake To Chuckanut Creek: The Rise And Fall Of Environmental Values In Washington's Water Resources Act, Rachael Paschal Osborn
Washington Journal of Environmental Law & Policy
The year 2021 marks the 50th anniversary of the Water Resources Act of 1971, Washington’s program to protect instream flows in state rivers. Implementation has been controversial and, even a half century later, incomplete. Part 1 introduces the Act. Part 2 examines its legislative history, and administrative development by the Department of Ecology. The Act innovated water allocation, putting instream flows and public uses of rivers on par with out-of-stream water rights. But river protection labors under serious limitations, chief among them the subordination of instream flows to pre-existing water rights. And, although only half of Washington’s watersheds are protected …
Brief Of Amici Curiae Law Professors In Support Of Defendants, Robert Abrams
Brief Of Amici Curiae Law Professors In Support Of Defendants, Robert Abrams
Amicus Briefs
No abstract provided.
How The Safe Drinking Water Act & The Comprehensive Environmental Response, Compensation, And Liability Act Fail Emerging Contaminants: A Per- And Polyfluoralkyl Substances (Pfas) Case Study, Carly Johnson
Mitchell Hamline Law Journal of Public Policy and Practice
No abstract provided.
The Glass Is Half Full But Contaminated: An Analysis Of The United States’ Financial Investment In The Drinking Water Infrastructure System, Maya Marshall
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
A Burning River: Why New Directives May Signal A Continuance In The Downfall Of The Ohio River, Vincent G. Kleindienst
A Burning River: Why New Directives May Signal A Continuance In The Downfall Of The Ohio River, Vincent G. Kleindienst
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Mega-Dams And Indigenous Human Rights, Kate E. Britt
Mega-Dams And Indigenous Human Rights, Kate E. Britt
Law Librarian Scholarship
Mega-Dams and Indigenous Human Rights (“Mega-Dams”) is a 2020 monograph by Itzchak Kornfeld. Kornfeld is a law professor with extensive experience working with governments and non-governmental organizations on the legal and geological aspects of water development, water sustainability, and sustainable development of land. Mega-Dams reflects this expertise, as well as the author's express opinions.
A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long
A Housing Crisis: The Story Of The Syringa Mobile Home Park And The Law Clinic's Quest For Water, Jessica M. Long
Articles
No abstract provided.
Water Is Life: Law, Systemic Racism, And Water Security In Indian Country, Heather Tanana, Julie Combs, Aila Hoss
Water Is Life: Law, Systemic Racism, And Water Security In Indian Country, Heather Tanana, Julie Combs, Aila Hoss
Utah Law Faculty Scholarship
The 21st Century has been marked by significant advancements in technology, from travel to Mars and self-driving cars to smartphones and bitcoin. And yet, at the same time, hundreds of thousands of Native Americans live without access to safe, clean and reliable drinking water. By some estimates, 48% of households on Indian reservations do not have clean water or adequate sanitation. This lack of access has been highlighted by the coronavirus pandemic, but it is not a new issue. Native American communities have long suffered inequities stemming from colonization and perpetrated by federal policy. While the pandemic has devastated many …
The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan
The Pearl Of Siberia: The Emerging Threat To Lake Baikal, Blake Donithan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya
International Water Law And Fresh Water Dispute Resolution: A Cosean Perspective, Tamar Meshell, Moin A. Yahya
University of Colorado Law Review
International Water Law has developed a set of rules for resolving interstate fresh water disputes that govern both the substance of these disputes and the conduct of the disputing states. "Equitable and reasonable utilization" is commonly considered as the leading substantive rule, "no significant harm" as subsidiary to it, and the "duty to cooperate" as the central procedural rule. The purpose of this Article is to analyze the merits of these substantive and procedural rules under the lens of the celebrated Coase theorem. The "normative" part of the Coase theorem observes that if transaction costs are high, then the legal …
Regulatory Agency Capture: How The Federal Energy Regulatory Commission Approved The Mountain Valley Pipeline, Aakshi Agarwal
Regulatory Agency Capture: How The Federal Energy Regulatory Commission Approved The Mountain Valley Pipeline, Aakshi Agarwal
Harvey M. Applebaum ’59 Award
The FERC’s history of approving nearly 100% of pipelines and divisive pipeline cases like the Atlantic Coast Pipeline and Mountain Valley Pipeline have driven landowners’ long-standing claims of regulatory agency capture of the FERC. The present research substantiates the claim of capture with a case study of the Mountain Valley Pipeline and uncovers that the FERC is both culturally and corrosively captured. This research also suggests that the capture of the FERC began at its conception during the natural gas crisis and subsequent natural gas bubble, which caused the FERC to follow the industry’s lead. These findings indicate that the …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Sustainable Groundwater Management Act (Sgma): Long Overdue, But Is It Living Up To Its Potential?, Bailey Mknelly
The Sustainable Groundwater Management Act (Sgma): Long Overdue, But Is It Living Up To Its Potential?, Bailey Mknelly
Scripps Senior Theses
This thesis discusses the Sustainable Groundwater Management Act (SGMA), California’s first statewide groundwater regulatory legislation. The act established the formation of groundwater basins and local governing bodies called Groundwater Sustainability Agencies (GSAs) which are tasked with creating Groundwater Sustainability Plans (GSPs). More specifically, this thesis examines how the structure of GSAs affects stakeholder accessibility, community engagement, and transparency. Through a collection of four interviews as well as the use of primary and secondary sources, this paper will explore the potential, and the ultimate shortcomings of SGMAs transparency, particularly in ensuring clean, safe water to historically disenfranchised communities. Using Kern and …
The Acf Water Wars Final Episode: Is Florida Entitled To Greater Flow In The Apalachicola River?, Robert Abrams
The Acf Water Wars Final Episode: Is Florida Entitled To Greater Flow In The Apalachicola River?, Robert Abrams
Journal Publications
This case marks the second trip to the Supreme Court for Florida’s equitable apportionment case seeking to obtain greater flows into Apalachicola Bay, the estuary of the ApalachicolaChattahoochee-Flint (ACF) River Basin. In a 2018 decision, the Supreme Court reviewed a report of then-Special Master Ralph Lancaster recommending that the Court deny relief to Florida because of the Court’s inability to provide relief without having the Army Corps of Engineers as a party to the litigation. At that time, a 5–4 majority ruled that the Special Master had applied too demanding a standard of proof to the issues surrounding redressability and …
The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner
The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner
Oklahoma Law Review
No abstract provided.
Does The Doctrine Of Equitable Apportionment Apply To Conflicts Between States Over Groundwater Resources When Such Resources Are Derived From An Aquifer That Lies Beneath More Than One State?, Robert Abrams
Journal Publications
The Middle Claiborne Aquifer is a large sand formation that contains groundwater within its sand’s porous spaces. The Aquifer spans beneath Mississippi, Tennessee, and at least six other neighboring states. Since 1886, the City of Memphis has withdrawn water from the aquifer to supply drinking water. Memphis also has withdrawn water for irrigation and industrial purposes. Due to increased water pumping, water levels in the aquifer have dropped, lowering the piezometric head (water pressure) in different locations, including between the two states’ borders. In 2005, Mississippi filed suit against the City of Memphis and the Memphis Light, Gas and Water …
Anem: A Simple Web-Based Platform To Build Stakeholder Understanding Of Groundwater Behavior, Bruce Huber
Anem: A Simple Web-Based Platform To Build Stakeholder Understanding Of Groundwater Behavior, Bruce Huber
Journal Articles
Groundwater supports essential societal and ecological functions by acting as a reservoir that buffers against natural variability. Increasing water scarcity and climate variability have resulted in more intensive management of groundwater resources, but groundwater often remains difficult to understand and manage. With this in mind, we develop a simple platform that provides a straightforward, web-based user interface applicable to a wide variety of end-user scenarios. Groundwater behavior is modeled using the method of images in a new R package, anem, which serves as the engine for the web platform, anem-app, produced using R Shiny. Both tools allow users to define …