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- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (6)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (4)
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- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (3)
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- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (2)
- Georgia Journal of International & Comparative Law (2)
- Monitoring and Protecting Groundwater During Oil and Gas Development (November 26) (2)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (2)
- The Future of Federal Wetlands Regulation After Rapanos (May 10) (2)
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- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10) (1)
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Articles 1 - 30 of 79
Full-Text Articles in Water Law
Environmental (In)Justice: Evaluating The Factors That Led To The Jackson Water Crisis & Proposing A Solution For Environmental Justice In Mississippi, Emily Brennan
MC Law Review
40,000. That is the number of residents that were left without potable water for nearly five weeks during Jackson, Mississippi’s February 2021 water crisis. An unusual cold front rolled through, freezing plant equipment, bursting water pipes, and causing many in Jackson to lose access to running water. This was not, however, the first time that Jackson residents had endured hardships with regard to their drinking water—it was just the first time that national attention turned to, and has seemed to remain on, Mississippi’s capital city. Those in Jackson are all too familiar with water pipes bursting, low water pressure, boil …
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Water, Water, Anywhere?: Protecting Water Quantity In State Water Quality Standards, Julie F. Youngman
Indiana Law Journal
Although much of the earth’s surface is covered with water, less than one percent of water is available for human use. Water is becoming progressively scarcer worldwide, as demand increases and pollution, drought, and climate change jeopardize access to clean water. The United States is no exception to that trend. Effective regulation of water supplies can blunt the impacts of water scarcity. This Article suggests that states can—and should—regulate instream flows and lake levels in their federally-mandated water quality standards, with an eye toward conserving scarce water resources. Regulating water quantity as an element of water quality is not only …
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
Sustainable Development Law & Policy
No abstract provided.
Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib
Opening The Gates Of Cow Palace: Regulating Runoff Manure As A Hazardous Waste Under Rcra, Reed J. Mccalib
Michigan Law Review
In 2015, a federal court held for the first time that the Environmental Protection Agency (“EPA”) may regulate runoff manure as a “solid waste” under the Resource Conservation and Recovery Act (“RCRA”). The holding of Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC opened the gates to regulation of farms under the nation’s primary toxic waste statute. This Comment argues that, once classified as a “solid waste,” runoff manure fits RCRA’s definition of “hazardous waste” as well. This reclassification would expand EPA’s authority to monitor and respond to the nation’s tragically common groundwater-contamination emergencies.
Energy-Water Nexus, The Clean Power Plan, And Integration Of Water Resource Concerns Into Energy Decision-Making, Sarah Ladin
Energy-Water Nexus, The Clean Power Plan, And Integration Of Water Resource Concerns Into Energy Decision-Making, Sarah Ladin
Michigan Journal of Environmental & Administrative Law
Energy regulation in the United States is now at a crossroads. The EPA has begun the process to officially repeal the Clean Power Plan and currently has no plan to replace it with new rulemaking to regulate carbon emissions from the U.S. energy sector. Even though the Clean Power Plan is more or less at its end, its regulatory structure stands as a model of the way decision-makers in the United States regulate the energy sector and the environment. Since the beginning of the modern environmental legal system, decision-makers have chosen to silo the system. Statutes and agencies focus on …
Whose Standards Control? Maine V. Mccanhy And The Federal, State, And Tribal Battle Over Water Quality Regulation, Joseph Paul Mortelliti
Whose Standards Control? Maine V. Mccanhy And The Federal, State, And Tribal Battle Over Water Quality Regulation, Joseph Paul Mortelliti
Michigan Journal of Environmental & Administrative Law
This Note considers the longstanding clash between the United States government and state governments over the management of intrastate waters through the lens of Maine v. McCarthy, an ongoing federal lawsuit. McCarthy confronts whether the United States Environmental Protection Agency can require state water quality standards to specifically safeguard the health and cultural practices of Maine’s Indian tribes, particularly sustenance fishing. A panoply of legal and political factors gave rise to and shaped the course of the litigation, ranging from tribal sovereignty to agency discretion and political gamesmanship. After evaluating the litigants’ arguments and examining previous regulatory collisions between …
Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro
Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro
Georgia Journal of International & Comparative Law
Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:
Introduction by Milton Katz and Richard R. Baxter, p. 1
Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7
The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27
Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41
Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59
Protection of the Marine Environment …
The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione
The Battle Over U.S. Water: Why The Clean Water Rule "Flows" Within The Bounds Of Supreme Court Precedent, Ashleigh Allione
American University Law Review
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon
Slides: The Era Of River Anthropology: Social And Eco-Hydrological Science Connections And Capacity For Environmental Flows: Us Case Studies, Joseph E. Flotemersch, Lisa-Perras Gordon
Coping with Water Scarcity in River Basins Worldwide: Lessons Learned from Shared Experiences (Martz Summer Conference, June 9-10)
Presenter: Joe Flotemersch, US Environmental Protection Agency (EPA), Office of Research and Development
21 slides
Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa
Ksfr Interviews Clifford Villa On The Animas River Spill, Clifford J. Villa
Faculty Scholarship
Professor Clifford Villas offers perspective on the Animas River spill in segment entitled, "First News: N.M. Governor, Senators Seek Answers From EPA Over Mine Spill".
Animas River Spill: 0:01-2:40 Professor Villa's quotes appear at 1:27-1:51 and 2:06-2:31; KSFR First News
Slides: Moffat Collection System Project, Travis Bray
Slides: Moffat Collection System Project, Travis Bray
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water
45 slides
Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara
Comments: Hydraulic Fracturing: Evaluating Fracking Regulations, Blake Lara
University of Baltimore Journal of Land and Development
The demand for nonrenewable energy resources has increased in nations around the world despite the reality that these remaining resources are both scarce, and increasingly difficult to acquire. In 2010 Earth's reserves held the equivalent of approximately 406 billion tons of natural gas and oi1. However, at yearly consumption rates, this amount would only serve the planet's energy needs for about fifty years. The rapid elimination of conventional sources for oil and gas has led to the utilization of alternative methods to access sources that were previously not worth drilling. In the United States, for example, there are several types …
Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon
Legal Protection For Groundwater-Dependent Ecosystems, Collin Gannon
Michigan Journal of Environmental & Administrative Law
This Note concerns the legal protection of groundwater-dependent ecosystems in the United States and abroad. By first describing the science and ecology of ecosystems that are dependent on groundwater and then surveying the current American legal system that fails to adequately protect groundwater-dependent ecosystems (GDEs), this Note proposes legal reforms that could vastly improve groundwater management systems. State protection of GDEs is sparse and often only operates indirectly as a result of states’ water policies focused on water quantity upkeep for consumptive purposes. Part I provides an overview of GDEs. Part II discusses state legal protection, including indirect state protection …
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Environmental Law, Eleventh Circuit Survey, Travis M. Trimble
Scholarly Works
In 2013, the United States Court of Appeals for the Eleventh Circuit rejected a challenge to the Navy's Undersea Warfare Training Range (Range) off the coast of Jacksonville, Florida, based on potential impacts the Range could have to the endangered North Atlantic Right Whale and other endangered species. The court held that the Navy and the National Marine Fisheries Service (NMFS) had met their obligations under the National Environmental Policy Act of 1969 (NEPA as amended and the Endangered Species Act of 1973 (ESA as amended thus far in the project.' The court also decided two cases under the Clean …
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
Climate Change And Water Transfers, Jesse Reiblich, Christine A. Klein
UF Law Faculty Publications
Climate change adaptation is all about water. Although some governments have begun to plan for severe water disruptions, many have not. The consequences of inaction, however, may be dire. As a report of the U.N. Environment Programme warns, “countries that adopt a ‘wait and see’ approach potentially risk the lives of their people, their ecosystems and their economies.” In the United States, according to one study, nearly 60% of the states are unprepared to deal with the impending crisis. Responding to this void, we offer what we believe is the first comprehensive, fifty-state survey of water allocation law and its …
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Permits For Puddles? The Constitutionality And Necessity Of Proposed Agency Guidance Clarifying Clean Water Act Jurisdiction, Jennifer L. Baader
Chicago-Kent Law Review
The Clean Water Act, enacted and amended in the mid-20th century, was a significant development in the protection and restoration of the Nation’s waters. The Act authorized the Environmental Protection Agency and the Army Corps of Engineers to regulate the discharge of pollutants into many types of bodies of water. However, this wide-spread jurisdictional authority was challenged by the Supreme Court in two turn of the century cases which limited the application of the Act to certain waters. In 2011, a draft guidance document was released by the Environmental Protection Agency and the Army Corps of Engineers, which would increase …
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
The Clean Water Act And Evolving Due Process: The Emergence Of Contemporary Enforcement Procedures, Alexandria A. Polk
Oklahoma Law Review
No abstract provided.
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Alan E. Curtis, White & Jankowski, LLP
23 slides
Slides: Research On Ground Water Monitoring, Matt Samelson
Slides: Research On Ground Water Monitoring, Matt Samelson
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation
12 slides
The Judicial Assault On The Clean Water Act, Mark Squillace
The Judicial Assault On The Clean Water Act, Mark Squillace
Publications
No abstract provided.
Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project
Agenda: Best Management Practices (Bmps): What? How? And Why?, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program, Research Partnership To Secure Energy For America, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project
Best Management Practices (BMPs): What? How? And Why? (May 26)
The Environmentally Friendly Drilling Systems (EFD) Program, managed by the Houston Advanced Research Center, works to identify, develop and transfer critical, cost effective, new technologies that can provide policy makers and industry with the ability to develop natural gas reserves in a safe and environmentally friendly manner. Funding for the EFD Program is through a grant from the Research Partnership to Secure Energy for America, established under the 2005 Energy Act. Within the EFD Program, some projects focus on technologies for developing energy sources in environmentally sensitive areas; others (like the NRLC’s BMP Project) seek ways to reduce the environmental …
Urbanization, Water Quality, And The Regulated Landscape, Dave Owen
Urbanization, Water Quality, And The Regulated Landscape, Dave Owen
University of Colorado Law Review
Watershed scientists frequently describe urbanization as a primary cause of water quality degradation, and recent studies conclude that even in lightly-developed watersheds, urbanization often precludes attainment of water quality standards. This Article considers legal responses to this pervasive problem. It explains why traditional legal measures have been ineffective, and it evaluates several recent innovations piloted in the northeastern United States. These innovations are potentially applicable across the nation. Specifically, the innovations involve using impervious cover total maximum daily loads, residual designation authority, and collective permitting to expand, intensify, and modify regulatory control of urban stormwater. More generally, the innovations involve …
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO
21 slides
Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO
18 slides
Slides: Evolving Policy On Shale Plays, John Martin
Slides: Evolving Policy On Shale Plays, John Martin
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: John Martin, Crowell & Moring, LLP, Washington, DC
17 slides
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Slides: Rapanos And The Courts: Navigating Through The Fog, Jim Murphy
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Jim Murphy, Wetlands and Water Resources Counsel, National Wildlife Federation, VT
25 slides
The International Court Of Justice’S Treatment Of “Sustainable Development”And Implications For Argentina V. Uruguay, Lauren Trevisan
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.