Water Law Commons^™

Environmental Financing Litigation, Gail Gottlieb Minturn

Natural Resources Journal

No abstract provided.

New Mexico Water Pollution Regulations And Standards Upheld, David N. Whitham

Natural Resources Journal

No abstract provided.

Oil Tanker Regulation: A State Or Federal Area, Robert Muehlenweg

Natural Resources Journal

No abstract provided.

Wild Horses Off Private Lands, Martin D. Porter

Natural Resources Journal

No abstract provided.

Corps' Texas Cooper Lake And Channels Project Halted, Stephen K. Bowman

Natural Resources Journal

No abstract provided.

The State And Federal Quandry Over Billboard Controls, Frances Bassett Romero

Natural Resources Journal

No abstract provided.

Water Resources—Reclaiming State Power Over Federal Reclamation Projects—California V. United States, 98 S. Ct. 2925 (1978), Peggy Williams

Washington Law Review

The U. S. Supreme Court held in California v. United States, 98 S. Ct. 2985 (1978), that under section 8 of the Reclamation Act of 1902, a state may impose on a permit granting water to the United States for a federal reclamation project any conditions which are not inconsistent with federal statutes. The six-three majority opinion, written by Justice Rehnquist, marks a significant departure from prior cases which had severely limited the role of state law in federal reclamation projects. A strongly worded dissent argued that the federal government must follow state law to a limited extent in the …

Conservation, Lifeline Rates And Public Utility Regulatory Commissions, James Jr. Noble

Natural Resources Journal

No abstract provided.

Environmental Considerations In Federal Oil And Gas Leasing On Outer Continental Shelf, Howard Thomas

Natural Resources Journal

No abstract provided.

Reserved Water Rights And Our National Forests, Heidi Topp Brooks

Natural Resources Journal

No abstract provided.

Important Victory Won For Historic Preservation, Alexandra Zavelle Levine

Natural Resources Journal

No abstract provided.

The Forest Service, Nepa, And Clear Cutting, Andrea L. Smith

Natural Resources Journal

No abstract provided.

Coastal States Have Control Of Coastal Resources, Christopher G. Lackmann

Natural Resources Journal

No abstract provided.

Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney

Washington Law Review

Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …

The U.N. Law Of The Sea Conference And The U.S. Congress: Will Pending U.S. Unilateral Action On Deep Seabed Mining Destroy Hope For A Treaty?, Paul N. Jr. Mccloskey, Ronald K. Losch

Northwestern Journal of International Law & Business

The eighth session of the United Nations Law of the Sea Conference convened recently in Geneva, Switzerland. A major unresolved issue at the Conference was the question of international regulation of deep seabed mining. In this article, Representative McCloskey and Attorney Losch discuss U.S. interests in achieving a comprehensive Law of the Sea Treaty, the sometimes conflicting objectives of other nations, and the effect that unilateral action by the U.S. Congress to legislate deep seabed mining could have on the successful completion of a treaty.

United States Ocean Shipping: The History, Development, And Decline Of The Conference Antitrust Exemption, F. Conger Fawcett, David C. Nolan

Northwestern Journal of International Law & Business

Since the beginning of this century, the United States has attempted to regulate the shipping industry through governmental oversight. In this article, Messrs. Fawcett and Nolan examine the Shiping Act of 1916, and consider whether it has been misinterpreted by recent judicial interpretations. The authors conclude that the courts' application of United States antitrust laws to the activities of shipping conferences is contrary to congressional intent and the best interests of the industry and American commerce.

Freight Rates May Discriminate Against Recycled Materials, Martin D. Porter

Natural Resources Journal

No abstract provided.

Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park

Faculty Scholarship

"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.

Geothermal Development And Western Water Law, A. Dan Tarlock, Owen Olpin, Carl F. Austin

Articles by Maurer Faculty

No abstract provided.

No Water For The Woods: A Critical Analysis Of United States V. New Mexico, A. Dan Tarlock, Sally K. Fairfax

Articles by Maurer Faculty

No abstract provided.

Proposed Rules For Administering The Acreage Limitation Of Reclamation Law, Nancy Jones

Natural Resources Journal

No abstract provided.

A Proposed Revision Of Kentucky's Water Rights Legislation, Richard Ausness

KWRRI Research Reports

Kentucky's present system of water law consists of a statutory water withdrawal permit system superimposed upon a body of common-law water rights doctrine. The rights of water users are often uncertain under this system, particularly in periods of water shortage. The proposed revision of Kentucky's existing water rights legislation, would greatly reduce the significance of common-law water rights and would remedy some of the weaknesses in the present statute.

Part 1 of the proposed statute establishes an administrative structure; Part 2 deals with water withdrawal permits; Part 3 retains the present statute's provisions on the regulation of dams and impoundments, …

Tennesee Valley Authority V. Hill: Protection Of Endangered Species Under Section 7 Of The Endangered Species Act Of 1973, Larry Ausherman

Natural Resources Journal

No abstract provided.

Commerce Clause Limitations On A State's Regulation Of Waste Disposal, Charles L. Mcelwee

Natural Resources Journal

No abstract provided.

Emission Standards - Quantification And Liability, Sigrid Olson

Natural Resources Journal

No abstract provided.

New Mexico Supreme Court Upholds Validity Of State Electrical Energy Tax, Scott A. Taylor

Natural Resources Journal

No abstract provided.

Intervention As It May Affect An Environmental Settlement Agreement, Barbara G. Stephenson

Natural Resources Journal

No abstract provided.

Standards Of Adequacy For An Eis For Off-Shore Leasing, William Moyers

Natural Resources Journal

No abstract provided.

Commonwealth V. Barnes & Tucker Co.--The Burden Of Treating Acid Mine Drainage, Michael E. Winck

West Virginia Law Review

On February 28, 1977, the Supreme Court of Pennsylvania decided the case of Commonwealth v. Barnes & Tucker Co. That decision resolved a lengthy controversy over the issue of responsibility for the abatement of acid mine drainage emanating from an inactive deep coal mine which was owned and once operated by Barnes and Tucker Co. The Supreme Court's decision, requiring the company to bear the responsibility for the treatment of the discharge, is significant. It illustrates not only the strength of Pennsylvania's commitment to a clean environment, but also the ability of the state to act in furtherance of that …

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

Articles

The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.