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Articles 781 - 810 of 4298

Full-Text Articles in Water Law

The Shrinking Reach Of The Commerce Power: Is Wetland Jurisdiction In Danger?, Jonathan G. Hieneman Mar 2021

The Shrinking Reach Of The Commerce Power: Is Wetland Jurisdiction In Danger?, Jonathan G. Hieneman

Journal of Natural Resources & Environmental Law

No abstract provided.


Federal Groundwater Regulation And Policy: Improvements Under The Horizon?, Allyn G. Turner Mar 2021

Federal Groundwater Regulation And Policy: Improvements Under The Horizon?, Allyn G. Turner

Journal of Natural Resources & Environmental Law

No abstract provided.


The Storm Water Regulatory Scheme: Washing An Industry Down The Drain?, Kathy G. Beckett, Becky L. Jacobs Mar 2021

The Storm Water Regulatory Scheme: Washing An Industry Down The Drain?, Kathy G. Beckett, Becky L. Jacobs

Journal of Natural Resources & Environmental Law

No abstract provided.


How The Energy And Water Development Appropriations Act Of 1993 Has. Impacted The Constitutional Dynamics Of Federal Wetlands Delineation And Regulation, James J. S. Johnson, William Lee Logan Iii Mar 2021

How The Energy And Water Development Appropriations Act Of 1993 Has. Impacted The Constitutional Dynamics Of Federal Wetlands Delineation And Regulation, James J. S. Johnson, William Lee Logan Iii

Journal of Natural Resources & Environmental Law

No abstract provided.


Acid Mine Drainage: Common Law, Smcra, And The Clean Water Act, Caroline Henrich Mar 2021

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 Mar 2021

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 Mar 2021

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 Mar 2021

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 Mar 2021

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 Mar 2021

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 Mar 2021

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 Mar 2021

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 Feb 2021

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 Feb 2021

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 Feb 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 …