Water Resource Management Commons^™

Charting A Course To Conserve 30% Of Freshwaters By 2030, Sandra B. Zellmer

William & Mary Law Review

One of President Biden’s earliest executive orders established an ambitious national goal to conserve at least 30 percent of U.S. lands, waters, and oceans by 2030. The Biden administration is not alone; over 100 countries support this goal as a means of combating climate change and slowing the pace of species extinction, both of which are accelerating at a rate that is unprecedented in history.

Despite its vow to pursue a wide-sweeping, all-of-government approach, Biden’s 30 by 30 initiative overlooks a critical component of the conservation goal—it pays virtually no attention to freshwater. Freshwater ecosystems are among the most endangered …

Quality Control: Potomac Riverkeeper V. Wheeler & Standards For Qualitative Citizen Water Quality Data In Virginia, Jacqueline Goodrum

William & Mary Environmental Law and Policy Review

This Article explores the issue of quality of citizen data through the lens of Potomac Riverkeeper v. Wheeler, a recent impaired waters listing case concerning the Shenandoah River in Virginia. Part I of this Article provides a brief overview of citizen science data in regulation and policymaking under the CWA. Part II discusses Potomac Riverkeeper v. Wheeler, examining Virginia’s water quality-related data standards and DEQ’s use (and non-use) of citizen water quality-related data and information in that case. Finally, Part III argues that Virginia should establish clear, reasonable, and specific data quality standards for qualitative citizen data so …

Casting Pearls Before Swine: Why The Public's Darling Right To Pollute Should Have Been Overturned In Recent Scova Decision, Thummim Park

William & Mary Environmental Law and Policy Review

This Note calls for the Virginia Supreme Court to recognize that a city’s right to freely pollute the public waterways is no longer valid under the Virginia Constitution, and to recognize that the line of Darling cases granting municipalities the public right to pollute waterways should have been overturned.

Part I will set out the foundation for this Note. It will discuss the background of Johnson v. City of Suffolk, laying the context for this Note’s discussion. Part II will engage in an analysis of the rationale for Darling. It will contextualize and compare it to current understandings …

New Strategies For Groundwater Litigation In Texas, Amy Hardberger

William & Mary Environmental Law and Policy Review

This Article evaluates the evolution of the understanding of groundwater rights since the Day decision and assesses the relative power of property rights in groundwater that have emerged and what can be done to equalize resulting inequities. Part I reviews the current state of groundwater ownership rights and includes a brief history of litigation that led to that point. Part II explains the authority and obligations of groundwater conservation districts, which create a regulatory overlay on the common law vested rights through permitting rules and the statewide planning process. Part III summarizes the history of constitutional challenges litigated after the …

Not Approved For Human Consumption: A Study Of The Denmark Water Crisis, A Call For Reforming The Swda, And A Demand For Community Lawyering In Rural America, Matthew Woodward

William & Mary Environmental Law and Policy Review

Over the past four decades, nine million Americans have ingested dangerous drinking water from a trusted source: their own taps. Each year, “an estimated 16.4 million cases of acute gastroenteritis” are linked to public drinking water. For many Americans, drinking water—perhaps the most important cornerstone of human health—has become cause for concern.

In Flint, Michigan, this concern turned to panic. In 2014, after toddlers began developing painful skin conditions, children fell seriously ill, and tap water emerged in the form of thick, orange-brown sludge, the people of Flint began to wonder: is there something in the water? What soon became …

Protecting Water Quality In Virginia: Recommendations To Combat Sea Level Rise And Increased Storm Events, Madhavi Kulkarni

Virginia Coastal Policy Center

Impairment of Virginia waters is tied to coastal storm hazards and sea level rise because excess floodwaters are contaminated by flood-exposed industrial and residential facilities, and these toxic floodwaters flow into the state’s water bodies. In Virginia, thousands of industrial facilities can potentially be subjected to the effects of stormwater flooding, hurricane storm surge, and sea level rise, in turn affecting water quality. Failing or unmaintained septic systems also pose a major threat to the quality of Virginia waters that increases with recurrent inundation by flood waters. A combination of changes to law and policy and investment in infrastructure are …

An Emerging Containment Of (Legal) Concern: Pfas Legal Issues At The State And Federal Level, Michael S. Heard Snow, Conor M. Jennings

Virginia Coastal Policy Center

Per- and polyfluoroalkyl substances, or PFAS, are a class of man-made industrial chemicals that have been widely used in a variety of ways, primarily in water-resistant coatings and fire-fighting foam. Their widespread use has led to broad contamination threats to human drinking water sources, including surface and groundwater. As a result, they are an emerging contaminant of concern that are swiftly turning into a global health threat on the forefront of regulatory and policy debates. PFAS have been detected in both aquatic life and humans, and research is increasingly clear that there are concrete health risks to excessive exposure. Currently …

Balancing Act: Water Quality Protection And Flood Resilience, Samatha Becker

Virginia Coastal Policy Center

Flood resilience efforts and laws designed to protect water quality may not always be compatible under current Virginia law. This paper will discuss two examples in particular. First, there can be tensions between the water quality goals under the Chesapeake Bay Preservation Act and efforts to conduct flood resilience projects within 100 feet of the shoreline in Tidewater Virginia. Second, there are significant challenges faced by localities seeking to comply with the Virginia Stormwater Management Program, while also continuing to mitigate the impacts of flooding. These two examples stem from the larger question facing Virginia: as flooding increases, how does …

Water Supply Management In Virginia: Lessons From The West Coast, Kristin Mccarthy

Virginia Coastal Policy Center

This paper first provides a brief overview of the two main water rights doctrines: riparian rights in the east, and prior appropriation in the west, with special emphasis on Virginia’s and California’s water laws. This paper next looks at particularly relevant water supply solutions, including bringing the agriculture industry to the table, implementing aquifer storage and recovery and groundwater trading programs, embracing “One Water” plans, and expanding water budgeting laws in the state. Each section first examines the actions that Virginia has already undertaken, before highlighting examples of success in the west and making recommendations for ways in which Virginia …

Phase Ii Ms4 Permit Requirements: A Survey Of Public Education And Outreach & Public Involvement And Participation Efforts, Connor Jennings, Donnie Autry

Virginia Coastal Policy Center

Under the Clean Water Act (CWA), various types of stormwater discharges must be regulated through the National Pollutant Discharge Elimination System (NPDES) permitting program, since the water often flows untreated into local waterways and potentially could contain high levels of pollution and contaminants. Municipal Separate Storm Sewer Systems (MS4s) consist of any conveyance designed to collect or convey stormwater (e.g., storm drains, underground pipes, gutters, curbs) that are not part of a combined sewer system or water treatment plant. Generally, these systems are owned by municipalities but can also include large users such as public universities, hospitals, and military bases. …

When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs

William & Mary Environmental Law and Policy Review

It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

William & Mary Environmental Law and Policy Review

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

Groundwater Injection Projects: Mitigating The Risk Of Emerging Contaminants, Conor Jennings

Virginia Coastal Policy Center

The Hampton Roads region is one of the fastest growing population centers in Virginia, meaning that demand for clean drinking water is only increasing. In response to this growing problem, the Hampton Roads Sanitation District (HRSD), whose mission is to treat the region’s wastewater, has developed and begun to implement the Sustainable Water Initiative for Tomorrow (SWIFT) project to better reclaim treated wastewater by directly injecting it into the aquifer. Currently, HRSD’s treated wastewater is simply released into surface waters but this process does not help replenish the aquifer because the natural replenishment of the underground aquifer through surface water …

Waterfront Property Rights: The Potential Impact Of Government Projects, Emily Messer

Virginia Coastal Policy Center

No abstract provided.

Keeping The Clean Water Act Cooperatively Federal—Or, Why The Clean Water Act Does Not Directly Regulate Groundwater Pollution, Damien Schiff

William & Mary Environmental Law and Policy Review

No abstract provided.

Translating Legal Norms Into Quantitative Indicators: Lessons From The Global Water, Sanitation, And Hygiene Sector, Sharmila L. Murthy

William & Mary Environmental Law and Policy Review

No abstract provided.

California Rushes In—Keeping Water Instream For Fisheries Without Federal Law, Paul Stanton Kibel

William & Mary Environmental Law and Policy Review

No abstract provided.

Water Supply Planning In Virginia: The Future Of Groundwater And Surface Water, Jonathon Lubrano, Jeffrey Moore

Virginia Coastal Policy Center

This paper begins by exploring the current state of water resources planning and permitting. Then, considers current water demand in Virginia, as well as future challenges. Next is an examination of management structures from other states and a discussion of potential solutions to the water scarcity issue, including wastewater purification, the Hampton Roads Sanitation District’s (HRSD) Sustainable Water Initiative For Tomorrow (SWIFT) project, and desalination. The paper concludes with various next steps and policy recommendations that the Commonwealth should consider as dwindling water resources could hamper economic growth and threaten drought conditions, such as regional planning to achieve the optimal …

Report To The Governor And The Chairmen Of The House Committee On Agriculture, Chesapeake And Natural Resources And The Senate Committee On Agriculture, Conservation And Natural Resources, Pursuant To House Bill 1774, Commonwealth Center For Recurrent Flooding Resiliency

Virginia Coastal Policy Center

This report was required by House Bill 1774 (2017), in which the General Assembly requested that the Commonwealth Center for Recurrent Flooding Resiliency convene a workgroup to study the administration of the Commonwealth’s current stormwater management program, as well as the potential treatment and use of water in roadside ditches in rural, Tidewater Virginia localities.

Under the Virginia Stormwater Management Act, the Department of Environmental Quality administers stormwater management requirements for any localities that opt out of becoming a Virginia Stormwater Management Program authority, but only for land disturbances of one acre or more that are covered by the Virginia …

Water, Lead, And Environmental Justice: Easing The Flint Water Crisis With A Public Water Contamination Liability Fund, Jonathon Lubrano

William & Mary Environmental Law and Policy Review

No abstract provided.

Changing Tides In Water Management: Policy Options To Encourage Greater Recycling Of Fracking Wastewater, Romany M. Webb

William & Mary Environmental Law and Policy Review

The U.S. has recently experienced a domestic energy renaissance, made possible by technological advances, enabling the development of unconventional oil and gas resources. Vital to this development is hydraulic fracturing (“fracking”), whereby fluid is injected underground at high pressure to fracture the rock, thereby enabling the flow of oil and gas. Fracking has recently faced growing opposition with many concerned about its environmental impacts, particularly its potential to adversely affect water resources, because fracking uses vast amounts of fresh water that ends up as contaminated wastewater. Most of this wastewater is disposed of through underground injection, resulting in its permanent …

A Fix For A Thirsty World - Making Direct And Indirect Reuse Legally Possible, Heather Payne

William & Mary Environmental Law and Policy Review

Reliably providing safe drinking water to the public is an essential function of state and local governments. Across the United States, government officials and public water system managers are exploring mechanisms for ensuring water security. One method for increasing public drinking water security that has garnered the attention of water officials and the public is returning treated wastewater to the drinking water supply. However, in the absence of federal regulations on water reuse, states need guidance to develop the statutory framework necessary to make potable reuse legal. This Article details the processes of direct and indirect potable reuse and reviews …

The 2016 Stormwater Bill: An Analysis Of Perceived And Real Problems With Proposed Solutions, Jonathon R. Lubrano, Elizabeth A. Andrews, Roy A. Hoagland

Virginia Coastal Policy Center

No abstract provided.

Working Waterfronts: On History, Conflicts, And Finding A Balance Case Studies Of The Lynnhaven River, The Ware River, And The Eastern Shore Of Virginia, Noah Trombly, Derek Van De Walle, Chelsea Wilkins

Virginia Coastal Policy Center

No abstract provided.

Hampton Roads Sanitation District’S Sustainable Water Initiative For Tomorrow Proposal, Patrick Harner, Alexa Pecht, Emily Tucker

Virginia Coastal Policy Center

No abstract provided.

Climate Change And The Chesapeake Bay Total Maximum Daily Load: Policy Priorities And Options, Joseph Kurt, Victor Unnone

Virginia Coastal Policy Center

No abstract provided.

The Snakehead War: Administrative Rule-Making And Legislative Strategies To Minimize Destruction By The Northern Snakehead, Joshua Rice

William & Mary Environmental Law and Policy Review

No abstract provided.

Aransas Project V. Shaw: The Fifth Circuit’S Incorrect And Attenuated Proximate Cause Analysis On What Killed The Whooping Crane, Brian Reagan

William & Mary Environmental Law and Policy Review

No abstract provided.

Litigation Against Fracking Bans And Moratoriums In The United States: Exit, Voice And Loyalty, Christopher J. Hilson

William & Mary Environmental Law and Policy Review

A number of U.S. states, counties and municipalities have responded to the public health and environmental concerns surrounding fracking by imposing bans or moratoriums on unconventional oil and gas drilling. These restrictions have, in recent years, given rise to litigation challenges by oil and gas companies and by property owners deprived of potential revenues. The current Article begins by examining precisely who has litigated. Have large companies dominated or is it mostly smaller independents? Is there a difference in litigation rates between private and public companies? The Article then considers how Hirschman’s ideas of exit, voice and loyalty might apply …

Coercing Collaboration: The Chesapeake Bay Experience, Jamison E. Colburn

William & Mary Environmental Law and Policy Review

This Article uses a detailed case study of the Chesapeake to describe an emergent model of intergovernmental administration tailored to address our largest-scale environmental problems. The Obama EPA’s “total maximum daily load” (“TMDL”) in the Chesapeake has yet to be replicated. But it should be. The TMDL and its supporting norms were unique as an operational plan, achieving a level of transparency, accountability, means/ends rationality, and continuous improvement that were unprecedented at its scale. And whether this model can be replicated elsewhere turns out to be as much a question of law as of politics.