Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause,
2013
University of Maryland Francis King Carey School of Law
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Colonial Property, Private Dams, And Climate Change In Virginia,
2013
Washington and Lee University School of Law
Colonial Property, Private Dams, And Climate Change In Virginia, Jill M. Fraley
Scholarly Articles
Dams have been a significant part of flood prevention and management systems in the United States, dating back to the systematic efforts of the Tennessee Valley Authority and, less systemically, long before that. Dealing with flood management in Virginia presents unique challenges because of a colonial legacy that allows most dams in Virginia to be privately owned. Through a mechanism called King’s Grants, some Virginia landowners hold title not simply to property surrounding a navigable waterway, but also to the soil beneath the river and to dams crossing the river. Such ownership of the soil of large, navigable waterways is …
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue,
2013
Washington and Lee University School of Law
Introduction To Property, History & Climate Change In The Former Colonies Symposium Special Issue, Jill M. Fraley
Scholarly Articles
None available.
Lake Tahoe,
2013
UC Law SF
Adaptation To Climate Change And The Everglades Ecosystem,
2013
Maurice A. Deane School of Law at Hofstra University
Adaptation To Climate Change And The Everglades Ecosystem, Frank Piccininni
Hofstra Law Student Works
The Florida Everglades is a vast and dynamic landscape characterized by pulsing flows of water, iconic wildlife, tree islands, and a complex mosaic of floral assemblages. The Everglades ecosystem was referred to as Payhay- okee, or grassy lake, by the Seminole Indians and has been designated as a World Heritage Site, a Ramsar Convention Wetland of International Importance, and a World Biosphere Reserve. Unfortunately, the “grassy lake” has been transformed into a highly managed network of canals and water management structures designed to reclaim the Everglades for agricultural use and settlement. Recognizing the deleterious impact of water management in the …
Risk And Response In Fracturing Policy,
2013
Florida State University College of Law
Risk And Response In Fracturing Policy, Hannah J. Wiseman
Scholarly Publications
An oil and gas extraction technique called hydraulic fracturing (also called fracing, fracking, or hydrofracking) has swept the country and has raised the stakes of the energy policy debate. As operators drill thousands of new wells and inject water and chemicals down these wells in order to fracture underground shale and tight sandstone formations, concerned citizens’ groups and the media have pointed to flaming tap water and have worried about chemical contamination; at the same time, industry representatives and many state regulators have sworn that the practice has never contaminated groundwater. The outpouring of attention to injection—just one stage of …
A Game-Theoretic Model Of International Climate Negotiations,
2013
Florida State University College of Law
A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Urban Energy,
2013
Florida State University College of Law
Urban Energy, Hannah J. Wiseman
Scholarly Publications
Growing domestic energy development—the extraction of fuels and construction of electricity generation facilities—poses new challenges to a country accustomed to importing much of its energy. As has always been the case, fuel in the form of oil, gas, sunlight, wind, water, or other energy sources must be extracted wherever it happens to be found. Compounding this challenge is the fact that some of our most abundant remaining energy sources exist in low concentrations and are widely distributed. As we tap these sources in ever more numerous locations, energy development bumps up against certain human population centers. The City of Fort …
A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws,
2013
Cleveland State University
A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar
Global Business Law Review
Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …
Getches Wilkinson Center Newsletter, Winter/Spring 2013,
2013
University of Colorado Law School
Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Bee,
2013
UC Law SF
Shale Gas And Clean Energy Policy,
2013
University of Cincinnati College of Law
Shale Gas And Clean Energy Policy, Joseph P. Tomain
Faculty Articles and Other Publications
If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …
Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment,
2013
University of Cincinnati College of Law
Book Review, David R. Boyd, The Environmental Rights Revolution: A Global Study Of Constitutions, Human Rights, And The Environment, Bradford Mank, Suzanne Smith
Faculty Articles and Other Publications
David R. Boyd’s book entitled, The Environmental Rights Revolution: A Global Study of Constitutions, Human Rights, and the Environment, provides a comprehensive overview of nations that have incorporated the right to a healthy environment in their constitutions. Throughout his research, Boyd analyzes the effectiveness of environmental protection provisions in national constitutions and seeks to determine whether constitutional provisions guaranteeing the right to a healthy environment have measurable, positive effects on the environment. His wide-ranging compilation and analysis of environmental rights provisions in numerous countries is an important contribution to international human rights literature. Although Boyd explains that treating the right …
Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution,
2013
University of Maryland Francis King Carey School of Law
Can't You Smell That Smell? Clean Air Act Fixes For Factory Farm Air Pollution, J. Nicholas Hoover
Student Articles and Papers
Massive facilities that keep large numbers of livestock have overtaken small, independent farms as the primary source of meat, eggs, and dairy in the United States. These concentrated animal feeding operations ("CAFOs) compare more to industrial manufacturing operations than to traditional farms, and emit huge quantities of air pollutants that are harmful to public health, sickening people and damaging the environment. The Environmental Protection Agency ("EPA") possesses statutorily provided tools under the Clean Air Act that it uses to regular other polluting industries. However, this article - after reviewing the rise of CAFOs, examining the threats they pose, and surveying …
Reservation And Quantification Of Indian Groundwater Rights In California,
2013
UC Law SF
Reservation And Quantification Of Indian Groundwater Rights In California, Joanna Meldrum
UC Law Environmental Journal
No abstract provided.
Highway 1 Haze,
2013
UC Law SF
Christopher Stevens Tribute,
2013
UC Law SF
Christopher Stevens Tribute, Brian E. Gray
UC Law Environmental Journal
No abstract provided.
The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring,
2013
UC Law SF
The Public Trust Doctrine And Sea Level Rise In California: Using The Public Trust To Restrict Coastal Armoring, Chloe Angelis
UC Law Environmental Journal
No abstract provided.
International Takings: Emergence Of Takings Litigation In Kenya,
2013
UC Law SF
International Takings: Emergence Of Takings Litigation In Kenya, Jane Dwasi
UC Law Environmental Journal
No abstract provided.
Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk,
2013
UC Law SF
Combatting Sea Level Rise In Southern California: How Local Governments Can Seize Adaptation Opportunities While Minimizing Legal Risk, Megan M. Herzog, Sean B. Hecht
UC Law Environmental Journal
No abstract provided.
