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Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis 2023 Golden Gate University School of Law

Sackett V. U.S. Environmental Protection Agency: "Waters Of The United States" Defined By 0.63 Acres, Brian Gillis

Golden Gate University Law Review

This case note analyzes Sackett v. U.S. Env’t Prot. Agency, 8 F.4th 1075, 1080 (9th Cir. 2021), a case wherein the U.S. Court of Appeals for the Ninth Circuit set forth the proper test for determining whether wetlands are “waters of the United States” within the meaning of the Clean Water Act (33 U.S.C. §1251 et seq. (1972)). In 2007, the Sacketts had purchased a 0.63 acre lot in Idaho, obtained building permits, and began constructing a house, which resulted in the deposit of sand and gravel in areas of standing water on the property. Soon thereafter, the Environmental …


Table Of Contents, Seattle University Law Review 2023 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland 2023 Roger Williams University School of Law

Law School News: Rake To Plate: Rwu Law Students Dive Into The Clamming Industry 10-4-2023, Grace Boland

Life of the Law School (1993- )

No abstract provided.


Water Quality: Successes, Shortcomings, And The Future, Jaley F. Adkins 2023 University of Louisville

Water Quality: Successes, Shortcomings, And The Future, Jaley F. Adkins

The Cardinal Edge

No abstract provided.


Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, McKenzie Franck 2023 Elisabeth Haub School of Law at Pace University

Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck

Pace International Law Review

The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …


Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape III 2023 American University Washington College of Law

Prioritizing Regional Wildlife Conservation By Rejuvenating The Western Hemisphere Convention On Nature Protection, Shade Streeter, David Hunter, William Snape Iii

Sustainable Development Law & Policy

Last year, parties to the Convention on Biological Diversity (“CBD”), representing nearly every nation, signed a milestone agreement committing, among other things, to conserve thirty percent of Earth’s lands and oceans to stave off the rapid diminution of the planet’s biodiversity. Implementing these global commitments will require not only strong domestic measures, but also enhanced regional cooperation targeting the conservation of the region’s migratory wildlife and shared resources. Although the United States is the sole major holdout from the CBD, it can still reassert its leadership in regional wildlife conservation by rejuvenating the Convention on Nature Protection and Wildlife Preservation …


Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill 2023 American University Washington College of Law

Unclos, Undrip & Tartupaluk: The Grim Tale Of Hans Isle And Graense, Christopher Mark Macneill

Sustainable Development Law & Policy

“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small …


The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens 2023 American University Washington College of Law

The Great Climate Migration: A Critique Of Global Legal Standards Of Climate-Change Caused Harm, Mariah Stephens

Sustainable Development Law & Policy

Approximately 2.4 billion people, or about forty percent of the global population, live within sixty miles (one hundred kilometers) of a coastline. The United Nations (“U.N.”) determined that “a sea level rise of half a meter could displace 1.2 million people from low-lying islands in the Caribbean Sea and the Indian and Pacific Oceans, with that number almost doubling if the sea level rises by two metres.” The U.N. also reports that “sudden weather-related hazards” have internally displaced an annual average of 21.5 million people since 2008. Within the next few decades, this number is likely to continue to increase. …


The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan 2023 American University Washington College of Law

The Future Of Crypto-Asset Mining: The Inflation Reduction Act And The Need For Uniform Federal Regulation, Liz Guinan

Sustainable Development Law & Policy

Crypto-asset mining is energy-intensive and environmentally harmful, presenting challenges and opportunities for federal, state and local governments, regulators, and society as a whole. As of December 2021, the United States has thirty-eight percent of the global crypto network hash rate, which is the total amount of computational power used to mine and process crypto transactions, making the United States the world’s largest crypto-asset mining industry. The total electricity consumption of crypto-asset mining in the United States is estimated to be around 121.36 terawatt-hours (“TWh”) per year, which is equivalent to the electricity consumption of approximately 10.9 million households in the …


Editors' Note, Rachel Keylon, Meghen Sullivan 2023 American University Washington College of Law

Editors' Note, Rachel Keylon, Meghen Sullivan

Sustainable Development Law & Policy

For more than two decades, the Sustainable Development Law and Policy Brief (“SDLP”) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.


The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric VR Hryniewicz 2023 Dartmouth College

The Flow Of Power: Addressing Asymmetric Flood Risk In The Upper Valley, Eric Vr Hryniewicz

Geography Undergraduate Senior Theses

Floods are the most damaging natural disasters in America. Land use change in upland watersheds can increase the probability and severity of floods (Bronstert, Niehoff, & Burger, 2002). When watersheds are divided by political and private property boundaries it leads to a misalignment of incentives in which downstream users lack recourse for upstream land use decisions contributing to flood risk. In this thesis, researchers interrogate the attributes of town officials and towns that determine what motivates town governments to act on flooding and what motivates and enables town officials to collaborate on planning and how do they collaborate in practice. …


A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam 2023 Villanova University Charles Widger School of Law

A Fraying Patchwork Quilt: International Law And Plastic Pollution, Dr. Gerry Nagtzaam

Villanova Environmental Law Journal

No abstract provided.


On Your Mark, Get Set, Sue: The Fourth Circuit Considers When Citizen Suits Under The Clean Water Act Properly Commence In Naturaland Trust V. Dakota Finance Llc, Sarah A. Moynihan 2023 Villanova University Charles Widger School of Law

On Your Mark, Get Set, Sue: The Fourth Circuit Considers When Citizen Suits Under The Clean Water Act Properly Commence In Naturaland Trust V. Dakota Finance Llc, Sarah A. Moynihan

Villanova Environmental Law Journal

No abstract provided.


Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District, Zachary J. ThummBorst 2023 Villanova University Charles Widger School of Law

Water Justice: The Ninth Circuit Examines The Fair Housing Act In The Context Of Water Services In Southwest Fair Housing Council Inc. V. Maricopa Domestic Water Improvement District, Zachary J. Thummborst

Villanova Environmental Law Journal

No abstract provided.


Idaho Department Of Water Resources’ Amended Snake River Basin Moratorium Order: Survey Of Potential Implications, Jillian Greene 2023 University of Idaho College of Law

Idaho Department Of Water Resources’ Amended Snake River Basin Moratorium Order: Survey Of Potential Implications, Jillian Greene

Idaho Law Review Spotlight

No abstract provided.


Too Simple Rules For A Complex World? Prior Appropriation Water Rights As Natural Rights, Vanessa Casado-Pérez 2023 Texas A&M University School of Law

Too Simple Rules For A Complex World? Prior Appropriation Water Rights As Natural Rights, Vanessa Casado-Pérez

Texas A&M Journal of Property Law

This Article assesses the fit of Professor Claeys’s theory of Natural Property Rights to traditional prior appropriation, the regime that allocates water in the West, and its capacity to fit the future of the regime. Natural Property Rights does not offer clear answers to the conflicts under the prior appropriation doctrine of water when there is scarcity. This Article explores the lack of determinacy of Claeys’s theory and the maladjustment between the theory and some of the foundational prior appropriation principles, which cannot be ignored even in the most stylized form of the regime. In particular, the Article analyzes the …


Oil, Trees, And Water: Evaluating The Transition From Natural Property Rights To Property Conventions, John A. Lovett 2023 Loyola University New Orleans College of Law

Oil, Trees, And Water: Evaluating The Transition From Natural Property Rights To Property Conventions, John A. Lovett

Texas A&M Journal of Property Law

In his new book, Natural Property Rights, Eric Claeys offers a property theory grounded in a person’s ability to make productive or purposive use of a resource and the requirement of clear communication about the extent of a person’s claim to that resource. This Article illustrates some of the normative and practical advantages of Claeys’s theory by using it to explicate three property disputes that have arisen in Louisiana concerning highly contested natural resources—oil, trees, and water. The Article argues that Claeys’s theory illuminates a major focal case in the development of Louisiana’s law of the obligations of neighborhood, …


Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly 2023 University of Montana

Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.


Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson 2023 University of Montana

Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.


Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski 2023 University of Montana

Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski

Public Land & Resources Law Review

In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …


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