The Writing And Ratification Of The 1972 Montana Constitution,
2020
University of Montana
The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell
Public Land & Resources Law Review
No abstract provided.
Alice Creek,
2020
University of Montana
Montana (1959 – 1989) Political Evolution — Political Revolution,
2020
University of Montana
Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden
Public Land & Resources Law Review
No abstract provided.
Author Biographies,
2020
University of Montana
Table Of Contents,
2020
University of Montana
Letter From The Editor,
2020
University of Montana
Plrlr Editors And Staff,
2020
University of Montana
Unmuddying The Waters: Evaluating The Legal Basis Of The Human Right To Water Under Treaty Law, Customary International Law, And The General Principles Of Law,
2020
University of Oxford
Unmuddying The Waters: Evaluating The Legal Basis Of The Human Right To Water Under Treaty Law, Customary International Law, And The General Principles Of Law, Ndjodi Ndeunyema
Michigan Journal of International Law
This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general principle …
Regulation Of Lobster Bait Alternatives In New England,
2020
Rhode Island Sea Grant Law Fellow
Regulation Of Lobster Bait Alternatives In New England, Victoria Rosa, Read Porter
Sea Grant Law Fellow Publications
No abstract provided.
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law,
2020
Penn State Law
Come Hell Or High-Water: Challenges For Adapting Pacific Northwest Water Law, Robert T. Caccese, Lara B. Fowler
Pace Environmental Law Review
The Pacific Northwest region of the United States has been recognized as a leader in crafting water laws that work to balance human needs and ecological considerations. However, this region is experiencing changing dynamics that test the strength of existing water policies and laws. Such dynamics include increasing populations, new and exempt uses, quantification of tribal treaty rights, species protection, renegotiation of the Columbia River Treaty, and the impacts of a changing climate. Together, these dynamics are stressing the legal framework, which remains vital to ensuring sustainable water supplies now and into the future. The history behind water resources management …
Pakootas V. Teck Cominco Metals, Ltd.,
2020
Alexander Blewett III School of Law at the University of Montana
Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte
Public Land & Resources Law Review
Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.
Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters,
2020
William & Mary Law School
Concerning Catskill: Missed Opportunity, Broken Precedent And The Plight Of American Waters, Chase Corey
William & Mary Environmental Law and Policy Review
As society progresses and the population grows, uninhibited and unregulated pollution has become a pressing dilemma for current and future generations. Whether it is plastic on the beaches, oil in the oceans, or smog in the air, modern citizens of the Earth face a daily onslaught of visible consequences from the actions of polluters. But what about the not so visible consequences? Every day there is pollution occurring at a microscopic level, yet many are unaware of its presence. This infinitesimal issue is nutrient pollution, and despite its diminutive cause, it is deeply affecting one of the world’s most vital …
Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness,
2020
Oklahoma City University School of Law
Mapping A Way Through Disaster And Emergency Issues Involving Indian Country And The Importance Of Legal Preparedness, Brian T. Candelaria
American Indian Law Journal
No abstract provided.
Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country,
2020
Seattle University School of Law
Out With The New, In With The Old: Re-Implementing Traditional Forms Of Justice In Indian Country, Nicholas R. Sanchez
American Indian Law Journal
No abstract provided.
P2p Lending Can Increase Capital To Capitally Starved Indian Country,
2020
Brigham Young University School of Law
P2p Lending Can Increase Capital To Capitally Starved Indian Country, Craig Nichols
American Indian Law Journal
No abstract provided.
When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State,
2020
Seattle University School of Law
When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer
Seattle Journal of Technology, Environmental, & Innovation Law
What is water right mitigation?
The allocation of surface and ground water resources for out of stream uses via the western water rights doctrine of prior appropriation comes with serious environmental consequences – depletion of streamflow and aquifers. Over-appropriation by water rights has led to deleterious impacts on natural resources, including salmon survival, water quality, and public uses of state waterways.
Because of the over-appropriated condition of Washington’s rivers and aquifers, the issuance of new water rights has until recently required water-for-water or in-kind mitigation, with the goal to directly compensate for deleterious impacts. Historically, the Water Resources Program of …
Part 3: Case Study Appendices To The Technical Reports,
2020
Texas A&M University School of Law
Part 3: Case Study Appendices To The Technical Reports, Seth J. Boettcher, Courtney Gately, Alexandra L. Lizano, Alexis Long, Alexis Yelvington
EENRS Program Reports & Publications
This Case Study Appendix to the Technical Reports expands on regulations in San Antonio and El Paso where these water alternatives are in place. The goal of this report is to provide insight into the legal and regulatory barriers, challenges, and opportunities for these technologies to go online. Each desalination and water recycling faciality implementation site must comply with various laws and regulations. The information in these Case Studies comes from the study of brackish groundwater desalination and water recycling facilities currently operating in Texas. While there is no updated “one-stop-shop” resource where a municipal leader can find a list …
Part 2: Water Recycling Technical Report For Direct Non-Potable Use,
2020
Texas A&M University School of Law
Part 2: Water Recycling Technical Report For Direct Non-Potable Use, Seth J. Boettcher, Courtney Gately, Alexandra L. Lizano, Alexis Long, Alexis Yelvington
EENRS Program Reports & Publications
This Water Recycling Technical Report examines the legal frameworks that affect water recycling in Texas. The goal of this report is to provide insight into the legal and regulatory barriers, challenges, and opportunities for these technologies to go online. Each water recycling implementation site has to find ways of complying with various laws and regulations. The information in this Report comes from the study of water recycling facilities currently operating in Texas, as well as extensive research into available literature and documents from various agencies. While there is no updated “one-stop-shop” resource that provides detailed information on all the necessary …
Part 1: Brackish Groundwater Desalination Technical Report,
2020
Texas A&M University School of Law
Part 1: Brackish Groundwater Desalination Technical Report, Seth J. Boettcher, Courtney Gately, Alexandra L. Lizano, Alexis Long, Alexis Yelvington
EENRS Program Reports & Publications
This Brackish Groundwater Desalination Technical Report examines the legal frameworks that affect desalination in Texas. The goal of this report is to provide insight into the legal and regulatory barriers, challenges, and opportunities for these technologies to go online. Each desalination implementation site has to find ways of complying with various laws and regulations. The information in this Report comes from the study of brackish groundwater desalination facilities currently operating in Texas, as well as extensive research into available literature and documents from various agencies. While there is no updated “one-stop-shop” resource that provides detailed information on all the necessary …
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
