Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology,
2020
American University Washington College of Law
Next Verse, Same As The First: Inadequacies In The Government's Legal Approach Toward Biotechnology, Kimberly Righter
Sustainable Development Law & Policy
No abstract provided.
Implementing Kyoto,
2020
Center for International Environmental Law
Implementing Kyoto, Glenn Wiser
Sustainable Development Law & Policy
No abstract provided.
Groundwater Management In The Borderlands Of Mexico And Texas: The Beauty Of The Unknown, The Negligence Of The Present, And The Way Forward,
2020
Texas A&M University School of Law
Groundwater Management In The Borderlands Of Mexico And Texas: The Beauty Of The Unknown, The Negligence Of The Present, And The Way Forward, Rosario Sanchez, Gabriel Eckstein
Faculty Scholarship
Over the last decade, transboundary aquifers traversing the Mexico‐Texas border have generated growing interest of federal institutions on the Mexico side and state and federal institutions on the Texas side. Notwithstanding this, binational efforts to understand, assess, and manage shared groundwater resources remain limited and politically sensitive. On the Mexico side, long‐standing centralized groundwater governance structures have created institutional barriers at the local level to the expansion of knowledge and cooperation over these transboundary resources. On the Texas side, property rights related to groundwater resources limit the scope of options available for cooperative management of cross‐border aquifers. This paper examines …
The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection,
2020
Lewis and Clark Law School
The Wild And Scenic Rivers Act At 50: Overlooked Watershed Protection, Michael C. Blumm, Max M. Yoklic
Michigan Journal of Environmental & Administrative Law
The Wild and Scenic Rivers Act (WSRA) marked its fiftieth anniversary in 2018 without much fanfare. The WSRA has been somewhat overshadowed by the Wilderness Act, which preceded it by four years, and by the National Environmental Policy Act and the pollution control statutes which followed in the 1970s. But the WSRA was a significant conservation achievement, has now extended its protections to over 200 rivers, and has the potential to provide watershed protection to many more in the future. This article explains the statute and its implementation over the last half-century as well as a number of challenges to …
Property, Unbundled Water Entitlements, And Anticommons Tragedies: A Cautionary Tale From Australia,
2020
Adelaide Law School
Property, Unbundled Water Entitlements, And Anticommons Tragedies: A Cautionary Tale From Australia, Paul Babie, Paul Leadbeter, Kyriaco Nikias
Michigan Journal of Environmental & Administrative Law
As water becomes an increasingly scarce resource, a lack of clarity in relation to its use can produce both conflict among and inefficient use by users. In order to encourage markets in water and to ensure the viability and functionality of those markets, governments in many jurisdictions have moved away from commons property as a means of water allocation, and towards systems of private property in water. In doing so, one policy and legal option is “unbundling”, which seeks carefully to define both the entitlement to water and its separation into constituent parts. Advocates claim that unbundling makes water rights …
Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?,
2020
University of Montana
Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.
Subsurface Tension: The Conflicting Laws Of Texas And New Mexico Over Shared Groundwater And New Mexico’S Desire For Regulation,
2020
Texas A&M University School of Law
Subsurface Tension: The Conflicting Laws Of Texas And New Mexico Over Shared Groundwater And New Mexico’S Desire For Regulation, Kameron B. Smith
Texas A&M Law Review
A recent oil boom in Southern New Mexico has resulted in increased hydraulic fracturing operations in the region and, as a result, a steady and reliable supply of water to fuel such operations is required. As New Mexico regulations make it difficult to acquire a steady supply of water within the state, oil and natural gas producers are turning to unregulated areas in Texas, which permit unlimited pumping of groundwater. However, this groundwater is being pumped from the Pecos Valley aquifer, which is the same source of water that New Mexico is regulating within its borders. This issue is only …
Montana Environmental Information Center V. Department Of Environmental Quality,
2020
lexander Blewett III School of Law at the University of Montana
Montana Environmental Information Center V. Department Of Environmental Quality, Anthony P. Reed
Public Land & Resources Law Review
The DEQ renewed a 1999 MPDES Permit on September 14, 2012 that allowed Western Energy Company to discharge pollutants from the Rosebud Mine into streams. Environmental groups MEIC and the Sierra Club sued, arguing this violated both the Montana Water Quality Act and federal Clean Water Act because the DEQ’s interpretation of its own regulations that exempted waters with ephemeral characteristics from water quality standards was arbitrary and capricious. The district court agreed, but the Montana Supreme Court reversed. It held the DEQ’s interpretation was lawful and remanded for further fact finding to assess how the DEQ applied the interpretation …
Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination,
2020
Elisabeth Haub School of Law at Pace University
Omnipresent Chemicals: Tsca Preemption In The Wake Of Pfas Contamination, Frederick A. Mcdonald
Pace Environmental Law Review
Over the past few decades, studies addressing the harms of PFAS have gradually progressed, and now scientists believe increased exposure could lead to reproductive defects and a higher risk of cancer. Given the amplified concern surrounding these pervasive chemicals, states are proactively filing lawsuits on behalf of their citizens and enacting legislation to combat this nation-wide contamination epidemic. However, given the 2016 Amendment to the Toxic Substances Control Act of 1976, states looking to regulate the manufacturing or looking to ratify a state- wide ban on the manufacturing of such chemicals may face preemption under actions taken by the United …
The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes,
2020
University of Idaho, College of Law
The Historical Evolution Of The Methodology For Quantifying Federal Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Articles
From the earliest days of their relationship with the United States, the tribes from the region today referred to as the Northwestern United States have been steadfast in their effort to protect the land, waters, plants, and animals of their traditional homelands. That effort is not coincidental; North America's indigenous people have a singular relationship to the environment they have been a part of for millennia. In particular, they have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual sustenance. As a result, through litigation, restoration, and conservation management, tribes have focused on maintaining …
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes,
2020
University of Idaho, College of Law
Indigenous Rights And Climate Change: The Influence Of Climate Change On The Quantification Of Reserved Instream Water Rights For American Indian Tribes, Dylan R. Hedden-Nicely
Articles
The people indigenous to the Western portion of the lands now referred to as North America have relied on aquatic species for physical, cultural, and spiritual sustenance for millennia. Such indigenous peoples, referred to in the American legal system as Indian tribes, are entitled to water rights for fish habitat pursuant to the Winters Doctrine, which holds that the federal government impliedly reserved water rights for tribes when reservations were created. Recently, the methodology for quantifying these rights has been the Instream Flow Incremental Methodology (IFIM) and/or one of its major components, the Physical Habitat Simulation Model (PHABSIM). These models …
The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat,
2020
University of Idaho, College of Law
The Contemporary Methodology For Quantifying Reserved Instream Flow Water Rights To Support Aquatic Habitat, Dylan R. Hedden-Nicely
Articles
Since time immemorial, indigenous people have relied on the streams of their territory for food, fiber, transportation, recreation, cultural, and spiritual needs. Accordingly, tribal people-particularly those in the region now called the Northwestern United States-placed singular emphasis on preserving their traditional subsistence culture when negotiating with the United States during the reservation era. Although rarely expressed in these treaties, the tribes are nonetheless entitled to water rights sufficient to fulfill these traditional subsistence treaty rights. Of the suite of water rights to maintain traditional uses of water, likely the most commonly claimed is for water to maintain fish habitat. A …
Water Law Be Dammed?: How Dam Construction By Non-Hegemonic Basin States Places Strain On The Customary Law Of Transboundary Watercourses,
2020
American University Washington College of Law
Water Law Be Dammed?: How Dam Construction By Non-Hegemonic Basin States Places Strain On The Customary Law Of Transboundary Watercourses, David Goad
American University International Law Review
No abstract provided.
Northern Plains Resource Council V. United States Army Corps Of Engineers,
2020
Alexander Blewett III School of Law at the University of Montana
Northern Plains Resource Council V. United States Army Corps Of Engineers, Liz M. Forster
Public Land & Resources Law Review
Environmental activist and indigenous rights groups have challenged the validity of the Keystone XL Pipeline since its initial approval in 2010. In April 2020, less than a month after crews broke ground, the opposing groups notched a major win when the United States District Court for the District of Montana revoked a key permit for the project on the grounds that the United States Army Corps of Engineers had inadequately assessed the pipeline’s impact on endangered species.
Acknowledgement,
2020
University of New Mexico - School of Law
Acknowledgement, Melanie Mcnett, Julia Shaver
Natural Resources Journal
No abstract provided.
Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out,
2020
University of Colorado Law School
Dustbowl Waters: Doctrinal And Legislative Solutions To Save The Ogallala Aquifer Before Both Time And Water Run Out, Warigia M. Bowman
University of Colorado Law Review
Eighty-three years after the Dust Bowl, residents of America's High Plains face a dire threat: their primary aquifer faces depletion, and entire sections of the country are set to run out of groundwater by the end of the century or sooner.
The Ogallala Aquifer provides a significant amount of America's agricultural irrigation water and is a primary source of drinking water for Colorado, Kansas, Nebraska, New Mexico, Oklahoma, South Dakota, Texas, and Wyoming.
This Article argues that policymakers should slow the Aquifer's depletion rate by implementing changes to irrigation technology, crop choice, consumer behavior, legal doctrine, and legislation. This Article …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Harmonizing ‘Converted Wetland’ Under The Clean Water Act And Food Security Act Would Reaffirm Congress’S Intent To Limit Epa And Army Corps 404 Jurisdiction,
2020
Kogan Law Group
Harmonizing ‘Converted Wetland’ Under The Clean Water Act And Food Security Act Would Reaffirm Congress’S Intent To Limit Epa And Army Corps 404 Jurisdiction, Lawrence A. Kogan
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Plugging Problems: How States In The Ohio River Basin Can Address Orphan Oil And Gas Wells,
2020
University of Kentucky
Plugging Problems: How States In The Ohio River Basin Can Address Orphan Oil And Gas Wells, Connor Hicks
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
What The Brita Won’T Purify: Why Kentucky Is In Need Of Strict Pharmaceutical Disposal Regulations,
2020
University of Kentucky
What The Brita Won’T Purify: Why Kentucky Is In Need Of Strict Pharmaceutical Disposal Regulations, Caroline K. Mitchell
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
