Center For Biological Diversity V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater,
2018
William & Mary Law School
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 …
Friends Of Animals V. United States Fish & Wildlife Service,
2018
Alexander Blewett III School of Law at the University of Montana
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Public Employees For Environmental Responsibility V. United States Epa,
2018
Alexander Blewett III School of Law at the University of Montana
Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains
Public Land & Resources Law Review
Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …
A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age,
2018
Benjamin N. Cardozo School of Law
A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce
Cardozo Law Review
No abstract provided.
Recent Developments In Marine Insurance Law And Consequences For Iran,
2018
Dalhousie University Schulich School of Law
Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd
LLM Theses
The United Kingdom Insurance Act 2015 entered into force on 12 August 2016. It introduced major changes to some provisions of the Marine Insurance Act 1906 which has been the principal model for establishing marine insurance law and practice not only in common law jurisdictions, but also in some civil law countries. The main areas of change are the duty of fair presentation, warranties, insurer’s remedies for fraudulent claims and damages for the late payment of claims. This thesis investigates how uniformity in international marine insurance law can be promoted by virtue of the new changes in English law and …
Murr And Wisconsin: The Badger State's Take On Regulatory Takings,
2018
Marquette University Law School
Murr And Wisconsin: The Badger State's Take On Regulatory Takings
Marquette Law Review
None.
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach,
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick
Nevada Law Journal
No abstract provided.
Current Developments In Indian Water Law And Treaty Rights: Old Promises, Recent Challenges, And The Potential For A New Future,
2018
Alexander Blewett III School of Law at the University of Montana
Current Developments In Indian Water Law And Treaty Rights: Old Promises, Recent Challenges, And The Potential For A New Future, Monte Mills
Faculty Books & Book Chapters
Chapter nine of 64 Rocky Mt. Min. L. Inst. 9-1 (2018).
Unknown Quantity: The Bottled Water Industry And Florida's Springs,
2018
Florida State University College of Law
Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Impaired Waters Rule: Is There A "Method" To The Madness?,
2018
Florida State University College of Law
Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida Water Resource Development: A Call For Statewide Leadership,
2018
Florida State University College of Law
Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher
Florida State University Journal of Land Use and Environmental Law
In his article, Florida Water Resource Development: A Call for Statewide Leadership, Charles R. Fletcher argues that Florida's current drought is due to a lack of statewide leadership in water resource planning and development. In discussing how Florida might improve its system, Mr. Fletcher surveys water resource development in North Carolina, New York, Texas, Kansas, Arizona, and California. These states offer alternatives to Florida's current system, and Mr. Fletcher identifies a number of proposals to effectively increase water resource development in Florida without the need for revision of Florida's administrative water use permitting system.
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead,
2018
Florida State University College of Law
Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard,
2018
University of Florida, Gainesville
Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions,
2018
Florida State University College of Law
The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Florida's Ocean Future: Toward A State Ocean Policy,
2018
Florida State University College of Law
Florida's Ocean Future: Toward A State Ocean Policy, Donna R. Christie
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management,
2018
Florida State University College of Law
Balancing Public Water Supply And Adverse Environmental Impacts Under Florida Water Law: From Water Wars Towards Adaptive Management, Kevin E. Regan
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida,
2018
Florida State University College of Law
Exalting The Corporate Form Over Environmental Protection: The Corporate Shell Game And The Enforcement Of Water Management Law In Florida, Mary Jane Angelo, Charles Lobdell, Tara Boonstra
Florida State University Journal of Land Use and Environmental Law
No abstract provided.
The Tri-State Compact: Falling Waters And Fading Opportunities,
2018
Florida State University College of Law
The Tri-State Compact: Falling Waters And Fading Opportunities, Dustin S. Stephenson
Florida State University Journal of Land Use and Environmental Law
This timely article reviews the history and current status of the Apalachicola-Chattahoochee-Flint River Basin Compact, a tri-state water compact between Alabama, Florida, and Georgia. In the United States, water rights disputes are common in the arid West, where the supply of water is simply not plentiful when compared to the vast area of land; in fact, the western water rights doctrine dates back to the Gold Rush days of the mid 1800's. However, the Southeastern United States, with its humid climate, lush greenery, and plentiful rainfall, has always had an abundant water supply for its needs. Therefore, the region has …
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan,
2018
Florida State University College of Law
Water, Water, Everywhere, But Not Enough To Drink?: A Look At Water Supply And Florida's Growth Management Plan, Dana L. Crosby
Florida State University Journal of Land Use and Environmental Law
This Article discusses water supply problems in Florida, specifically addressing water supply and local and regional planning laws. First, background is provided on Florida's current water situation, including Florida's state and local growth management plans. Additionally, the Article analyzes the role of the water management districts in Florida. The Article examines two factors contributing to Florida's water supply problems: pollution and population growth. Finally, the Article concludes with recommendations to alleviate these water problems, including leadership and coordination in planning, emphasis of regional planning components, further research of the local supply first policy, promotion of conservation, and finally, encouragement of …
