Hawai'i Wildlife Fund V. County Of Maui,
2018
Alexander Blewett III School of Law at the University of Montana
Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler
Public Land & Resources Law Review
In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also concluded the …
Survey Of Legal Mechanisms Relating To Groundwater Along The Texas-Mexico Border,
2018
Texas A&M University School of Law
Survey Of Legal Mechanisms Relating To Groundwater Along The Texas-Mexico Border, Jessica Foster
EENRS Program Reports & Publications
The purpose of this study is to present a factual picture of the multiple groundwater governance frameworks that cover the same transboundary aquifers on the Texas-Mexico border. The study can then serve as a foundation to support future research and as a reference for those sharing groundwater resources on the border to use in considering whether and how to coordinate management. Currently, Texas A&M School of Law, the Bush School of Government and Public Service at Texas A&M University, and the Texas Water Resources Institute are collaboratively pursuing a larger interdisciplinary project, and the study presented in this report is …
King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018),
2018
University of Nevada, Las Vegas -- William S. Boyd School of Law
King, P.E. V. St. Clair, 134 Nev. Adv. Op. 18 (Mar. 29, 2018), Joseph K. Fabbi
Nevada Supreme Court Summaries
There must be clear and convincing, substantial evidence that a real property owner intentionally abandoned his water rights in order for the Court to find he actually abandoned them.
National Association Of Manufacturers V. Department Of Defense,
2018
Alexander Blewett III School of Law at the University of Montana
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land & Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement,
2018
American University Washington College of Law
Serving Pets In Poverty: A New Frontier For The Animal Welfare Movement, Amanda Arrington, Michael Markarian
Sustainable Development Law & Policy
No abstract provided.
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals,
2018
American University, Washington College of Law
How Fast Is Too Fast? Osha’S Regulation Of The Meat Industry’S Line Speed And The Price Paid By Humans And Animals, Israel Cook
Sustainable Development Law & Policy
No abstract provided.
The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development,
2018
American University, Washington College of Law
The Farts Heard ‘Round The World: Where Cow-Tapping Falls On The International Agenda Of Sustainable Development, Alexandra C. Nolan
Sustainable Development Law & Policy
No abstract provided.
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators,
2018
American University, Washington College of Law
This Is Not The Bee’S Knees: A Critical View Of The Government’S Lack Of Policy To Conserve The Pollinators, Savannah Pugh
Sustainable Development Law & Policy
No abstract provided.
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected,
2018
American University Washington College of Law
Legislative Efforts To Increase State Management For Imperiled Species Should Be Rejected, Stephanie Kurose
Sustainable Development Law & Policy
No abstract provided.
Anthropogenic Noise And The Endangered Species Act,
2018
American University, Washington College of Law
Anthropogenic Noise And The Endangered Species Act, Carolyn Larcom
Sustainable Development Law & Policy
No abstract provided.
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry,
2018
Lewis & Clark Law School
Cruelty To Human And Nonhuman Animals In The Wild-Caught Fishing Industry, Kathy Hessler, Rebecca Jenkins, Kelly Levenda
Sustainable Development Law & Policy
No abstract provided.
The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices,
2018
American University Washington College of Law
The “Fowl” Practice Of Humane Labeling: Proposed Amendments To Federal Standards Governing Chicken Welfare And Poultry Labeling Practices, Latravia Smith
Sustainable Development Law & Policy
Chickens raised specifically for meat production are the world’s most intensively farmed land animals. Yet, the existing legal frameworks that regulate the production and labeling of poultry products in the United States allow poultry producers to mistreat chickens, falsely distinguish poultry products, and defraud conscious consumers. This article proposes unique opportunities to improve poultry welfare in the United States’ agricultural industry and offers methods to ensure the accurate labeling of poultry products.
Cafos: Plaguing North Carolina Communities Of Color,
2018
American University Washington College of Law
Cafos: Plaguing North Carolina Communities Of Color, Christine Ball-Blakely
Sustainable Development Law & Policy
No abstract provided.
About Sdlp,
2018
American University Washington College of Law
Editor's Note,
2018
American University Washington College of Law
Editor's Note, Luke Trompeter, Ingrid Lesemann
Sustainable Development Law & Policy
No abstract provided.
Indus Basin Water Management Under International Law,
2018
Advocate Supreme Court of Pakistan
Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi
University of Miami International and Comparative Law Review
The management of international watercourses is a prominent global issue, owing to the rapid growth of water scarcity worldwide. This issue is particularly dominant in the Indus Basin, which India and Pakistan share. Both states use the water of the Indus Basin for irrigation, hydropower generation, and multiple other purposes. However, certain Indian water management projects are threatening the current water management infrastructure in Pakistan by substantially obstructing the flow of water in the Pakistani western rivers. In this regard, the Indus Waters Treaty provides recommendations to both states for adequately managing the Indus waters. Moreover, there are several principles …
Covariant Risk And Nutrient Credit Training,
2018
University of Maryland Francis King Carey School of Law
Covariant Risk And Nutrient Credit Training, Brian Sawers
Maryland Law Review Online
Every summer, a dead zone is created in the Chesapeake Bay. The dead zone is created by too much of a good thing: nutrients, especially nitrogen and phosphorus. The largest source of excess nutrients in the Chesapeake is agriculture; manure and artificial fertilizers are washed into streams that eventually reach the bay. In the bay, nitrogen and phosphorus create an algae bloom, which consumes all the dissolved oxygen. Some fish escape, but other creatures expire in this dead sea within the Chesapeake Bay.
To reduce the excess nutrients reaching the bay, several states are experimenting with nutrient credit trading. A …
Wyoming V. Zinke,
2018
Alexander Blewett III School of Law at the University of Montana
Wyoming V. Zinke, Jaclyn Van Natta
Public Land & Resources Law Review
In Wyoming v. Zinke, the Bureau of Land Management attempted to update a regulation governing hydraulic fracturing from the 1980s, but oil and gas industry companies opposed, and brought suit. The district court held in favor of the industry petitioners, and the Bureau of Land Management and citizen group intervenors appealed. In the wake of appeal, Donald J. Trump became President of the United States. The administration change caused the Bureau of Land Management to alter its position and align with the new administration. Secretary of the Interior, Ryan Zinke, via executive order, began rescinding the new fracking regulation, …
Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty,
2018
Pepperdine University
Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi
Pepperdine Dispute Resolution Law Journal
Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that it is only …
Albuquerque Journal Interviews Reed Benson, Supreme Court Hears Nm-Texas Water Dispute,
2018
University of New Mexico - School of Law
Albuquerque Journal Interviews Reed Benson, Supreme Court Hears Nm-Texas Water Dispute, Reed D. Benson
Faculty Scholarship
Article by Michael Coleman
Quote:
Reed Benson, a University of New Mexico professor specializing in water law, said the Supreme Court’s task in deciding the U.S. government’s role is “very legalistic – very much a technical reading of what is and is not in the compact.”
“I actually have thought that New Mexico’s chances in front of the nine justices may be a little bit better than some people thought,” Benson said. “Some of those justices may be persuaded by the plain text argument – that New Mexico’s obligations are measured at Elephant Butte and once New Mexico delivers to …
