Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality,
2018
Alexander Blewett III School of Law at the University of Montana
Bitterrooters For Planning, Inc. V. Montana Department Of Environmental Quality, Rebecca A. Newsom
Public Land & Resources Law Review
In Bitterrooters for Planning, Inc. v. Montana Department of Environmental Quality, the Montana Supreme Court found that the Montana Department of Environmental Quality did not violate the Montana Environmental Policy Act when the department issued a wastewater discharge permit for a large retail merchandise store. This decision enforced a narrow interpretation of agency requirements under the Montana Department of Environmental Quality Act, focusing only on direct effects with a close causal connection to the agency action.
Micro-Level Interactions In The Compliance Processes Of Transnational Private Governance,
2018
Carleton University
Micro-Level Interactions In The Compliance Processes Of Transnational Private Governance, Graeme Auld, Stefan Renckens
Transnational Business Governance Interactions Working Papers
Transnational private governance has emerged in multiple issue areas to promote responsible business practices. While most studies assess its rule-setting function, much less research has been done on the compliance-assessment function. This chapter examines the various actors that are involved in this process—auditors, individual assessors and, to a lesser extent, accreditors—and their respective interactions. Using the Marine Stewardship Council as an empirical case, the chapter examines the level of competition among accredited auditors and assessors, and the degree of organizational interdependence. It argues that while the number of accredited auditors has increased over time, the degree of competition is rather …
Indigenous Water Justice,
2018
University of Idaho College of Law
Indigenous Water Justice, Barbara Cosens
Articles
Indigenous Peoples are struggling for water justice across the globe. These struggles stem from centuries-long, ongoing colonial legacies and hold profound significance for Indigenous Peoples’ socioeconomic development, cultural identity, and political autonomy and external relations within nation-states. Ultimately, Indigenous Peoples’ right to self- determination is implicated. Growing out of a symposium hosted by the University of Colorado Law School and the Native American Rights Fund in June 2016, this Article expounds the concept of “indigenous water justice” and advocates for its realization in three major trans- boundary river basins: the Colorado (U.S./Mexico), Columbia (Canada/U.S.), and Murray-Darling (Australia). The Article begins …
The Semicommons And Wisconsin Water Quality,
2018
Marquette University Law School
The Semicommons And Wisconsin Water Quality, David A. Strifling
Marquette Intellectual Property Law Review
From the Great Lakes to pristine northern streams, Wisconsin boasts a plentiful and valuable array of water resources. Yet water stress analyses show that this natural capital is deeply threatened in a variety of ways. The pressure results primarily from human activity, ranging from general overuse to colonization by anthropogenically introduced non-native species. Some of the greatest water quality problems, however, are caused by land use practices that lead to polluted runoff from farm fields and urban settings. The onset of climate change has the potential to further exacerbate all of this. These issues, coupled with the failure of existing …
Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change,
2018
University of Idaho College of Law
Introduction To The Special Feature Practicing Panarchy: Assessing Legal Flexibility, Ecological Resilience, And Adaptive Governance In Regional Water Systems Experiencing Rapid Environmental Change, Barbara Cosens
Articles
This special feature presents articles on the cross-scale interactions among law, ecosystem dynamics, and governance to address the adaptive capacity of six watersheds in the United States as they respond to rapid environmental change. We build on work that assesses resilience and transformation in riverine and wetland social-ecological systems across the United States at a variety of scales, levels of development, and degrees of degradation, focusing specifically on the Anacostia River, Central Platte River, Klamath River, Columbia River, Middle Rio Grand River, and the Everglades wetlands. All of these cases involve complex institutional systems, histories involving ecological and social regime …
Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin,
2018
University of Idaho College of Law
Reconciliation Of Development And Ecosystems: The Ecology Of Governance In The International Columbia River Basin, Barbara Cosens
Articles
This article explores the emergence of formal and informal bridging organizations to facilitate solutions to water conflict at the scale of the water resource. This new approach to governance is of particular importance on rivers within or shared by countries in which water management is fragmented among national and sub-national levels of government as well as among governmental sectors. This article focuses on the Columbia River Basin, in the United States and Canada. Review of the Columbia River Treaty governing shared management of the river has opened a public dialogue on river governance. Treaty review coincides with change in both …
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign,
2018
University of Illinois Urbana-Champaign
Cee 433: Water Technology & Policy Syllabus, University Of Illinois At Urbana-Champaign, Ashlynn Stillwell
All ECSTATIC Materials
This document is the syllabus for CEE 433: Water Technology & Policy, by instructor Ashlynn S. Stillwell at the University of Illinois at Urbana-Champaign. The course is an elective class, open to upper-level undergraduate and graduate students.
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage,
2018
American University Washington College of Law
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, Ben Juvelier
American University International Law Review
No abstract provided.
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin,
2018
University of Idaho, College of Law
Incorporating Social System Dynamics In The Columbia River Basin: Food-Energy-Water Resilience And Sustainability Modeling In The Yakima River Basin, Barbara Cosens
Articles
In the face of climate change, achieving resilience of desirable aspects of food-energy-water (FEW) systems already strained by competing multi-scalar social objectives requires interdisciplinary approaches. This study is part of a larger effort exploring “Innovations in the Food-Energy-Water Nexus (INFEWS)” in the Columbia River Basin (CRB) through coordinated modeling and simulated management scenarios. Here, we focus on a case study and conceptual mapping of the Yakima River Basin (YRB), a sub-basin of the CRB. Previous research on FEW system management and resilience includes some attention to social dynamics (e.g., economic and governance systems); however, more attention to social drivers and …
Rainwater Harvesting In Colorado And The Quandary Of A Taking,
2018
Wheaton College
Rainwater Harvesting In Colorado And The Quandary Of A Taking, Stephen N. Bretsen
Texas A&M Journal of Property Law
Although rainwater harvesting would appear to be a win-win solution to the problem of developing new sources of water, implementing rainwater harvesting in the American West has been fraught with tensions that have pitted rural farmers and other agricultural interests against urban and suburban homeowners. The water law of the western states is based on the prior appropriation doctrine, which creates a “first in time, first in right” system of water rights tied to when a user diverts surface water for beneficial use. Since water rights are property rights, state statutes and regulations that “go too far” in affecting them …
Indigenous Rights To Water & Environmental Protection,
2018
University of Washington School of Law
Indigenous Rights To Water & Environmental Protection, Robert T. Anderson
Articles
This article examines the rights of Indian nations in the United States to adequate water supplies and environmental protection for their land and associated resources. Part I of this article provides a brief background on the history of federal-tribal relations and the source and scope of federal obligations to protect tribal resources. Part II reviews the source and nature of the federal government’s moral and legal obligations to Indian tribes, which are generally referred to as the trust responsibility. Indian reserved water rights and the difficulty tribes experience in protecting habitat needed for healthy treaty resources is discussed in Part …
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?,
2018
S.J. Quinney College of Law, University of Utah
Drought And Public Necessity: Can A Common-Law "Stick" Increase Flexibility In Western Water Law?, Robin Kundis Craig
Texas A&M Law Review
Drought is a recurring—and likely increasing—challenge to water rights administration in western states under the prior appropriation doctrine, where “first in time” senior rights are often allocated to non-survival uses such as commercial agriculture, rather than to drinking water supply for cities. While states and localities facing severe drought have used a variety of voluntary programs to reallocate water, these programs by their very nature cannot guarantee that water will in fact be redistributed to the uses that best promote public health and community survival. In addition, pure market solutions run the risk that “survival water” will become too expensive …
Continued Turbulence In "Waters Of The United States",
2018
Stites and Harbison, PLLC
Continued Turbulence In "Waters Of The United States", William T. Gorton Iii
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Interpretations Of The Clean Water Act Are As Muddy And Polluted As The Water The Act Seeks To Protect,
2018
University of Kentucky
Interpretations Of The Clean Water Act Are As Muddy And Polluted As The Water The Act Seeks To Protect, Lauren Keeler
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Safe Drinking Water In The U.S.: A Prediction Of When The Entire U.S. Population Will Have Access To Safe Drinking Water,
2018
University of Nevada, Las Vegas
Safe Drinking Water In The U.S.: A Prediction Of When The Entire U.S. Population Will Have Access To Safe Drinking Water, Blossom Hamika, Haley Merrill, Zoyla Orellana
Math 365 Class Projects
This research is to show when all of the U.S. will have access to safe drinking water.
New Water For Water Dispute Resolution,
2018
Arizona State University at the Tempe Campus
New Water For Water Dispute Resolution, Rhett B. Larson
Texas A&M Journal of Property Law
Water scarcity often leads to water disputes. New water supplies—such as bulk water imports, desalination, cloud seeding, or increased stream flows from improved forest management—can mitigate water scarcity and thus help avoid water disputes. However, new water supplies can also aggravate water disputes if not developed in concert with legal reforms. This Article evaluates the role of new water in two cases of water disputes in arid regions and proposes legal reforms to promote new water as a means of water dispute resolution. The first case is the adjudication of water rights in the Gila River basin in Arizona. Improved …
Keeping Power In Charge: Federal Hydropower And The Downstream Environment,
2018
University of New Mexico - School of Law
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Faculty Scholarship
This article examines legal issues regarding hydropower, fish and wildlife at federal water projects in the West. It begins by briefly explaining the legal and institutional framework for federal water projects that generate hydropower. The following section summarizes relevant laws and policies for fish and wildlife protection in relation to federal hydropower operations, focusing primarily on the application of the ESA in this context. The article then considers the case of Glen Canyon Dam, where the Bureau and the National Park Service recently adopted a new operating plan after an extensive review that addressed hydropower, the needs of two very …
Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies,
2018
Claremont Colleges
Adapting To The Changing Tide: An Evaluation Of California’S Drought Policies And Future Mitigation Strategies, Lauren Dorsey
CMC Senior Theses
California endured an extreme and prolonged drought from 2012 until the winter of 2017, offering a fascinating yet tragic example of how drought impacts lives. Despite this recent and stark phenomenon, there is surprisingly little information about its effects and implications. This thesis aims to lessen this knowledge gap by asking how severe the drought was, how well the state responded, and what policies would increase California’s water security. It answers these questions by exploring the Golden State’s long and complicated water management history, which is necessary to understand the current drought policy framework; then, it collects the emerging literature …
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond,
2018
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Edging Towards Principled Ocean Governance: Law Of The Sea And Beyond, David Vanderzwaag
Articles, Book Chapters, & Popular Press
Elisabeth Mann Borgese is well known for her commitment to advancing the legal order for the improved regulation of the world’s oceans. Her advocacy with respect to the United Nations Convention on the Law of the Sea (UNCLOS) is the subject of other essays in this volume. However, in the decades since 1982, legal principles, sometimes linked to provisions in treaties, have become critical in the global quest for sustainable seas and healthy coastal communities. Principles, such as precautionary and ecosystem approaches, have influenced the negotiation, implementation, and interpretation of international agreements. They may also guide national ocean law and …
Collaborative Strategies For Sea Level Rise Adaptation In Hampton Roads, Virginia,
2018
Old Dominion University
Collaborative Strategies For Sea Level Rise Adaptation In Hampton Roads, Virginia, Carol Considine, Emily Steinhilber
Engineering Technology Faculty Publications
[Introduction] The Hampton Roads region is located in southeastern Virginia where the Chesapeake Bay meets the Atlantic Ocean. The region includes seventeen municipal governments and has a large federal government presence with 26 federal agencies represented (See Figure 1). The region has a population that exceeds 1.7 million and is home to the deepest water harbor on the U.S. East Coast. Hampton Roads' economy is dependent on the local waterways and houses the world's largest naval facility, the sixth largest containerized cargo complex and supports a thriving shipbuilding and repair industry as well as a tourism industry. However, the region's …
