Inefficient Efficiency: Crying Over Spilled Water,
2016
Texas A&M University School of Law
Inefficient Efficiency: Crying Over Spilled Water, Vanessa Casado-Pérez
Faculty Scholarship
As the drought in Western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less water-demanding crops and state-of-the-art irrigation systems, in a timely manner. However, these responses can have the reverse effect: they can increase water consumption. Technological responses alone are insufficient to reduce water consumption if unaccompanied by changes in how the law defines and allocates water rights. This paper proposes a redefinition of water rights to ensure that changes in crops or irrigation techniques are socially efficient.
In the West, which uses the doctrine of prior appropriation to …
The Brave New Path Of Energy Federalism,
2016
Vanderbilt University Law School
The Brave New Path Of Energy Federalism, Jim Rossi
Vanderbilt Law School Faculty Publications
For much of the past 80 years courts have fixated on dual sovereignty as the organizing federalism paradigm under New Deal era energy statutes. Dual sovereignty’s reign emphasized a jurisdictional “bright line,” with a fixed, legalistic boundary between federal and state regulators. This Article explores how recent Supreme Court decisions limit dual sovereignty’s role as the organizing federalism principle under energy statutes.
These recent decisions do not approach federal-state jurisdiction as either/or proposition, but instead recognize it is concurrent in certain contexts. Concurrent jurisdiction opens up a brave new path of possibilities for energy federalism but also has been target …
California’S Curse: Perpetual Drought And Persistent Land Development,
2016
University of San Diego
California’S Curse: Perpetual Drought And Persistent Land Development, Gabrielle Kavounas
San Diego Law Review
This Comment argues that the California state legislature should take direct control of private water use rights through legislation that amends California’sConstitution Article X, Section 2, providing the state with the police powerto take back private water rights and centralize control over water management and distribution.[1] It also recommends imposing higher requirements for land development and water agency cooperation in standard form, state-controlled“general plans” to create efficiency in distributing water throughout the stateand in planning new land developments. The public trust doctrine, eminentdomain doctrine, and regulatory takings doctrine are possible justifications the state could use to effectuate the new legislation. …
Getches-Wilkinson Center Newsletter, Fall 2016,
2016
University of Colorado Law School
Getches-Wilkinson Center Newsletter, Fall 2016, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements,
2016
Massachusetts Institute of Technology
Aboriginal Consultation In Canadian Water Negotiations:The Mackenzie Bilateral Water Management Agreements, Andrea Beck
Dalhousie Law Journal
Due to constitutional protection of Aboriginal water rights, the Canadian government has a duty to consult Aboriginal peoples in water-related decision making. In 2015, Alberta and the Northwest Territories signed an agreement for managing their shared waters in the Mackenzie River Basin. In light of Canada's record, observers have praised the preceding negotiation process as pathbreaking due to its high level of Aboriginal involvement. To evaluate such claims, this paper analyzes Aboriginal consultations in the 2011-2015 NWT-Alberta transboundary water negotiation. The comparative case study reaches the following conclusions. In their bilateral water negotiation, the two jurisdictions differed markedly in terns …
From Environmental Rights To Environmental Rule Of Law: A Proposal For Better Environmental Outcomes,
2016
Vermont Law School
From Environmental Rights To Environmental Rule Of Law: A Proposal For Better Environmental Outcomes, Jessica Scott
Michigan Journal of Environmental & Administrative Law
With the recent lead contamination crisis in Flint, Michigan, the unfavorable United States country report of the former United Nations Special Rapporteur on the human right to safe drinking water and sanitation seems prescient. The Special Rapporteur’s report highlighted the problem of drinking water contaminated from lead pipes and the disproportionate burdens Black Americans face in accessing safe drinking water. The report argues that the U.S. should address these issues by explicitly recognizing a human right to safe drinking water and sanitation under U.S. law.
Like the Special Rapporteur, much of the literature and some environmental advocates call for environmental …
Evolving Water Law And Management In The U.S.: Montana,
2016
University of Missouri-Kansas City School of Law
Evolving Water Law And Management In The U.S.: Montana, Irma S. Russell
Faculty Works
The availability of water or the lack thereof has influenced the evolution of each state and the laws of each state. The development of water law naturally grew from the realities of water and other resources in different areas of the country and the need for water for industry, agriculture, and other enterprises. The evolution and development of water management in Montana provide a good example of water management in the western United States. From the beginnings of Montana and of the West as a region, water sat at the top of the list of essentials for human occupancy and …
Reskins: The Property Right To Racism,
2016
Texas Tech University School of Law
Reskins: The Property Right To Racism, M. Alexander Pearl
Cardozo Law Review
Everyone has an opinion, from President Obama to Matthew McConaughey, about the Washington football team name. This Article comprehensively analyzes the legal and social issues surrounding the mascot controversy. I focus my inquiry on the interaction of trademark law and Indian law. I offer three primary contributions in this Article. First, the current mainstream conception of harm caused by the team name is subjective, and I argue that the harm caused by the team name and logo is objective, testable, and demonstrable, Psychological research shows that these images harm Native people. Second, the remedies offered by the Lanham Act are …
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016,
2016
Roger Williams University
Marine Law Symposium: Legal And Policy Approaches To Reduce Marine Debris In New England 11/04/2016, Roger Wiliams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Presentation: Spatial Design Of An Objective Driven Theoretical Water Resources Monitoring Network,
2016
South Africa Department of Water and Sanitation
Presentation: Spatial Design Of An Objective Driven Theoretical Water Resources Monitoring Network, M Musariri, G Jager, B Haasbroek
Policy
Review, evaluation and optimization of the National Water Resources Monitoring Networks Project
Aim to:
•undertake an evaluation of each the 10 monitoring networks in their present condition
•redesign and realign (where necessary) the network with the strategic and management requirements of the DWS and SA
•optimized the networks as far as possible
•ensure sustainable, relevant and up-to-date data of an acceptable quality.
Outcome: National Water Resource Monitoring Implementation Strategy
Presentation 1,
2016
South Africa Department of Water and Sanitation
United States Army Corps Of Engineers V. Hawkes Co.,
2016
Alexander Blewett III School of Law at the University of Montana
United States Army Corps Of Engineers V. Hawkes Co., Jonah Brown
Public Land & Resources Law Review
When landowners seek to determine if a permit is required from the Army Corps of Engineers to discharge dredged or fill material into waters within their property boundaries, they may first obtain a jurisdictional determination specifying whether “waters of the United States” are present. In an 8-0 judgment, Army Corps of Engineers v. Hawkes was a victory for landowners, concluding that an approved jurisdictional determination is a final agency action reviewable under the Administrative Procedure Act.
Scientific Review Report,
2016
South Africa Department of Water and Sanitation
Scientific Review Report, J D. Rossouw, M Musariri
Policy
This report provides the Scientific Review results and recommendations regarding the existing surface and groundwater monitoring sites for all nine Water Management Areas following the Regional WMA Network Design Workshops held in Nelspruit, Cape Town, Durban,King Williams Town, Bela-Bela and Bloemfontein from March to June 2016. During these workshops theoretical monitoring network considerations for each WMA were presented to various stakeholders, and the considerations were used to review the existing networks and obtain changes and improvements to the networks as recommendations. The main objectives of the workshops were to review the existing monitoring networks against the prioritized National Monitoring Objectives …
Annexure To Scientific Review Report,
2016
South Africa Department of Water and Sanitation
Annexure To Scientific Review Report, J D. Rossouw, M Musariri
Policy
Contained in the main Scientific Review report is a summary of the recommendations regarding the existing surface and groundwater monitoring sites for all the Water Management Areas (WMAs) following the nine Regional Network Design Workshops held in Nelspruit, Cape Town, Durban, King Williams Town, Bela-Bela and Bloemfontein from March to June 2016. During these workshops theoretical monitoring network considerations for each WMA were presented to various stakeholders, and the considerations were used to review the existing networks and obtain changes and improvements to the networks as recommendations. The main objectives of the workshops were to review the existing monitoring networks …
Who Owns The Water?,
2016
West Virginia University
Making The Most Of El Nino: Stormwater Collection And Rainwater Harvesting As Potential Solutions To Water Shortages In Southern California,
2016
Villanova University Charles Widger School of Law
Making The Most Of El Nino: Stormwater Collection And Rainwater Harvesting As Potential Solutions To Water Shortages In Southern California, Benjamin A. Harris
Villanova Environmental Law Journal (1991 - )
No abstract provided.
There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection,
2016
Villanova University Charles Widger School of Law
There's Something In The Water: The Ehb Disregards Its Mandate And Disrespects Contract Law In Robinson Coal Company V. Department Of Environmental Protection, Ryan P. Duffy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement,
2016
University of Georgia School of Law
Water, Water Everywhere, But Just How Much Is Clean?: Examining Water Quality Restoration Efforts Under The United States Clean Water Act And The United States-Canada Great Lakes Water Quality Agreement, Jill T. Hauserman
Georgia Journal of International & Comparative Law
No abstract provided.
Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf,
2016
University of Georgia School of Law
Constitutional Law - Federalism - As An Incident Of National Sovereignty, The United States Has Paramount Rights And Power In The Seabed And Subsoil Of The Outer Continental Shelf, Stephen O. Spinks
Georgia Journal of International & Comparative Law
No abstract provided.
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act,
2016
University of Georgia School of Law
Admiralty - Shipowners’ Limited Liability Act - A Shipowner Cannot Invoke The Act To Limit His Liability For Wreck Removal Expenses Since A Statutory Duty To Remove A Sunken Vessel Prevents Him From Being “Without Privity Or Knowledge,” A Condition Precedent To The Invocation Of The Act, Thomas C. Holcomb
Georgia Journal of International & Comparative Law
No abstract provided.
