| Author | Title | Citation | Summary | Year |
| Megan Saia |
TRAVEL IN A SNAP: ADDRESSING TRANSPORTATION BARRIERS IN SNAP RECIPIENTS TO INCREASE FOOD SECURITY |
75 Florida Law Review 1005 (September, 2023) |
Over thirty-eight million Americans experience food insecurity each year. The Supplemental Nutrition Assistance Program (SNAP)--the largest food assistance program in the United States--seeks to eliminate this statistic. As evidenced by the prevalence at which Americans continue to experience food insecurity, SNAP is far from reaching its goal.... |
2023 |
| Rita Maguire, Nicole Klobas |
TRIBAL RIGHTS, WATER RIGHTS, STATES RIGHTS AND THE COLORADO RIVER: WHAT'S AT STAKE IN THE SCOTUS CASE, ARIZONA v. NAVAJO NATION |
54 ABA Trends 9 (May/June, 2023) |
The U.S. Supreme Court recently heard oral arguments in Arizona v. Navajo Nation, No. 21-1484, a case consolidated with a separate petition for certiorari filed by the U.S. Department of the Interior (DOI), No. 21-51. The consolidated cases involve a water rights case initially brought by the Navajo Nation against DOI. The states of Arizona,... |
2023 |
| Kalyani Robbins |
UNCHARTED WATERS: CAN WATER RIGHTS PRINCIPLES STEM THE TIDE OF ECOSYSTEM SERVICES LOSS? |
31 New York University Environmental Law Journal 155 (2023) |
This article will explore the ways in which we might apply aspects of the conceptual framework developed through centuries of water law to the modern need for property interests in ecosystem services. Water itself is a high-value ecosystem service, largely within the category of provisioning ecosystem services. We need access to water to survive,... |
2023 |
| Deborah Greenspan |
UNDERSTANDING THE FLINT WATER LITIGATION--DEFINING JUSTICE IN THE PARAMETERS OF THE ADVERSARIAL PROCESS |
62 Judges' Journal 11 (Fall, 2023) |
It is hard to overstate the raw emotion and widespread feeling of injustice surrounding the Flint Water Crisis. It is clear many--if not most--residents of Flint, Michigan, feel they have been victimized by the very institutions and entities that are supposed to protect them and esure their safety. Numerous articles and studies have concluded the... |
2023 |
| Zachary ThummBorst |
WATER JUSTICE: THE NINTH CIRCUIT EXAMINES THE FAIR HOUSING ACT IN THE CONTEXT OF WATER SERVICES IN SOUTHWEST FAIR HOUSING COUNCIL, INC. v. MARICOPA DOMESTIC WATER IMPROVEMENT DISTRICT |
34 Villanova Environmental Law Journal 273 (2023) |
Water affordability is an area of growing concern in the United States. Research suggests the price of water and sewage increased by approximately eighty percent between 2010 and 2018. In the drought-stricken southwest, water prices may rise further as states become more dependent on imported water. A 2017 study estimated that, at the time, roughly... |
2023 |
| Erin Rubin |
WATER RIGHTS OF PUBLIC DOMAIN ALLOTMENTS |
132 Yale Law Journal Forum 957 (2/17/2023) |
abstract. Indigenous peoples in the United States have stewarded its land and water for millennia, but now face barriers to accessing sufficient amounts of clean, safe water. Public domain allotments (PDAs) are one solution the United States offers to provide land to Indian people, but PDAs and the rights attaching to them are insufficiently... |
2023 |
| Bill Shultz |
WHO WILL KEEP THE POOP OUT OF THE WATER?: THE LATEST IN THE SAGA OF CAFO REGULATION UNDER THE CLEAN WATER ACT |
12/4/2023 Georgetown Environmental Law Review Online 1 (12/4/2023) |
Picture of a fan-vented CAFO barn. Concentrated animal feeding operations are explicitly named as a point source under the Clean Water Act, but the EPA has been woefully ineffective at monitoring and regulating manure discharges, leaving water and human health at risk. Industrial livestock producers increasingly use Concentrated Animal Feeding... |
2023 |
| Eric Leis |
"WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER |
25 University of Denver Water Law Review 163 (Spring, 2022) |
INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... |
2022 |
| Reed D. Benson |
A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS |
32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) |
The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... |
2022 |
| Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett |
ADVANCING POSITIVE WATER RIGHTS |
81 Maryland Law Review 449 (2022) |
Despite its necessity to survival, the United States does not recognize a positive right to water. Instead, access is determined largely by the free market. Consequently, millions have historically lacked reliable access to clean water, a crisis that disproportionately affects minority and low-income households. Then came the COVID-19 pandemic.... |
2022 |
| Amelia Marsh |
ANNE MACKINNON, PUBLIC WATERS: LESSONS FROM WYOMING FOR THE AMERICAN WEST, UNIVERSITY OF NEW MEXICO PRESS (2021); 368 PP.; ISBN 978-0-8263-6241-4 |
25 University of Denver Water Law Review 307 (Spring, 2022) |
Public Waters: Lessons from Wyoming for the American West traces the development of Wyoming water law and water management beginning in the 1880s through 2020. The author, Anne MacKinnon, leverages her extensive experience living and working in Wyoming as a journalist and editor-in-chief of the Casper Star-Tribune to chronicle the development of... |
2022 |
| |
California's Water Projects: Triumph and Adversity |
16 The American College of Construction Lawyers Journal 3 (2022) |
This article is adapted from the Overton Currie lecture, given at the February 2022 meeting of the American College of Construction Lawyers, in Laguna Beach, California. |
2022 |
| Erum Sattar |
COMPARING COLONIAL WATER LEGACIES: FLOW AND STAGNATION IN LEGAL DEVELOPMENT |
29 Buffalo Environmental Law Journal 55 (2021-2022) |
In 1965 Lon Fuller wrote an article, Irrigation and Tyranny, that is perhaps little known by scholars other than legal theorists of irrigation. In it, he recounted his personal interest in the ideas of the great irrigation theorist Karl Wittfogel, specifically, Wittfogel's idea of a hydraulic civilization. Fuller observed that: The historian Karl... |
2022 |
| Judith Dworkin |
COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS |
36-WTR Natural Resources & Environment 39 (Winter, 2022) |
A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... |
2022 |
| Misbah Husain , Melissa K. Scanlan |
DISADVANTAGED COMMUNITIES, WATER JUSTICE & THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT |
52 Seton Hall Law Review 1513 (2022) |
I. Introduction. 1514 II. Water Infrastructure Need. 1515 III. Drinking Water. 1518 A. The Infrastructure Law Prioritizes Disadvantaged Communities for Funding Through the Drinking Water State Revolving Fund Program. 1518 B. The Infrastructure Law Expands Funding Opportunities to Disadvantaged Communities with Compliance Problems. 1519 IV. Clean... |
2022 |
| Jaclyn Lopez |
ENFORCEMENT OF CLEAN WATER ACT COULD CLEAN UP WATER, SAVE FLORIDA MANATEES |
53 ABA Trends 27 (March/April, 2022) |
Florida's water quality crisis is best told through the eyes of a Florida manatee. Florida manatees are slow-moving herbivores, roly-poly sea cows that graze on seagrasses throughout Florida's rivers, estuaries, and nearshore marine waters. But in 2021, algae-choked water caused by nutrient pollution killed hundreds of the manatees. On Florida's... |
2022 |
| Daniel A. Kracov |
EUGENICS AND THE DEVELOPMENT OF U.S. FOOD AND DRUG LAW |
77 Food & Drug Law Journal 135 (2022) |
The Food and Drug Administration (FDA) and its core statutory authorities have a complex and storied history. Historians and lawyers recounting the agency's early development--which roughly spanned from the debates culminating in the Pure Food and Drug Act of 1906 to the enactment of the Federal Food, Drug, and Cosmetic Act of 1938--typically cite... |
2022 |
| Katya S. Cronin |
FDA-APPROVED: HOW PFAS-LADEN FOOD CONTACT MATERIALS ARE POISONING CONSUMERS AND WHAT TO DO ABOUT IT |
6 Business, Entrepreneurship & Tax Law Review 117 (Spring, 2022) |
Nearly every person in the United States currently has in their body dangerous amounts of chemicals proven to cause cancer, endocrine disruptions, liver and kidney failures, infertility, developmental difficulties, learning disorders, and immunodeficiencies. These chemicals are known collectively as PFAS--per-and poly-fluoroalkyl substances--and... |
2022 |
| Melissa K. Scanlan , Misbah Husain |
FEDERAL FUNDING AND WISCONSIN'S WATER INFRASTRUCTURE |
95-DEC Wisconsin Lawyer 8 (December, 2022) |
People throughout the United States increasingly are at risk for diminished drinking water quality, extreme flooding, property damage, and more. In Wisconsin, as in other states, these negative consequences are unequally distributed, with low-income and minority communities disproportionately affected by such harms. Among efforts to protect the... |
2022 |
| Jennifer L. Pomeranz , Dariush Mozaffarian |
FOOD MARKETING TO--AND RESEARCH ON--CHILDREN: NEW DIRECTIONS FOR REGULATION IN THE UNITED STATES |
50 Journal of Law, Medicine & Ethics 542 (Fall, 2022) |
Keywords: Food Marketing, First Amendment, Market Research on Children, Unfair and Deceptive Acts and Practices Abstract: As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment's protection for commercial speech and previous gutting... |
2022 |
| Robin Rotman , Sophie Mendelson |
FOOD, FREEDOM, FAIRNESS, AND THE FAMILY FARM |
125 West Virginia Law Review 1 (Fall, 2022) |
The concept of the family farm holds powerful sway within the American narrative, embodying both nostalgia for an imagined past and anxiety for a future perceived to be under threat. Since the founding of the United States, this cultural ideal has been invoked in support of a rosy vision of agrarian democracy while obscuring the ways in which the... |
2022 |
| Martha F. Davis |
HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM |
52 Seton Hall Law Review 1461 (2022) |
I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... |
2022 |
| Emma Easley |
IMPROVING INTERSTATE WATER COMPACTS ONE ADR PROVISION AT A TIME |
37 Ohio State Journal on Dispute Resolution 369 (2022) |
I. Introduction II. History of Water Scarcity and Disputes A. Global Water Availability B. American Water Availability C. Water Compacts Overview III. Effectiveness and Problems with Interstate Water Compacts A. Water Compact Benefits B. Water Compact Drawbacks IV. The Great Lakes Compact: A Case Study A. Great Lakes Overview B. History of the... |
2022 |
| Zahraa Nasser |
IMPROVING NEW MARKET TAX CREDIT ACCESSIBILITY TO ADDRESS FOOD VULNERABILITY |
36 Notre Dame Journal of Law, Ethics & Public Policy 399 (2022) |
As middle to upper-class Americans panicked over the national shortage of toilet paper, for a moment they came close to understanding what it was like to be poor in the United States. In April 2020, we united as a nation as canned foods, flour, sugar, and cleaning supplies flew from grocery store shelves with no certainty of the quick restock to... |
2022 |
| Katrina M. Wyman , Emma Dietz |
INTEGRATING FOOD INTO LOCAL CLIMATE POLICY |
24 NYU Journal of Legislation and Public Policy 725 (2021-2022) |
In the United States, governmental efforts to limit climate change have largely focused on reducing greenhouse gas (GHG) emissions from transportation and electricity, the top two sources of GHG emissions on a national level. With a few notable exceptions, American governmental entities have paid much less attention to reducing GHG emissions from... |
2022 |
| Alveena Shah |
LEASING THE RAIN: WATER, PRIVATIZATION, AND HUMAN RIGHTS |
26 UCLA Journal of International Law and Foreign Affairs 89 (Fall/Winter, 2022) |
The 1990s saw the unprecedented emergence of corporate engagement in national water systems. Before 1990, international funding went exclusively to public entities. By 2001, ninety-three countries had private sector involvement in their water systems. This shift, supported by international business and trade law, created a regulatory framework... |
2022 |
| Genevieve (Jenny) Zook |
LEGAL RESOURCES: RESEARCHING WISCONSIN WATER LAW |
95-MAY Wisconsin Lawyer 45 (May, 2022) |
For some lawyers, finding resources on specific legal topics might seem as challenging as finding a cool drink in a desert. This article makes the process of researching water law much easier. Because of a megadrought in the western United States, water has become such a scarce commodity that neighbors fight over irrigation ditches, and water cops... |
2022 |
| Danielle Clifford |
NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE |
12 Washington Journal of Social & Environmental Justice 45 (May, 2022) |
Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... |
2022 |
| Rachael E. Salcido |
PLASTIC ACTIVISM AND THE CLEAN WATER ACT |
52 Environmental Law 307 (Summer, 2022) |
Scientists have been sounding the alarm about the health and environmental dangers of plastics. We have been slow to pay attention. Plastic production causes a range of environmental harms. Furthermore, larger plastic items break down over time into smaller and smaller pieces--microplastics. Much of the plastic waste in our environment originates... |
2022 |
| Emily M. Shinn |
PROPERTY RIGHTS AND URBAN FARMING: EXAMINING THE ROLE OF RESTRICTIVE COVENANTS ON URBAN AGRICULTURE DURING TIMES OF NATIONAL FOOD INSECURITY AND CRISIS IN THE UNITED STATES |
96 Tulane Law Review 503 (February, 2022) |
I. Introduction. 504 II. Background of Agricultural Covenants: Keeping Out the Unwanted. 508 III. Implications of Urban Farming in the Modern World. 512 A. Resilience and Adaptation: Urban Agriculture as a Viable Solution During Times of National Emergency. 513 B. Urban Farming at Work: Lessons Learned from the Past and Present. 516 1. Detroit,... |
2022 |