| Author | Title | Citation | Summary | Year |
| Will Trachman |
TRIBAL CRIMINAL JURISDICTION AFTER U.S. V. LARA: ANSWERING CONSTITUTIONAL CHALLENGES TO THE DURO FIX |
93 California Law Review 847 (May, 2005) |
Supreme Court cases that define the metes and bounds of Indian sovereignty often arise from facts that one would not expect to come before the Supreme Court. Perhaps this is why the facts in Morris v. Tanner, decided on October 28, 2003, seem so ominous. In Morris, a Montana district court upheld Indian sovereignty interests in a seemingly mundane... |
2005 |
| Carla D. Pratt |
Tribal Kulturkampf: the Role of Race Ideology in Constructing Native American Identity |
35 Seton Hall Law Review 1241 (2005) |
Law is embroiled in the politics of identity. It names parties, defines their speech and conduct, and assigns their rights and duties. Its judgments declare, enjoin, and award the tangible and intangible benefits of race and racial privilege. Law has been deeply involved in the politics of defining racial identity. The rule of hypo-descent, also... |
2005 |
| Carla D. Pratt |
TRIBAL KULTURKAMPF: THE ROLE OF RACE IDEOLOGY IN CONSTRUCTING NATIVE AMERICAN IDENTITY |
35 Seton Hall Law Review 1241 (2005) |
Law is embroiled in the politics of identity. It names parties, defines their speech and conduct, and assigns their rights and duties. Its judgments declare, enjoin, and award the tangible and intangible benefits of race and racial privilege. Law has been deeply involved in the politics of defining racial identity. The rule of hypo-descent, also... |
2005 |
| Rubin Ranat |
Tribal-state Compacts: Legitimate or Illegal Taxation of Indian Gaming in California? |
26 Whittier Law Review 953 (Spring 2005) |
In recent years, there has been a tremendous growth in the United States gambling industry. This growth is primarily attributed to Native American casinos on reservations. Indian gaming is a method that tribal governments use to repair 150 years of failed federal programs attempting to aid Native Americans. As of the end of the 2003 fiscal year,... |
2005 |
| Carla D. Pratt |
TRIBES AND TRIBULATIONS: BEYOND SOVEREIGN IMMUNITY AND TOWARD REPARATION AND RECONCILIATION FOR THE ESTELUSTI |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... |
2005 |
| Jocelyn B. Garovoy |
Ua Koe Ke Kuleana O Na Kanaka (Reserving the Rights of Native Tenants): Integrating Kuleana Rights and Land Trust Priorities in Hawaii |
29 Harvard Environmental Law Review 523 (2005) |
For Hawaii-based conservation land trusts, kuleana lands present both unique opportunities and complex challenges to land conservation efforts. Kuleana lands are those parcels granted to native Hawaiian tenant farmers between 1850 and 1855. Rights attaching to these special lands include: reasonable access, agricultural uses, gathering rights,... |
2005 |
| Anna Wermuth |
Union's Gamble Pays Off: in San Manuel Indian Bingo & Casino, the Nlrb Breaks the Nation's Promise and Reverses Decades-old Precedent to Assert Jurisdiction over Tribal Enterprises on Indian Reservations |
21 Labor Lawyer 81 (Summer, 2005) |
Great nations, like great men, should keep their word. Federal Power Commission v. Tuscarora, 362 U.S. 99, 142 (1960) (Black, J., dissenting). To American Indians, the notion of tribal sovereignty is more than an abstraction existing only in the vacuum of legal parlance. It is an inherent attribute of their precolonial political and territorial... |
2005 |
| Anna Wermuth |
UNION'S GAMBLE PAYS OFF: IN SAN MANUEL INDIAN BINGO & CASINO, THE NLRB BREAKS THE NATION'S PROMISE AND REVERSES DECADES-OLD PRECEDENT TO ASSERT JURISDICTION OVER TRIBAL ENTERPRISES ON INDIAN RESERVATIONS |
21 Labor Lawyer 81 (Summer, 2005) |
Great nations, like great men, should keep their word. Federal Power Commission v. Tuscarora, 362 U.S. 99, 142 (1960) (Black, J., dissenting). To American Indians, the notion of tribal sovereignty is more than an abstraction existing only in the vacuum of legal parlance. It is an inherent attribute of their precolonial political and territorial... |
2005 |
| Nathan Whitney |
United States V. Washington, Dep't of Ecology, 375 F. Supp. 2d 1050 (W.d. Wash. 2005) (Holding: (1) Water Rights Are Impliedly Reserved to Fulfill the Primary Purpose or Purposes of an Indian Reservation; (2) the Practicable Irrigable Acreage Method Is an |
9 University of Denver Water Law Review 219 (Fall, 2005) |
In 1855, the Treaty of Point Elliot (Treaty) created the Lummi Reservation (Reservation) which covers two peninsulas in Washington. Both the Treaty and deeds conveying parcels of land to non-Indian successors in interest made no mention of water rights. The portion of the Lummi Reservation involved in this dispute (Case Area) comprises just... |
2005 |
| Erika M. Zimmerman |
Valuing Traditional Ecological Knowledge: Incorporating the Experiences of Indigenous People into Global Climate Change Policies |
13 New York University Environmental Law Journal 803 (2005) |
I. Introduction. 804 II. The Science of Climate Change. 809 A. Present and Future Impacts of Global Climate Change. 809 B. Climate Change in the Arctic. 811 C. Inequitable Distribution of the Negative Impacts of Climate Change. 815 III. Climate Change as Experienced by Arctic. 819 A. Loss of Subsistence Lives and Culture. 819 B. Loss of Villages... |
2005 |
| by Bethany Berger |
Wagnon |
2004-05 Preview of United States Supreme Court Cases 36 (9/26/2005) |
Kansas seeks to impose its motor fuel taxes on non-Indian distributors of gas at on-reservation tribal gas stations. The Prairie Band Potawatomi Nation claims these taxes would impermissibly interfere with tribal and federal interests and would prohibit the tribe from imposing its own taxes to maintain reservation roads. The Court must decide how... |
2005 |
| Irma De Obaldia |
Western Intellectual Property and Indigenous Cultures: the Case of the Panamanian Indigenous Intellectual Property Law |
23 Boston University International Law Journal 337 (Fall 2005) |
I. Introduction. 338 II. Colonialism, Western Laws, and Indigenous Groups. 341 A. Traditional IP Requirements and Indigenous Creation: Brief Evaluation. 347 B. Sui-Generis IP Systems. 349 III. Law No. 20: Cultural and Historical Background. 350 A. Panama and its Indigenous Population. 350 IV. The Kunas. 353 V. The Long Walk of the Dule Morr. 356... |
2005 |
| Katreina Eden |
Where Do the Dead Go? A Discussion of the Need to Enact More Specific Legislation in North America to Better Serve Native Americans' Rights to Indigenous Skeletal Remains |
12 Southwestern Journal of Law and Trade in the Americas 119 (2005) |
I. Introduction. 119 II. The Controversy Over Indigenous Human Remains. 121 III. Canada's Provincial System of Law. 123 IV. Federal Legislation in the United States. 128 V. Effects of Provincial versus Federal Law for Human Remains in Canada. 131 VI. Conclusion. 134 |
2005 |
| Judith T. Younger |
Whose America? |
22 Constitutional Commentary 241 (Spring, 2005) |
We can only grope to understand. The 3.6 million square miles of land that we now call America once belonged to Indian tribes. Now Indian lands comprise only a tiny fraction of the whole, about 4%. This great land transfer has been and continues to be a source of tension between tribes on the one hand and federal, state, local governments and... |
2005 |
| Katie Eidson |
Will States Continue to Provide Exclusivity in Tribal Gaming Compacts or Will Tribes Bust on the Hand of the State in Order to Expand Indian Gaming |
29 American Indian Law Review 319 (2004-2005) |
The Indian gaming industry has hit the ground running since Congress enacted the Indian Gaming Regulatory Act (IGRA) in 1988. Today, tribal gaming operations in Oklahoma have grown to comprise the largest number of Indian gaming operations in the country. For this reason, the National Indian Gaming Commission (NIGC) has centered its enforcement... |
2005 |
| Kevin McCulloch , April Winecke |
Winner, Best Appellate Brief in the 2004 Native American Law Student Association Moot Court Competition |
29 American Indian Law Review 215 (2004-2005) |
1) Is there an Existing Indian Family, necessary under the Congressional Intent for the application of the Indian Child Welfare Act, where the Indian parent does not live on the reservation of the tribe in which he/she is enrolled and his/her children have never resided on the reservation and have no relationship with the culture, society, or... |
2005 |
| Will R. Ripley |
You're Not Native American--you're Too Old!: Bonnichsen V. United States Exposes the Native American Graves Protection and Repatriation Act |
9 Journal of Gender, Race and Justice 137 (Fall 2005) |
In July 1996, two young men stumbled upon a skull along the Columbia River near the town of Kennewick in Southern Washington. They called the police, the police called the coroner, and the coroner called Dr. James Chatters, a local archaeologist. Initially, Dr. Chatters believed the skull probably belonged to an early European settler. The skull... |
2005 |
| |
29th Annual Federal Bar Association Indian Law Conference |
51-APR Federal Lawyer 32 (March/April, 2004) |
CONFERENCE CHAIRS Robert T. Anderson University of Washington School of Law Stephanie P. Kiger Roth, VanAmberg, Rogers, Ortiz & Yepa LLP Stacy L. Leeds Professor, University of Kansas, Justice, Cherokee Nation Adjunct Chair: Ailie Greenleaf Maldonado, Little Traverse Bay Bands of Odawa Indians Outstanding tribal, state, and federal leaders,... |
2004 |
| Debra L. Donahue, Winston S. Howard Professor, University of Wyoming College of Law |
A Call for Native American Natural Resources in the Law School Curriculum |
24 Journal of Land, Resources, and Environmental Law 211 (2004) |
The remarkable part of the history of American tribes is that . they did manage to hold onto some land and that the core of their culture remains intact. This qualifies them to serve as mentors in resource management and in how to maintain viable communities. Their success is due to the philosophical base of their culture. Law schools are primary... |
2004 |
| Maxi Lyons |
A Case Study in Multinational Corporate Accountability: Ecuador's Indigenous Peoples Struggle for Redress |
32 Denver Journal of International Law and Policy 701 (Fall 2004) |
Multinational corporations often wield more power than many of the world's nations, the immense wealth and political influence of multinationals make them powerhouses in the global economy. These domineering enterprises are often able to undertake profit-making endeavors, particularly involving the consumption or extraction of natural resources, in... |
2004 |
| Donald E. Laverdure |
A Historical Braid of Inequality: an Indigenous Perspective of Brown V. Board of Education |
43 Washburn Law Journal 285 (Winter 2004) |
With education, you are the white man's equal; without it, you are his victim. What appears to be progress toward racial justice is, in fact, a cyclical process. In 1954 and 1955, the United States Supreme Court issued three landmark rulings, collectively known as Brown v. Board of Education, which declared segregation of public schools by race to... |
2004 |
| Roberto Iraola |
A Primer on the Criminal Penalty Provisions of the Native American Graves Protection and Repatriation Act |
28 American Indian Law Review 431 (2003-2004) |
In September 2003, in what federal law enforcement officials described as the single largest repatriation of Native American religious objects, hundreds of ceremonial and religious items were returned to the Navajo Nation, Pueblo of Acoma, Pueblo of Santo Domingo, the Hopi Tribe, Pueblo of Zia, and the Zuni Tribe in a special ceremony. This... |
2004 |
| Brian P. McClatchey |
A Whole New Game: Recognizing the Changing Complexion of Indian Gaming by Removing the "Governor's Veto" for Gaming on "After-acquired Lands" |
37 University of Michigan Journal of Law Reform 1227 (Summer 2004) |
The recent explosive growth of the Indian gaming industry and judicial decisions analyzing a portion of the governing statute point to an inherent flaw in the mechanism provided by the Indian Gaming Regulatory Act (IGRA) for the establishment of off-reservation gaming enterprises. This Note argues for a reform of the so-called after-acquired... |
2004 |
| Matthew L. M. Fletcher |
Affirmation of Tribal Criminal Jurisdiction over Nonmember American Indians |
83-JUL Michigan Bar Journal 24 (July, 2004) |
On April 19, 2004, the United States Supreme Court decided United States v Lara, a landmark case in federal American-Indian law. Lara upheld the authority of American-Indian tribes to prosecute nonmember American Indians and held that such prosecutions do not violate the Double Jeopardy Clause because an American-Indian tribe is acting in its... |
2004 |
| Nathan Brooks |
American Indian Law Deskbook, 3rd Edition by the Conference of Western Attorney Generals, Clay Smith, Chief Editor University Press of Colorado, Boulder, Co, 2004. 631 Pages, $85.00 |
51-DEC Federal Lawyer 67 (November/December, 2004) |
Explaining federal Indian law has never been easy just ask the U.S. Supreme Court. After more than 200 years of jurisprudence, the justices have yet to agree on much less explain how American Indian tribes fit within our constitutional structure of government. Expressing his frustration with the current state of federal Indian law in a recent... |
2004 |
| Lance M. Werner, Jane M. Edwards |
American-indian Legal Resources on the Web |
83-JUL Michigan Bar Journal 42 (July, 2004) |
When conducting legal research on an unfamiliar legal topic, it may be useful for a legal researcher to initially utilize wide-scoped research tools. Some electronic resources that may be particularly useful when researching American-Indian legal issues are the myriad of mega-sites that are available free of charge and offer a wide range of... |
2004 |
| Lorie M. Graham |
An Interdisciplinary Approach to American Indian Economic Development |
80 North Dakota Law Review 597 (2004) |
Economic development is at the cornerstone of indigenous peoples' claims to self-determination. In the past twenty-five years, Native American nations within the United States have experienced significant growth in terms of their development efforts. And while the long-term effects are yet to be tested, short-term studies indicate... |
2004 |
| William Bradford |
Another Such Victory and We Are Undone: a Call to an American Indian Declaration of Independence |
40 Tulsa Law Review 71 (Fall 2004) |
In 279 B.C., Pyrrhus, King of Epirus, a city-state in Greece, was summoned by the people of Tarentum, a Greek colony in southern Italy, to aid them against the tyranny of Rome. At the Battle of Asculum, Pyrrhus defeated the Roman legions after two days of bloody combat in which he lost a great many of his most competent officers and many of his... |
2004 |
| Elizabeth M. Glazer |
Appropriating Availability: Reconciling Purpose and Text under the Indian Self-determination and Education Assistance Act |
71 University of Chicago Law Review 1637 (Fall 2004) |
The Indian Self-Determination and Education Assistance Act (ISDEAA) requires the federal government to enter into a self-determination contract with any Native American tribe that requests one. A self-determination contract gives the tribe funding for programs and allows it to provide services previously administered by the federal government.... |
2004 |
| Michael T. Delcomyn |
Arctic National Wildlife Refuge Oil: Canadian and Gwich'in Indian Legal Responses to 1002 Area Development |
24 Northern Illinois University Law Review 789 (Summer 2004) |
C1-3Table of Contents Introduction. 790 I. Background on the ANWR and the Parties Involved. 792 A. LEGISLATIVE HISTORY OF THE ARCTIC NATIONAL WILDLIFE REFUGE. 792 B. WILDLIFE OF THE ANWR AND THE 1002 AREA. 794 C. INTERESTS IN OIL DEVELOPMENT IN THE 1002 AREA. 796 1. Proponents of Development. 796 2. Opponents of Development. 800 II. Canadian and... |
2004 |
| Jonathan P. Vuotto |
Awas Tingni V. Nicaragua: International Precedent for Indigenous Land Rights? |
22 Boston University International Law Journal 219 (Spring 2004) |
I. Introduction. 219 II. Indigenous Peoples in International Law. 221 A. General Introduction to Indigenous Peoples in International Law. 221 B. The Difficulty of Defining Indigenous . 222 C. The Critical Importance of Indigenous Land Rights. 223 D. Other Current Topics in Indigenous Law. 224 III. Cultural Context of the Awas Tingni. 225 IV.... |
2004 |
| Larry Echohawk |
Balancing State and Tribal Power to Tax in Indian Country |
40 Idaho Law Review 623 (2004) |
The 57th Idaho Legislature faced the daunting task of balancing a state budget suffering from a $200 million shortfall in revenue for fiscal years 2003 and 2004. Some lawmakers attempted to remedy budget woes by imposing state sales and cigarette taxes on non-Indians buying products from Indian retailers within Indian reservations. Tribal leaders... |
2004 |
| Colin Miller |
Banishment from Within and Without: Analyzing Indigenous Sentencing under International Human Rights Standards |
80 North Dakota Law Review 253 (2004) |
Centuries of imperialism and forced assimilation have pushed indigenous cultures to the brink of extinction. An important part of this cultural genocide has involved westernized cultures subordinating indigenous penal codes and systems. Recently, tribal groups in countries such as Canada and the United States, dissatisfied with the effect of... |
2004 |
| David Ringhofer |
Between a Rock and Toxic Waste: the Indigenous Peoples of Equador Vs. Chevron Texaco |
11 Missouri Environmental Law & Policy Review 236 (2004) |
Wednesday, October 29, 2003 marked the end of the two week proof stage of a trial heard in Ecuador. The case, brought by the indigenous peoples of Ecuador against the second largest U.S. oil company, ChevronTexaco, presents quite possibly the most important legal issue to be decided in South America this year. The plaintiffs, representing 30,000... |
2004 |
| Joseph R. Selvidio |
Blumenthal V. Babbitt: How Three Words May Help Redefine Sovereignty for America's Most Powerful Native American Tribe |
23 QLR 247 (2004) |
Over the past decade, Native American gambling has helped redefine the character of Connecticut's economy. At the center of this redefinition has been the success of the Mashantucket Pequots, a three hundred member tribe of Native Americans whose gaming empire, Foxwoods Resort & Casino, has grown into the largest gambling enterprise in North... |
2004 |
| Stacey L. Gordon, Reference & Acquisition librarian |
Book Review: 'Coyote Warrior' |
30-OCT Montana Lawyer 30 (October, 2004) |
Coyote Warrior, by Paul VanDevelder (Little, Brown & Co. 2004). It is rare to read the family history of a colleague, perhaps because it is rare to have a colleague whose family history and whose own life story are as important as the story of Coyote Warrior. Garrison Dam was built on the upper Missouri River in North Dakota to provide irrigation... |
2004 |
| Raja Devasish Roy |
Challenges for Juridical Pluralism and Customary Laws of Indigenous Peoples: the Case of the Chittagong Hill Tracts, Bangladesh |
21 Arizona Journal of International & Comparative Law 113 (Spring, 2004) |
The Chittagong Hill Tracts (CHT) region in southeastern Bangladesh is undergoing fundamental social, economic, cultural, and political changes due to a number of parallel developments. These include the growing integration of the CHT economy with the national Bangladeshi economy (an inevitable consequence of the extension of the communications... |
2004 |
| Willard Hughes Rollings |
Citizenship and Suffrage: the Native American Struggle for Civil Rights in the American West, 1830-1965 |
5 Nevada Law Journal 126 (Fall 2004) |
Native Americans occupy a unique place in this country. They are the direct descendants of people who first arrived in this land 30,000 years ago. Despite their longtime residency in North America and the support of many tribes in the war for independence, the leaders of the newly created United States did not deem Indian people worthy enough to... |
2004 |
| |
Civil Procedure -- Statutory Full Faith and Credit -- Wisconsin Supreme Court Applies Comity Principles in Determining Whether to Enforce a Tribal Court Judgment. -- Teague V. Bad River Band of Lake Superior Tribe of Chippewa Indians, 665 N.w.2d 899 (Wis. |
117 Harvard Law Review 988 (January, 2004) |
Native American tribes have an interest in protecting their unique customs and traditions, which are often reflected in tribal justice systems. It is therefore important that the powers of tribal courts be respected by state and federal judiciaries. Recently, in Teague v. Bad River Band of Lake Superior Tribe of Chippewa Indians, the Wisconsin... |
2004 |
| |
Clean Water Act |
2003-04 Preview of United States Supreme Court Cases 511 (8/9/2004) |
Does the Clean Water Act's National Pollutant Discharge Elimination System program cover a point source only when pollutants originate from that source and not when pollutants originating elsewhere merely pass through the point source? No. The Court ruled that the Act's definition of a point source as a conveyance makes plain that the point... |
2004 |
| Deborah A. Rosen |
Colonization Through Law: the Judicial Defense of State Indian Legislation, 1790-1880 |
46 American Journal of Legal History 26 (January, 2004) |
In the period from 1790 to 1880, constitutional provisions and congressional statutes seemed to define regulation of Indians as exclusively a federal matter, native peoples asserted tribal sovereignty, and the federal government offered some recognition of tribes as distinct and separate political entities. Nevertheless, the states regulated... |
2004 |
| Robert N. Clinton |
COMITY & COLONIALISM: THE FEDERAL COURTS' FRUSTRATION OF TRIBAL← → FEDERAL COOPERATION |
36 Arizona State Law Journal 1 (Spring, 2004) |
When the delegates to the Philadelphia Constitutional Convention of 1787 tried to cement the loose confederation of states established under the Articles of Confederation into a more functional and effective national union, they adopted a federal legal mechanism to accomplish that task. Specifically, they opted for federally enforceable legal... |
2004 |
| Steven Andrew Light, Ph.D., Kathryn R.L. Rand, J.D., Alan P. Meister, Ph.D. |
Commentary: Spreading the Wealth: Indian Gaming and Revenue-sharing Agreements |
80 North Dakota Law Review 681 (2004) |
Commentators: Henry Buffalo Robert Miller MR. BUFFALO: I'd like to thank the organizers for inviting me to participate in this symposium. I think it's very important to participate and develop information, discussion on this very important issue that is facing both tribal governments, state governments, and local governments. I very much enjoyed... |
2004 |
| Sheree R. Weisz |
Constitutional Law--federal Indian Law: the Erosion of Tribal Sovereignty as the Protection of the Nonintercourse Act Continues to Be Redefined More Narrowly |
80 North Dakota Law Review 205 (2004) |
In 1994, Cass County Joint Water Resource District (District) submitted an application to the United States Army Corps of Engineers (USACE) to build a dam on the Maple River for flood control in eastern North Dakota. As part of this project, the District sought to acquire a 1.43-acre tract of land in order to conduct the cultural research necessary... |
2004 |
| Frank Pommersheim, 2005 Distinguished Lecturer |
Constitutional Shadows: the Missing Narrative in Indian Law |
80 North Dakota Law Review 743 (2004) |
FRANK POMMERSHEIM: Thank you for that kind introduction. It's a delight to be here. I was here ten years ago, and kind of reminiscing with a few people what it was like ten years ago, mainly taking into account the fact that ten years has gone awfully quickly. There's been a tremendous level of development in Indian law, and so I'm excited to be... |
2004 |
| Traci L. Hobson |
Criminal Jurisdiction in Indian Country: a Primer |
43 No.1 Judges' Journal 35 (Winter, 2004) |
Much of the litigation in the United States involving Indian tribes and territories revolves around one issue: jurisdiction. Because of the complex interweaving of tribal, federal, and state or intra-state jurisdictions in Indian Country, it can be difficult to determine which entities have the authority to adjudicate a particular case. In the... |
2004 |
| Joyce E. Kitchens |
Criminal Jurisdiction in Indian Country: a Tangled Web |
51-JUN Federal Lawyer Law. 3 (June, 2004) |
I attended the Indian Law Conference in Albuquerque, N.M., on April 15-16 with more than 800 tribal leaders, lawyers, and judges who gathered there. I cannot begin to describe the sense of community, passion, and unity that I experienced. Keynote speaker Billy Frank, chair, Northwest Indian Fisheries Commission, shared prayers, wisdom, and the... |
2004 |
| Ms. Lauryne Wright |
Cultural Resource Preservation Law: the Enhanced Focus on American Indians |
54 Air Force Law Review 131 (2004) |
To us the ashes of our ancestors are sacred and their resting place is hallowed ground. Our religion is the tradition of our ancestors--the dreams of our old men, given them in the solemn hours of night by the Great Spirit; and the visions of our sachems; and is written in the hearts of our people. Seathl, Duwamish chief In 1831 the United States... |
2004 |
| Anne M. Creason |
Culture Clash: the Influence of Indigenous Cultures on the International Whaling Regime |
35 California Western International Law Journal 83 (Fall 2004) |
The cultural values of native populations are a significant source of law, because modern societies develop from the practices and beliefs of indigenous cultures. Over time, indigenous customs and traditions are incorporated into contemporary lifestyles. The strong influence ancient practices have on present cultures is apparent in the religious,... |
2004 |
| Steven G. Davison |
Defining "Addition" of a Pollutant into Navigable Waters from a Point Source under the Clean Water Act: the Questions Answered--and Those Not Answered--by South Florida Water Management District V. Miccosukee Tribe of Indians |
16 Fordham Environmental Law Review Rev. 1 (Fall 2004) |
The Supreme Court recently held in South Florida Water Management District. v. Miccosukee Tribe of Indians that under section 301(a) of the Clean Water Act (CWA) a transfer of water, containing pollutants, from one water body into another, by a pump, may be an addition of pollutants into navigable waters from a point source, thereby requiring a... |
2004 |