AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Senator Kevin Cramer RESTORING STATES' RIGHTS & ADHERING TO COOPERATIVE FEDERALISM IN ENVIRONMENTAL POLICY 45 Harvard Journal of Law & Public Policy 481 (Spring, 2022) For Attorney General Wayne Stenehjem: On Friday, January 28, 2022, North Dakota and our nation lost a patriot who fought for the cause of states' rights and cooperative federalism. His work in the courtroom and on North Dakota's Industrial Commission was monumental in positioning the state to be an energy powerhouse while being a steward of the... 2022  
Joshua Ash RETHINKING INTERGENERATIONAL EQUITY IN LAND USE DECISION MAKING 36-SPG Natural Resources & Environment 21 (Spring, 2022) For most of my childhood, I lived on a small farm on the border of Maryland and West Virginia, surrounded by mountain streams, picturesque pastures, and the occasional Amish buggy. Among other early childhood lessons, I was taught that land meant everything. In that agricultural community, the land upon which one lived shaped one's income, family... 2022  
Taino J. Palermo RETURNING HOME AND RESTORING TRUST: A LEGAL FRAMEWORK FOR FEDERALLY NON-RECOGNIZED TRIBAL NATIONS TO ACQUIRE ANCESTRAL LANDS IN FEE SIMPLE 27 Roger Williams University Law Review 305 (Spring, 2022) There is a special trust relationship between the federal government and American Indian tribes, referred to as the trust responsibility. However, it is difficult to frame the scope of this relationship. One narrow interpretation is the trust instrument formed when the federal government takes tribal land in fee simple, to manage for the benefit... 2022  
Jorden Messmer REVIVING SUPPLEMENTAL ENVIRONMENTAL PROJECTS 53 University of Toledo Law Review 527 (Spring, 2022) On October 8, 2020, the Conservation Law Foundation sued Attorney General William Barr over the Department of Justice terminating nearly thirty years of legal precedent. The controversy surrounds the environmentally beneficial settlement tool known as Supplemental Environmental Projects (SEPs). Although early forms of SEPs were supported by the... 2022  
Keith Hirokawa , Steph Tai , Elizabeth Kronk Warner ROUNDTABLE ONE THE ESSENTIAL ENVIRONMENTAL LAW CURRICULUM 46 Vermont Law Review 552 (Summer, 2022) Dean Kronk Warner: I think the answer is yes and no. Traditionally, the focus in environmental law--at least how I was taught when I was in law school--was this focus on litigation-based strategies and also on federal environmental law. I think that, when we solely focus on those two issues, that goes to the critique we saw from the ABA. Any time... 2022  
Cale Jaffe , Helen Kang , Hari Osofsky ROUNDTABLE THREE ENVIRONMENTAL LAW EDUCATION: PREPARING FOR ENVIRONMENTAL PRACTICE 46 Vermont Law Review 604 (Summer, 2022) First of all, I just wanted to say a big thank you to all of you for including me in today's dialogue and putting together this really interesting series. I've gained so much from hearing everybody's insights. I think when we start talking about new strategies for addressing environmental issues to be incorporated into the law school curriculum, in... 2022  
Lincoln Davies , Karrigan Börk , Sarah Krakoff ROUNDTABLE TWO ENVIRONMENTAL LAW EDUCATION: NEW TECHNIQUES IN THE CLASSROOM AND BEYOND 46 Vermont Law Review 575 (Summer, 2022) First, I want to briefly explain our curriculum, as it exists, to help with the context for my answer. At Colorado, we have what I think of as a developmental curriculum. We have a foundations class that is the gateway to the rest of the substantive classes. And then we have pollution law, water law, public lands, climate change--a full suite of... 2022  
Jonathan Rosenbloom , Jennifer Rushlow SAME SONG, DIFFERENT CHORUS: MODERNIZING ENVIRONMENTAL LAW CURRICULUM 46 Vermont Law Review 543 (Summer, 2022) Environmental law is not what it used to be. Much has changed since the original major federal environmental statutes became law under President Nixon in the early 1970s. The climate crisis, loss of biodiversity, and more public recognition that environmental impacts disproportionately harm (and benefit) different communities according to race,... 2022  
Heather J. Tanana SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES 69-APR Federal Lawyer 52 (March/April, 2022) Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... 2022  
April Crain SLEIGHT OF LAND: THE SOCIOENVIRONMENTAL IMPACTS OF GLOBAL LAND TRADE IN THE INTERNATIONAL INVESTMENT SYSTEM 33 Colorado Environmental Law Journal 219 (Winter, 2022) C1-2Table of Contents Introduction. 220 I. Southward Expansion. 222 A. Global Land Trade and Foreign Direct Investment. 224 1. Large-Scale Land Acquisition. 224 2. Resource-Seeking Bilateral Lending. 226 B. Socioenvironmental Impacts of Global Land Trade. 229 1. Deforestation and Biodiversity Loss Due to Land-Use Changes. 230 2. Increased... 2022  
Eric Biber , Giulia Gualco-Nelson , Nicholas Marantz , Moira O'Neill SMALL SUBURBS, LARGE LOTS: HOW THE SCALE OF LAND-USE REGULATION AFFECTS HOUSING AFFORDABILITY, EQUITY, AND THE CLIMATE 2022 Utah Law Review 1 (2022) Housing costs in major coastal metropolitan areas nationwide have skyrocketed, impacting people, the economy, and the environment. Land-use regulation, controlled primarily at the local level, plays a major role in determining housing production. In response to this mounting housing crisis, scholars, policymakers, and commentators are debating... 2022  
Brent D. Chicken, Amanda J. Dick SOVEREIGN LANDS 8 One J: Oil and Gas, Natural Resources, and Energy Journal 517 (December, 2022) C1-2Table of Contents I. Introduction. 517 II. Federal Regulatory Developments. 518 A. Amendments and Policy Updates. 518 B. New Rules. 521 C. Looking Forward. 523 III. Judicial Developments. 524 A. Moratorium on Federal Leases. 524 B. BLM Environmental Review. 526 C. CO2 Royalties Under Federal Leases. 526 D. Pipeline Regulations. 527 2022  
James McElfish STATE PROTECTION OF NONFEDERAL WATERS: TURBIDITY CONTINUES 52 Environmental Law Reporter (ELI) 10679 (September, 2022) Judicial or administrative changes in the regulatory scope of the 1972 Clean Water Act (CWA) are not merely theoretical, but directly affect members of the public who rely on the services that waters provide to ecosystems and the health of communities. Changes also affect entities that discharge pollutants to waters, and state regulators that are... 2022  
Samuel T. Ayres STATE WATER OWNERSHIP AND THE FUTURE OF GROUNDWATER MANAGEMENT 131 Yale Law Journal 2213 (May, 2022) Climate change--bringing worse drought and more erratic weather--will both increase our need for groundwater and shrink the amount available. Managing dwindling groundwater reserves poses stark legal and policy challenges, which fall largely on the states. But in many states, antiquated legal regimes allow for an unrestricted race to pump aquifers... 2022  
Jon W. Katchen , Nicholas Ostrovsky STRANGERS IN THEIR OWN LAND: A SURVEY OF THE STATUS OF THE ALASKA NATIVE PEOPLE FROM THE RUSSIAN OCCUPATION THROUGH THE TURN OF THE TWENTIETH CENTURY 39 Alaska Law Review 1 (June, 2022) The federal government's scattershot treatment of Alaska Natives has long created confusion over the legal status and rights of Alaska Natives and Alaska Native entities. This confusion was center stage in the recent Supreme Court case, Yellen v. Confederated Tribes of the Chehalis Reservation, involving Indian Tribe entitlement to CARES Act... 2022  
Emily Reeves TAKING BACK SOVEREIGNTY: THE IMPORTANCE OF NATIVE VOICES IN ADDRESSING ENVIRONMENTAL HARMS TO NATIVE LAND 52 California Western International Law Journal 615 (Spring, 2022) C1-2Table of Contents Introduction. 616 I. History of Tribal Sovereignty. 619 II. Tribal Sovereignty and Environmental Rights. 620 III. Description of Controversy. 623 A. The Enbridge Pipeline. 624 B. Department of Natural Resources v. White Earth Band of Ojibwe. 625 IV. Repercussions of Department of Natural Resources v. White Earth Band of... 2022  
Lauren Reznick TAKING ON PAST INJUSTICES: NEW LAND COURT PROCEDURE OFFERS SOLUTIONS TO HOMEOWNERS FOR RACIALLY RESTRICTIVE COVENANTS IN LAND RECORDS 66-WTR Boston Bar Journal 19 (Winter, 2022) No part of the land hereby conveyed or any of the improvements thereon shall ever be sold, leased, traded, deeded or donated to any one other than of the Caucasian race. These above words live within Massachusetts land records and remind us of a not-too-distant shameful past. Throughout the early twentieth century, racially restrictive covenants,... 2022  
Luis Inaraja Vera TAKINGS PROPERTY AND APPROPRIATIVE WATER RIGHTS 44 Cardozo Law Review 271 (October, 2022) The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property [shall not] be taken for public use, without just compensation. While courts and academics have put considerable amounts of effort into discussing the meaning of taken or public use, they have given far less attention to the phrase... 2022  
Doug Williams TEACHING ENVIRONMENTAL LAW AFTER TRUMP 66 Saint Louis University Law Journal 469 (Spring, 2022) This Article addresses some of the challenges in teaching environmental law after the administration of President Donald Trump. The Trump Administration mounted a relentless, aggressive, and largely deregulatory overhaul of the nation's major environmental regulatory efforts, particularly the efforts of the prior Obama Administration. Many of these... 2022  
Kevin Cassidy , Craig Johnston TEAR DOWN THIS WALL: ALIGNING THE CORPS' ENVIRONMENTAL REVIEW OBLIGATIONS UNDER NEPA AND THE CLEAN WATER ACT FOR SECTION 404 WETLAND PERMITS 52 Environmental Law 395 (Summer, 2022) Under its public interest review regulation, the U.S. Army Corps of Engineers (Corps) reserves to itself the power to consider a broad range of factors in determining whether it should issue Section 404 permits under the Clean Water Act (CWA). This review supplements, and is distinct from, the analysis that the Corps must engage in pursuant to... 2022  
Michael J. Amato THE BEST AND WORST FORM OF ENVIRONMENTAL ENFORCEMENT: THIRD-PARTY PAYMENTS AND EXECUTIVE SETTLEMENT POLICY 110 Georgetown Law Journal 1171 (May, 2022) C1-2Table of Contents Introduction. 1172 I. Background of Third-Party Payments. 1178 A. HISTORICAL BACKGROUND. 1179 B. MODERN THIRD-PARTY PAYMENTS. 1181 1. Supplemental Environmental Projects. 1182 2. Equitable Mitigation. 1183 3. Community Service. 1184 4. Restitution. 1185 C. CRITICISM. 1186 1. Statutory Criticism. 1187 2. Policy Criticism. 1188... 2022  
Casey Hellman, Staff Contributor THE BIDEN ADMINISTRATION'S NEW TOOL TO ADDRESS ENVIRONMENTAL INJUSTICE 10/23/2022 Georgetown Environmental Law Review Online 1 (23-Oct-22) Using the Explore the Map tool to view data for a specific community in Washington, D.C. On January 27, 2021, President Biden issued Tackling the Climate Crisis at Home and Abroad, an executive order intended to increase the primacy of climate issues in domestic and foreign policy. The Order created the Justice40 Initiative, which is a commitment... 2022  
Skye M. Walker, 2021-2022 Symposium Editor THE CLEAN WATER ACT AT 50: REQUIEM OR RESURRECTION? 52 Environmental Law I (Summer, 2022) Fifty years ago, Congress passed the Federal Water Pollution Control Act of 1948 (later known as the Clean Water Act) in response to a disturbing public health issue: egregious pollution of U.S. waterbodies. The Cuyahoga River fire of 1969, among other events, generated national concern over water quality and set in motion a new regulatory era.... 2022  
Tom I. Romero, II THE COLOR OF LOCAL GOVERNMENT: OBSERVATIONS OF A BROWN BUFFALO ON RACIAL IMPACT STATEMENTS IN THE MOVEMENT FOR WATER JUSTICE 25 CUNY Law Review 241 (Summer, 2022) This Article advocates for the adoption of racial impact statements (RIS) in local government decision making, particularly among water utilities. Situated in the larger history of water and climate injustice in Colorado and the arid American West, this Article examines ways that racially minoritized communities engage and contest legal and... 2022  
  THE CONSTITUTIONAL RIGHT TO SAVE THE ENVIRONMENT 52 Environmental Law Reporter (ELI) 10007 (January, 2022) More than 50 years ago, Franklin Kury drafted and championed an Environmental Rights Amendment to the Pennsylvania Constitution. His book, The Constitutional Question to Save the Planet: The Right to a Healthy Environment (ELI Press 2021), expands upon the story of his amendment to demonstrate how its principles can be the basis for addressing... 2022  
Khiara M. Bridges THE DYSGENIC STATE: ENVIRONMENTAL INJUSTICE AND DISABILITY-SELECTIVE ABORTION BANS 110 California Law Review 297 (April, 2022) Disability-selective abortion bans are laws that prohibit individuals from terminating a pregnancy because the fetus has been diagnosed with a health impairment. Many environmental toxins--to which low-income people and people of color disproportionately are exposed--are known to cause impairments in fetuses. When the fact of environmental... 2022  
Gabriel J. Chin *, Anna Ratner ** THE END OF CALIFORNIA'S ANTI-ASIAN ALIEN LAND LAW: A CASE STUDY IN REPARATIONS AND TRANSITIONAL JUSTICE 29 Asian American Law Journal 17 (2022) For nearly a century, California law embodied a rabid anti-Asian policy, which included school segregation, discriminatory law enforcement, a prohibition on marriage with Whites, denial of voting rights, and imposition of many other hardships. The Alien Land Law was a California innovation, copied in over a dozen other states. The Alien Land Law,... 2022  
Kylah Staley THE EXTRACTION INDUSTRY IN LATIN AMERICA AND THE PROTECTION OF INDIGENOUS LAND AND NATURAL RESOURCE RIGHTS: FROM CONSULTATION TOWARD FREE, PRIOR, AND INFORMED CONSENT 73 Hastings Law Journal 1145 (May, 2022) Resource extraction and exploitation threaten the survival of Indigenous and tribal peoples, who are amongst the most marginalized communities in the world. This is both a human rights issue and an environmental issue. There are around 300 million people that make up Indigenous communities worldwide, the majority of whom live in forests.... 2022  
Shira Cohen THE FAILINGS OF THE UNITED STATES JUSTICE SYSTEM: LOBATO v. TAYLOR AND MEXICAN COMMUNITY LAND GRANTS 93 University of Colorado Law Review 841 (Summer, 2022) Introduction. 842 I. The Broken Promises of the Treaty of Guadalupe-Hidalgo. 845 A. Communal Land Ownership in Mexico. 846 B. The Treaty and Its Import to Community Land Grants. 847 C. Disregard of Community Land Grants and Treaty Violations. 849 1. Tameling and the Removal of Courts from the Land-Grant Confirmation Process. 849 2. Sandoval and... 2022  
Joshua Ozymy , Melissa Jarrell Ozymy THE GREEN POLICE IN THE GOLDEN STATE: AN ANALYSIS OF THE CRIMINAL ENFORCEMENT OF ENVIRONMENTAL LAW IN THE STATE OF CALIFORNIA 28 Hastings Environmental Law Journal 3 (Winter, 2022) The use of criminal enforcement tools is necessary for deterring and punishing environmental offenses involving significant harm or culpable conduct. Yet we have very limited empirical knowledge of how the criminal enforcement of environmental laws has functioned historically in the Golden State. Through content analysis of prosecution summaries... 2022  
Scott W. Stern THE JUSTICE FROM MONSANTO: THE ENVIRONMENTAL LIFE AND LAW OF CLARENCE THOMAS 46 Harvard Environmental Law Review 67 (2022) Ever since his controversial 1991 confirmation hearings, Justice Clarence Thomas has been the subject of ravenous popular and scholarly interest. Today, there is a veritable shelf of books and studies analyzing his biography, his ideology, and his jurisprudence. Yet one area has been missing from the existing literature: environmental law. Few... 2022  
Stella Emery Santana THE LEGAL ASPECTS OF WATER AS A HUMAN RIGHT ACCORDING TO THE 2030 AGENDA: A COMPARATIVE ANALYSIS BETWEEN BRAZIL AND THE UNITED STATES OF AMERICA 32 Indiana International & Comparative Law Review 287 (2022) This research article demonstrates the legal aspects of water as a human right by utilizing the United Nations (UN) 2030 Agenda on Sustainable Development as the primary comparative tool. Brazil and the United States of America (USA) are the objects of research for this legal analysis. Both countries were the subjects of analysis because of the... 2022  
Victor Flatt THE MYTH OF STATE SURFACE WATER REGULATION--THE FIFTY YEAR FLAW OF THE FEDERAL WATER POLLUTION CONTROL ACT JURISDICTIONAL DEBATE 52 Environmental Law 331 (Summer, 2022) In 1972, when the federal government took the lead in protecting our nation's waters from pollution and destruction, it intended to assert federal jurisdiction as broadly as possible. Nonetheless, for the last fifty years, the precise contours of federal jurisdiction (the extent of waters of the United States or WOTUS) have been in dispute,... 2022  
Kurt Wohlers THE PARTICLE PROBLEM: USING RCRA CITIZEN SUITS TO FILL GAPS IN THE CLEAN AIR ACT 121 Michigan Law Review 325 (November, 2022) While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for... 2022  
Michelle Bryan THE POWER OF RECIPROCITY: HOW THE CONFEDERATED SALISH & KOOTENAI WATER COMPACT ILLUMINATES A PATH TOWARD NATURAL RESOURCES RECONCILIATION 25 University of Denver Water Law Review 227 (Spring, 2022) INTRODUCTION. 229 The Peoples and Their Place. 230 Why This Story Matters. 232 Roadmap for this Article. 235 I. HOW THE FEDERAL GOVERNMENT SET THE STAGE FOR TRIBAL-STATE COMPETITION OVER SCARCE WATER RESOURCES. 235 A. It Began in Montana: The Winters Doctrine and Tribal Water Rights. 235 B. The McCarran Amendment and its Impact on Tribal-State... 2022  
George Moshenski-Dubov THE PROTECTION OF ENVIRONMENTAL LAW UNDER NAFTA AND CUSMA: A CANADIAN PERSPECTIVE 46 Canada-United States Law Journal 239 (2022) C1-2Table of Contents I. INTRODUCTION. 240 II. NAFTA HISTORY. 240 A. North American Agreement on Environmental Cooperation. 241 1. Objectives. 241 2. Obligations. 241 3. Commission for Environmental Cooperation. 242 4. Cooperation and Provision of Information. 242 5. Consultation and Resolution of Disputes. 242 6. General Provisions and 7. Final... 2022  
Arthur D. Middleton, Temple Stoellinger, Drew E. Bennett, Travis Brammer, Laura Gigliotti, Hilary Byerly Flint, Sam Maher, Bryan Leonard THE ROLE OF PRIVATE LANDS IN CONSERVING YELLOWSTONE'S WILDLIFE IN THE TWENTY-FIRST CENTURY 22 Wyoming Law Review 237 (2022) I. Introduction. 238 II. Origins, Ownership, and Use of Private Land in the Gye. 244 III. Importance of Private Lands to Wide-Ranging Wildlife in the Gye. 251 A. The Grizzly Bear. 252 B. The Elk. 254 IV. Conceptual Basis for Wildlife Conservation on Private Lands. 260 A. Responsibilities of Landowners Toward Wildlife; and of the Public Toward... 2022  
Heather J. Tanana, Elisabeth Paxton Parker THE UNFULFILLED PROMISE OF INDIAN WATER RIGHTS SETTLEMENTS 37-FALL Natural Resources & Environment 12 (Fall, 2022) When the Ute Bands signed the treaty establishing the Ute Reservation in 1868, the United States promised the Ute people that the Reservation would be a permanent home that would support our people forever. The key to carrying out that promise is water--a fact that the Tribal leadership has always known but which the United States has sometimes... 2022  
Andrew Simmons TIJUANA RIVER VALLEY POLLUTION: HOW THE ENVIRONMENTAL PROTECTION AGENCY EXPECTS TO END A NINETY-YEAR ENVIRONMENTAL AND PUBLIC HEALTH CRISIS 33 Villanova Environmental Law Journal 113 (2022) The Tijuana River Valley (TRV) is a transboundary watershed that covers approximately 1,750 square miles across Mexico and the United States. Although the TRV spans the border, most of its water flow originates in Mexico's Baja California mountain ranges and flows downhill north towards the United States. Mexico contains approximately seventy-five... 2022  
Dino Delgado Gutiérrez TRADE AGREEMENTS AND ENVIRONMENT IN LATIN AMERICA 52 Environmental Law Reporter (ELI) 10311 (April, 2022) Inspired by the work of the Secretariat for Submissions on Environmental Enforcement Matters of the United States-Peru Trade Promotion Agreement, this Article surveys other environmental submission mechanisms in Latin America, looking at similarities and differences. Beyond the criticisms made of these processes, they have value as independent... 2022  
Jason Miranda U.S. DISTRICT COURT LETS PRO SE GAY TEACHER PURSUE HOSTILE WORK ENVIRONMENT CLAIM 2022 LGBT Law Notes 14 (November, 2022) Teachers across the U.S. consistently face a large burden in today's education system--underfunded, underpaid, and tasked with obtaining standardized test results while maintaining ever-increasing limits on permitted curriculum. One particular schoolteacher, Jared Hester, has had to deal with what appears to be an onslaught of harassment from... 2022  
Rebecca Glenn UNREALIZED FEDERAL INDIAN WATER RIGHTS ON THE COLORADO RIVER: AN OPPORTUNITY FOR EQUITY AND CONSERVATION 25 University of Denver Water Law Review 287 (Spring, 2022) I. Introduction. 288 II. The Law of the River. 290 A. A Brief History. 290 B. The Drought. 292 III. Federal Indian Water Rights on the Colorado River. 294 A. A Brief History of Federal Indian Reserved Water Rights, Generally. 294 B. Federal Indian Water Rights Settlements and Adjudications on the Colorado River. 297 1. The Colorado Ute Indian Water... 2022  
Travis Brammer USING LAND AND WATER CONSERVATION FUND MONEY TO PROTECT WESTERN MIGRATION CORRIDORS 22 Wyoming Law Review 61 (2022) I. Introduction. 62 II. Background. 63 A. Importance of Migration Corridors. 64 B. Threats to Migration Corridors. 71 C. The Land and Water Conservation Fund. 74 III. Migration Corridor Conservation Funding. 77 A. Existing Efforts to Protect Migration Corridors. 78 B. Need for Additional Federal Funding. 83 IV. Using LWCF Money. 84 A. LWCF Funding... 2022  
Katharine Bleau VALUING NATURE IN ENVIRONMENTAL LAW 37-SUM Natural Resources & Environment 52 (Summer, 2022) Last year marked the start of the United Nations Environment Programme's (UNEP) Decade on Ecosystem Restoration. UNEP et al., Ecosystem Restoration Playbook: A Practical Guide to Healing the Planet, at 3 (2021). This call to recover nature stems largely from society's remaining tendency to value the short-term gains from environmental degradation... 2022  
Michael C. Blumm , Michael Benjamin Smith WALKER LAKE AND THE PUBLIC TRUST IN NEVADA'S WATERS 40 Virginia Environmental Law Journal 1 (2022) The public expects this unique natural resource to be preserved and for all of us to always be able to marvel at this massive glittering body of water lying majestically in the midst of a dry mountainous desert. --Justice Robert Rose Walker Lake, a terminal desert lake in western Nevada's Mineral County was once home to a thriving trout fishery... 2022  
Abigail R. Brown WATER JUSTICE UNDER THE BIG SKY: LOCATING A HUMAN RIGHT TO WATER IN MONTANA LAW 45 Public Land & Resources Law Review 41 (2022) I. Introduction. 42 II. Background: Water Scarcity in Montana's Communities. 44 III. Montana's Prior Appropriation Doctrine and Domestic Preference. 49 A. Prior Appropriation in Montana. 49 B. Domestic Preference: An Exception to the Rule of Priority. 52 C Montana's Legal Authority to Recognize a Domestic Preference: Reconsidering Mettler. 54 IV. A... 2022  
Richard A. Monette WATER LAW IN NATIVE NATION TERRITORIES 95-OCT Wisconsin Lawyer 10 (October, 2022) Maintaining access to sufficient clean water sometimes requires resort to the legal system. Determining rights to water on Indian land is a special exercise in choice of laws, jurisdiction, and balance of competing policies and cultures. Indian water rights law is complex, meandering through federal Indian law and several relatively distinct but... 2022  
Stephen M. Johnson WHITHER THE LOFTY GOALS OF THE ENVIRONMENTAL LAWS?: CAN STATUTORY DIRECTIVES RESTORE PURPOSIVISM WHEN WE ARE ALL TEXTUALISTS NOW? 49 Pepperdine Law Review 285 (2022) Congress set ambitious goals to protect public health and the environment when it enacted the federal environmental laws through bipartisan efforts in the 1970s. For many years, the federal courts interpreted the environmental laws to carry out those enacted purposes. Over time, however, courts greatly reduced their focus on the environmental and... 2022  
John A. Kolanz WHY COLORADO SHOULD EVALUATE CLEAN WATER ACT SECTION 404 PROGRAM ASSUMPTION 33 Colorado Environmental Law Journal 55 (Winter, 2022) C1-2Table of Contents Introduction. 56 I. Background. 57 II. Discussion. 59 A. Why Colorado Might Reach a Different Conclusion This Time Around. 59 1. Removal of Certain Barriers to State Section 404 Program Assumption. 59 a. The Assumable Waters Barrier. 60 b. The Endangered Species Act (ESA) Barrier. 65 c. The Program Administration Funding... 2022  
Anne MacKinnon WYOMING WATER LAW GIVES STATE KEY ROLE THROUGH CHANGING TIMES 45-JUN Wyoming Lawyer 42 (June, 2022) Most people interested in water in Wyoming know the name of Elwood Mead, who as a young engineer in the 1880s wrote the core of water law promoted as a model for other states at the time. Mead adopted the common Western principle of prior appropriation, first in time, first in right, that provides that the earliest rights can get water first. But... 2022  
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