| Author | Title | Citation | Summary | Year |
| Claire Mullaney , Michele Okoh |
A DROP IN THE BUCKET: NORTH CAROLINA'S NEGLECTED PROBLEM OF PRIVATE WELL WATER CONTAMINATION |
3 North Carolina Civil Rights Law Review 1 (Spring, 2023) |
In the U.S., an estimated 42.5 million people--about 13% of the nation's population--obtain their drinking water from private wells. While the Safe Drinking Water Act protects those served by public water systems from unsafe levels of contamination in their water, limited legal protection exists for private well users, leaving them susceptible to... |
2023 |
| Evan Weis |
A SOCIAL FUNCTION OF WATER: HOW COLORADO'S DOCTRINE OF PRIOR APPROPRIATION CAN PREPARE FOR THE FUTURE BY RETURNING TO ITS HEADWATERS |
26 University of Denver Water Law Review 105 (Fall, 2023) |
Introduction. 106 Part I.A. The Origins Of Prior Appropriation. 108 B. Market Theory and Economic Efficiency. 109 C. The Years To Come. 111 Part II: A Social Function Of Water. 112 A. The Social Function of Property. 113 B. Application of the Social Function of Property to Prior Appropriation. 114 Part III. Environmental Justice. 116 A. Water... |
2023 |
| Karrigan Börk , Sonya Ziaja |
AMORAL WATER MARKETS? |
111 Georgetown Law Journal 1335 (June, 2023) |
Severe water scarcity in the western United States is prompting legitimate questions about the best way to decide which places, people, industries, and species need it most. Water markets, which allow for trading water like a commodity, are perennial proposals during times of scarcity. Water markets have an innate allure: promising to efficiently... |
2023 |
| Benjamin Longbottom , Aley Gordon |
BEYOND ALL DROUGHT: IMPROVING URBAN WATER CONSERVATION IN THE WEST THROUGH INTEGRATIVE WATER AND LAND USE POLICY |
63 Natural Resources Journal 88 (Winter, 2023) |
Although droughts have long plagued the western United States, rapid population growth and climate change are making the American West increasingly water insecure. In some western states, including Arizona, Colorado, and California, decisionmakers are responding to these changes with innovative water conservation-focused land use policies. In other... |
2023 |
| Elias Walker |
CELESTIAL WATER LAW: CREATING A FRAMEWORK GOVERNING WATER RESOURCES IN SPACE |
57 Georgia Law Review 1347 (Spring, 2023) |
Water has always been the most valuable resource on our little blue planet. Since the dawn of civilization, water has been at the center of human economic, military, and technological advancement. It has long been known that whoever controls access to water holds the reins of power. The modern era of outer space exploration is certainly no... |
2023 |
| Slam Dunkley |
CENTERING MNI WACONI IN WATER LAW: THE NATURE OF THE PONCA TRIBE OF OKLAHOMA'S WATER RIGHTS AND POTENTIAL METHODS TO ASCERTAIN THEM |
13 Arizona Journal of Environmental Law & Policy 24 (Summer, 2023) |
Water is not a natural resource. Water is a source of life that every being on this planet has an inalienable right to. For that reason, we say Mni Waconi which means Water is Life. The law of the United States, however, ignores this fact and attempts to create a means of dominion over a source of life that is sacred and gifted with the... |
2023 |
| by Barbara L. Jones , Minneapolis, MN |
Does the United States Have a Duty Under Existing Treaties to Address the Navajo Nation Reservation's Water Needs? |
50 Preview of United States Supreme Court Cases 3 (3/20/2023) |
The Navajo Nation seeks breach-of-trust remedies under 1849 and 1868 treaties, alleging that the United States breached its treaty-based obligation to make water available to the Nation on its reservation. The use of the rivers in the Southwest, including the Colorado River, have long been the subject of litigation. The case before the Court is... |
2023 |
| Benjamin Wilken |
DROUGHT IN THE AMERICAN WEST AND EQUITABLE WATER USE |
4/10/2023 Georgetown Environmental Law Review Online 1 (4/10/2023) |
Horseshoe Bend on a sunny day. The American West is dry. Despite extreme weather events like the series of atmospheric rivers that doused the West Coast (from late 2022 until the time of this piece's composition), capable of dumping up to half an inch of rain an hour, the overall trend has been one of less reliable precipitation in a narrowing band... |
2023 |
| Emily Brennan |
ENVIRONMENTAL (IN)JUSTICE: EVALUATING THE FACTORS THAT LED TO THE JACKSON WATER CRISIS & PROPOSING A SOLUTION FOR ENVIRONMENTAL JUSTICE IN MISSISSIPPI |
41 Mississippi College Law Review 244 (2023) |
C1-2Table of Contents I. Introduction. 244 II. Background. 247 A. The Origins of the EJ Movement in the U.S. 247 B. Introductory Studies and Literature on EJ. 249 C. Presidential Action and Commitment to Protection. 251 III. Current Pathways Available for EJ Claims. 254 A. EJ Litigation. 254 B. Federal Agencies and Offices Addressing EJ. 256 C.... |
2023 |
| Radiance Jeanette Campbell |
ESTABLISHING A RIGHT TO PUBLIC RECREATION: STATE-BASED WATER LAW REFORMS TO REMEDY THE NATURE ACCESS GAP |
111 Georgetown Law Journal Online 201 (2023) |
Introduction I. The Nature Gap a. the trauma of recreation b. barriers to recreation access c. reclaiming outdoorsyness II. The Right to Recreation in the Context of Water Scarcity a. illinois 1. Attaching Water Rights to Property Ownership Hinders Public Recreation a. Illinois Should Increase Public Lands b. Illinois Should Increase Public Use of... |
2023 |
| Wendy Heipt |
FACTORY AQUACULTURE vs. THE RIGHT TO FOOD: THE FIRST CONFLICT ON AMERICAN SHORES |
38 Journal of Environmental Law & Litigation 171 (2023) |
I. Introduction. 171 A. The Right to Food. 172 B. The Right to Food in the United States. 174 C. A History of Fishing in Maine. 175 D. Advocacy and Adoption of the RtF in Maine. 177 II. Aquaculture in Maine. 180 A. CAFOs and the RtF. 181 B. CAAPs and the RtF. 186 C. CAAPs in Maine: Challenges Before and After Enactment of the RtF. 188 D. The Future... |
2023 |
| Gabriel Eckstein, Paul Stanton Kibel |
FISHING AND FISHERIES UNDER INTERNATIONAL WATER LAW: A DIALOGUE BETWEEN PROFESSOR GABRIEL ECKSTEIN AND PROFESSOR PAUL STANTON KIBEL |
15 Golden Gate University Environmental Law Journal 17 (Spring, 2023) |
On April 10 and 11, 2023, the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law hosted a two-day webinar on International Law Aspects of Fisheries and Hydropower in Europe. To open the webinar, Professor Gabriel Eckstein (of Texas A&M University School of Law) and Professor Paul Stanton Kibel (of Golden Gate... |
2023 |
| Michele Okoh |
FORGOTTEN WATERS |
111 Georgetown Law Journal 723 (April, 2023) |
Over 43 million Americans, approximately 15% of the population, rely on private wells for drinking water. These Americans do not have access to public water systems and are not protected by the Safe Drinking Water Act. These individuals are instead left with a set of widely differing state laws regulating their drinking water wells. Most of these... |
2023 |
| Samantha Blount |
FRACKED REGULATION: HOW REGULATORY EXEMPTIONS FOR FRACKING HARM TRIBAL WATERS |
38 Journal of Environmental Law & Litigation 255 (2023) |
Introduction. 255 I. Environmental and Human Health Effects of Oil and Natural Gas Production and the Gap in Monitoring and Reporting. 259 II. Current Water Pollution Issues on the Wind River Reservation and the Fort Berthold Reservation. 263 A. Wind River Reservation. 263 B. Fort Berthold Reservation. 266 III. Legal Framework of Produced Water... |
2023 |
| Thomas J. Vilsack, JD |
HEALTHY SCHOOL MEALS FOR ALL: THE ROLE OF FOOD LAW AND POLICY |
19 Journal of Food Law & Policy 8 (Spring, 2023) |
On September 28, 2022, I had the tremendous privilege of kicking off the second, historic White House Conference on Hunger, Nutrition, and Health. As I discussed in my opening remarks and in the United States Department of Agriculture (USDA) post-Conference report, the first Conference held more than 50 years ago by President Nixon in 1969 had... |
2023 |
| Craig Anthony (Tony) Arnold , Frank Bencomo-Suarez , Pierce Stevenson , Elijah Beau Eisert , Henna Khan , Rachel Utz , Rebecca Wells-Gonzalez |
JUSTICE, RESILIENCE, AND DISRUPTIVE HISTORIES: A SOUTH FLORIDA CASE STUDY |
34 Colorado Environmental Law Journal 213 (Spring, 2023) |
C1-2Table of Contents I. Introduction. 214 II. Social-Ecological Resilience and the Role of Justice. 217 III. Resilience Justice and Disruptive Histories. 226 IV. The Florida Everglades and Tribal Water Justice. 229 A. The Tribes. 229 B. The Everglades. 234 C. Tribal Water-Justice Struggles. 238 V. Miami and Climate Justice. 249 VI. Conclusion. 262 |
2023 |
| Lacey Rammell-O'Brien |
KEEPING "CURRENT" WITH THE IDAHO WATER ADJUDICATIONS |
66-SEP Advocate 14 (September, 2023) |
Greek philosopher Heraclitus of Ephesus is attributed with the expression, No man ever steps in the same river twice, for it's not the same river and he's not the same man. The Idaho Water Adjudications are much like Heraclitus' river, flowing and changing as they roll through the state. Long-time followers of the Idaho Water Adjudications know... |
2023 |
| Heather Latino |
LEVERAGING HOUSING PROGRAMS: ENSURING THAT FOOD ACCESS INVESTMENTS DO NOT DISPLACE PEOPLE |
19 Journal of Food Law & Policy 58 (Spring, 2023) |
I see one-third of a nation ill housed, ill clad, ill nourished .. The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little. Franklin Delano Roosevelt, January 20, 1937 In September 2022, the Biden-Harris Administration convened a White House... |
2023 |
| Peter D. Burdon , Simon Molloy , P. T. Babie |
PERCEPTIONS OF WATER RIGHTS AND REFORMING WATER LAW IN INTEGRATED RIVER SYSTEMS: A USER-STAKEHOLDER ORIENTATED RESEARCH METHODOLOGY |
128 Penn State Law Review Penn Statim 152 (11/26/2023) |
This article proposes a research methodology developed for use in studying the role that water users and the stakeholders must play in the reform of water law at three institutional levels: that governing the individual, the national, and the international. The centre-piece of the article presents a pilot study in which the proposed research... |
2023 |
| Troy Rule |
POSITIVE-SUM WATER-ENERGY-FOOD NEXUS GOVERNANCE |
31 New York University Environmental Law Journal 117 (2023) |
This Article introduces the distinction between zero-sum and positive-sum water-energy-food (WEF) nexus interactions and argues for a greater policy focus on promoting interactions that are positive-sum. Historically, most WEF nexus governance research has centered on promoting more integrated management of scarcity-driven tradeoffs among nexus... |
2023 |
| Elizabeth Macpherson |
REFLECTING ON THE FUTURE OF HUMAN-WATER RELATIONSHIPS |
48 Law and Social Inquiry 1091 (August, 2023) |
Andrea Ballestero. A Future History of Water. Durham, NC: Duke University Press, 2019. Water is sensational. Increasingly, social science scholarship on water is framed around explosive narratives like crisis, Anthropocene, extinction, and posthumanism (Bakker 2010; Kotzé 2014; Grear et al. 2021; Cowie, Bouchet, and Fontaine 2022). In this work,... |
2023 |
| Peyton Lindley |
RHETT B. LARSON, JUST ADD WATER (OXFORD UNIVERSITY PRESS, 2020) |
26 University of Denver Water Law Review 141 (Fall, 2023) |
Rhett B. Larson is the Richard Morrison Professor of Water Law at Arizona State University's Sandra Day O'Connor College of Law and a Senior Research Fellow at the Kyl Center for Water Policy. His research focuses on the impact of technological innovation on water rights regimes, including how countries share transboundary waterbodies, and on the... |
2023 |
| |
SCOTUS NAVAJO WATER CASE RECAP DISPUTED |
60-NOV Arizona Attorney 8 (November, 2023) |
I write to express my serious concern over the misstatements and omissions contained in an article that appeared in the July-August issue (Up Shit Creek-- Looking for a Paddle) concerning a case recently decided by the U.S. Supreme Court, Arizona v. Navajo Nation, 599 U.S. _ (2023). As the Counsel of Record for the Intervenors, I am intimately... |
2023 |
| Jonathan Tromp |
SWEEPING REGULATIONS SWEEP-UP CRUISERS: HOW INCREASED REGULATION FOR DERELICT BOATS RESTRICTS ACCESS TO AMERICA'S WATERWAYS FOR CRUISERS |
19 Animal & Natural Resource Law Review 123 (June, 2023) |
--John F. Kennedy, 1962 America's Cup Dinner Answering the call to the sea that President Kennedy so eloquently described, Sean and Louise traded their successful professional careers for a life that would eventually consist of cruising full-time aboard their 52 foot Nova Scotian built steel hulled trawler, Odyssey. Though during the past decade... |
2023 |
| Etienne C. Toussaint |
THE ABOLITION OF FOOD OPPRESSION |
111 Georgetown Law Journal 1043 (May, 2023) |
Public health experts trace the heightened risk of mortality from COVID-19 among historically marginalized populations to their high rates of diabetes, asthma, and hypertension, among other diet-related comorbidities. However, food justice activists call attention to structural oppression in global food systems, perhaps best illuminated by the... |
2023 |
| Gary Lilienthal, Ph.D. , Nehaluddin Ahmad, LL.D. , Belay Shibeshi Awoke, LL.M. , Ashraf M. A. Elfakharani, Ph.D. |
THE BLUE NILE AND ITS WATERCOURSE THROUGH ETHIOPIA INTO SUDAN AND EGYPT: A PARADIGMATIC SHIFT IN WATER RIGHTS, AN ANALYTICAL OVERVIEW |
36 Tulane Environmental Law Journal 7 (Summer, 2023) |
The February 2020 round of Washington-brokered talks among Egypt, Ethiopia, and Sudan, on filling the Grand Ethiopian Renaissance Dam (GERD) failed to reach an agreement after Ethiopia walked away from the talks. The objective of this research is to examine critically the paradigmatic interfaces between the three water rights regimes of Ethiopia,... |
2023 |
| |
THE CLEAN WATER ACT'S 50TH ANNIVERSARY |
53 Environmental Law Reporter (ELI) 10005 (January, 2023) |
October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the... |
2023 |
| Joseph W. Dellapenna |
THE DISPUTE OVER THE STATUS AND USE OF THE SILALA RIVER (CHILE v. BOLIVIA): THE INTERNATIONAL COURT OF JUSTICE AGAIN DECLINES TO APPLY INTERNATIONAL WATER LAW |
23 Wyoming Law Review 73 (2023) |
I. Introduction. 73 II. The Silala River Case. 74 III. An Introduction to International Law. 77 A. The Nature of Law in General. 78 B. Is International Law, Law?. 80 IV. General Conventional and Customary International Law Applicable to Internationally Shared Waters. 83 V. What the Court Might Have Done. 85 A. The Duty to Cooperate. 85 B. The... |
2023 |
| Samantha Doss |
THE FOOD DISTRIBUTION PROGRAM ON INDIAN RESERVATIONS: PAST, PRESENT, AND FUTURE |
76 Arkansas Law Review 219 (2023) |
In 2018, the United States Department of Agriculture (USDA) proposed replacing much of the Supplemental Nutrition Assistance Program (SNAP) with America's Harvest Box, a program that would directly distribute a package of non-perishable food items to low-income families. The proposal was met with intense controversy. Many hunger advocates,... |
2023 |
| Adam Crepelle |
THOUGHTS ON A NATION WITHIN'S DISCUSSION OF THE NAVAJO NATION'S WATER RIGHTS |
52 Southwestern Law Review 208 (2023) |
Professor Ezra Rosser's book, A Nation Within: Navajo Land and Economic Development, paints a vivid picture of the challenges facing the Navajo Nation. The book provides a concise history of the challenges the Navajo have encountered since first European contact. Rosser clearly explains the past injustices perpetrated against the Navajo by the... |
2023 |