| Author | Title | Citation | Summary | Year |
| 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 |
| Reid Peyton Chambers |
PROTECTION AND IMPLEMENTATION OF INDIAN RESERVED WATER RIGHTS AS A NECESSARY CONDITION FOR TRIBAL ECONOMIC DEVELOPMENT |
2022 Wisconsin Law Review 383 (2022) |
Introduction. 383 I. Legal Framework of Federally Reserved Indian Water Rights. 385 A. Winters Case. 385 B. Repeated Failures of the United States to Implement Winters for the First Five Decades After the Decision. 386 C. Arizona v. California. 389 II. Adjudications Involving Indian Water Rights Subsequent to Arizona v. California. 391 A. Wyoming... |
2022 |
| Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers |
RESILIENCE JUSTICE AND URBAN WATER PLANNING |
52 Seton Hall Law Review 1399 (2022) |
I. Introduction. 1400 II. Urban Water Planning And Institutions. 1405 A. Urban Water Planning. 1405 B. Local Water Institutions. 1408 C. State Water Institutions. 1409 D. Federal Water Institutions. 1414 III. Resilience Justice. 1417 IV. Case Studies: Fresno and Sacramento. 1423 A. Overview. 1423 B. Fresno Case Study. 1425 C. Sacramento Case Study.... |
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 |
| Silvia M. Radulescu |
SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN |
29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) |
Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... |
2022 |
| Iselin Gambert |
SHOULD THE GREAT FOOD TRANSFORMATION BE FAKE-MEAT FREE? CONSIDERING STRATEGIES FOR A FUTURE OF FOOD THAT IS KINDER TO PEOPLE, ANIMALS, AND THE PLANET |
6 Business, Entrepreneurship & Tax Law Review 96 (Spring, 2022) |
There is another world, but it is in this one.- Paul Éluard In 2019, former Trump White House adviser Sebastian Gorka infamously denounced advocates of the Green New Deal with the pithy admonishment, They want to take away your hamburgers. This rhetoric is ironic given that none of the politicians supporting the Deal have suggested widescale... |
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 |
| 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 |
| 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 |
| 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 |
| 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 |
| Anne Barnhill, A. Susana Ramírez, Marice Ashe, Amanda Berhaupt-Glickstein, Nicholas Freudenberg, Sonya A. Grier, Karen E. Watson, Shiriki Kumanyika |
THE RACIALIZED MARKETING OF UNHEALTHY FOODS AND BEVERAGES: PERSPECTIVES AND POTENTIAL REMEDIES |
50 Journal of Law, Medicine & Ethics 52 (Spring, 2022) |
Keywords: Race and Ethnicity, Food and Beverage Marketing, Targeted Marketing, Health Equity, Structural Racism Abstract: We propose that marketing of unhealthy foods and beverages to Black and Latino consumers results from the intersection of a business model in which profits come primarily from marketing an unhealthy mix of products, standard... |
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 |
| Dr. Katharine M. Broton, Charlotte Lenkaitis, Sarah Henry |
UNIVERSITIES AS PRODUCERS, MANAGERS, AND OPPONENTS OF POVERTY: THE CASE OF FOOD INSECURITY ON CAMPUS |
29 Georgetown Journal on Poverty Law and Policy 337 (Spring, 2022) |
Given growing awareness of and actions to address food insecurity challenges in higher education, this paper is a response to the Georgetown Journal on Poverty Law and Policy 2022 Symposium call to examine universities as producers, managers, and opponents of poverty. Bringing together the unique perspectives of a faculty scholar and two recent... |
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 |
| Timothy D. Lytton |
USING INSURANCE TO REGULATE FOOD SAFETY: FIELD NOTES FROM THE FRESH PRODUCE SECTOR |
52 New Mexico Law Review 282 (Summer, 2022) |
Foodborne illness is a public health problem of pandemic proportions. In the United States alone, contaminated food sickens an estimated 48 million consumers annually, causing 128,000 hospitalizations and 3,000 deaths. Nowhere is this crisis more acute than in the fresh produce sector, where microbial contamination in growing fields and packing... |
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 |
| 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 |
| 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 |