| Author | Title | Citation | Summary | Year |
| James J. Vinch |
THE UNEXPECTED IMPLICATIONS OF SACKETT v. EPA ON WATER QUANTITY ALLOCATIONS IN THE ARID WEST |
52 Ecology Law Quarterly 193 (2025) |
Water moves over the earth according to the hydrologic cycle and can be best understood as an integrated system. However, the law often artificially segregates the hydrologic cycle into its component parts for regulatory purposes. The Clean Water Act is an example of a statute which separates water quality--which is regulated jointly by the federal... |
2025 |
| Sarah Van Voorhis |
THERE WOULD BE FOOD FOREVER: LEVERAGING THE CULVERT CASE TO FIGHT TOXIC FISH CONTAMINATION IN THE COLUMBIA RIVER |
31 UC Law Environmental Journal 153 (May, 2025) |
The Native American Tribes of the Pacific Northwest signed treaties in the 1800s with a representative of the federal government that purported to protect their right to fish in their usual and accustomed places. Despite this explicit provision of their treaties, the Tribes have struggled to exercise this right to fish. Through a series of court... |
2025 |
| Richard A. Epstein |
THROWING COLD WATER ON CLIMATE REPARATIONS |
110 Iowa Law Review 2015 (July, 2025) |
ABSTRACT: In this Essay, I dispute the increasingly common claim that the pollution and other excesses from the developed nations of the Industrial West have, given their capitalist economies, forced global warming on the rest of the world, for which reparations are not only appropriate but also a moral imperative. But the counterarguments are... |
2025 |
| Susan Lea Smith , Darlene Sanderson |
TRANSFORMING WATER: THE EMERGING PARADIGM OF WATER JUSTICE ETHICS |
55 Environmental Law 303 (Spring, 2025) |
This Essay calls for a critical transformation in humanity's relationship with water, shifting away from the dominant western paradigm of sustainable integrated water resources management (IWRM) to water justice ethics, a life-affirming ethical relationship with water. The sustainable IWRM paradigm is superior to earlier twentieth century versions... |
2025 |
| Andrew Teegarden |
UNCERTAIN FUTURE: HOW CONDITIONAL WATER RIGHTS HAVE CREATED UNINTENDED CONSEQUENCES IN COLORADO |
28 University of Denver Water Law Review 175 (Fall, 2025) |
Introduction. 176 I. Foundational Policies for Conditional Water Rights. 177 II. Historical Development of Conditional Rights. 179 A. Prior Appropriation & Conditional Rights. 179 B. How Conditional Rights Became Law. 180 C. Constitutional Protections & Preferences. 182 III. Requirements to Obtain Conditional Rights. 182 A. Unique Aspects of... |
2025 |
| Jordann Krouse |
UNDER THE UMBRELLA OF WATER LAW: WHY RAINWATER HARVESTING SHOULD CONSTITUTE A VALID WATER RIGHT |
100 Washington Law Review 545 (June, 2025) |
Abstract: Rain is a major source of water. It provides for our greatest needs, such as feeding our gardens, crops, rivers, and lakes. As global climate change continues to unfold, the impacts of water availability and water pollution simultaneously grow more urgent. Water rights are a mechanism in the United States' legal system to allocate,... |
2025 |
| Vanessa Casado Pérez |
WATER FLOWING DOWN WALL STREET |
109 Minnesota Law Review 2749 (June, 2025) |
Water scarcity is a perennial problem with dire consequences for the United States and governments around the world. A lack of adequate water resources is a systematic cause of environmental harm, economic damage, and societal division. Climate change has exacerbated these problems making water even more valuable and essential. Financial actors... |
2025 |
| Robert Haskell “Bo” Abrams |
WATER GOVERNANCE AND WATER FUTURES IN THE UNITED STATES AND AUSTRALIA |
65 Natural Resources Journal 193 (Summer, 2025) |
The world's hydroclimate has become more extreme in the last several decades--a phenomenon described in technical terms as the loss of stationarity. Focusing particularly on the drought-induced stresses, this Article examines water governance in the American West and Australia seeking aspects in the laws, institutions, and approaches of each nation... |
2025 |
| Wesley James Furlong , Lori E. Blumenthal |
WATER KNOWS NO BOUNDARIES: TRIBAL JURISDICTION OVER NON-INDIANS' OFF-RESERVATION CONDUCT THAT THREATENS ON-RESERVATION TRIBAL WATER RESOURCES |
48 Public Land & Resources Law Review 109 (2025) |
It is also axiomatic that the quality of the natural environment on the Reservation impacts directly the health and welfare of the Tribes and the[ir] economic security. Pollution in the ground, air and water knows no boundaries and impacts Tribal, fee and allotted lands on the Reservation. It is extremely difficult to separate the effects of air... |
2025 |
| Meng Wang |
WATER PROTECTION IN ARMED CONFLICT AND THE U.N. WATERCOURSES CONVENTION |
55 Environmental Law Reporter (ELI) 10617 (November/December, 2025) |
The U.N. Watercourses Convention is a crucial agreement governing non-navigational use of international watercourses, at a time when war continues to pose challenges to water and aquatic ecosystems. This Article examines Article 29 of the Convention, which specifically addresses protection of international watercourses and related installations... |
2025 |
| Vanessa Casado Pérez |
WATER REALLOCATION IN THE WEST: GOVERNMENT AND MARKETS |
2025 Utah Law Review 235 (2025) |
The U.S. West is suffering a mega-drought. The drought, which began in the year 2000, is the worst since 800 A.D. As the West gets drier, droughts are no longer a sporadic emergency, but a structural problem. Climate change is increasing temperatures and altering precipitation patterns while increasing evaporation and water demand. Simply put, if... |
2025 |
| Kevin M. Morrow |
WATER RIGHTS IN OUTER SPACE: PRIOR APPROPRIATION AND THE FINAL FRONTIER |
36 Colorado Environmental Law Journal 7 (Winter, 2025) |
Water overshadows the other problems - Frank Herbert's Dune C1-2Table of Contents Introduction. 8 I. Discoveries of Water in Outer Space. 9 A. Water on Mars. 10 B. Discovery of Water on the Moon. 12 II. Water and the Principles of Space Law. 13 A. Environmental Protection of Space Water. 14 B. Space Treaties and Foundations of Space Law. 18 C.... |
2025 |
| Alexander Martin |
WATER, WATER, EVERYWHERE, AND NOT A DROP TO DRINK: WATER, PROPERTY, AND INTERNATIONAL LAW |
26 Currents: Journal of International Economic Law 79 (2025) |
Water is the most abundant resource in the world. Different types of water have different purposes, and freshwater is among the most precious of this resource. Earth is made up of seventy percent of water, yet only three percent of water is freshwater. Despite this wide disparity, the international community has failed to act quickly to protect... |
2025 |
| Victor Y. Wu |
WATERING DOWN ENFORCEMENT: INADEQUATE CRIMINAL LIABILITY IN STATE CLEAN WATER ACT PROGRAMS |
77 Stanford Law Review 1303 (May, 2025) |
Abstract. Environmental criminal liability plays an important role in deterring corporate polluters and motivating regulatory compliance. Accordingly, the Clean Water Act (CWA) requires states to apply criminal enforcement standards at least as stringent as the federal standards. For decades, however, the U.S. Environmental Protection Agency (EPA)... |
2025 |
| Victoria Sutton |
WE CAN PROTECT THE "WATERS OF THE UNITED STATES" AS LONG AS THEY STAY OUT OF THE HYDROLOGICAL CYCLE |
61 Idaho Law Review 89 (2025) |
The water cycle, including its oceans, surface water, wetlands, water vapor, clouds and groundwater, has resulted in a patchwork of statutes and regulations that fail to comprehensively protect the waters of the United States. This is not a simple fix, and requires Congressional positivism rather than decades of relying on the judicial branch... |
2025 |
| Katherine Fitzgerald |
WHEN POISON IS ON THE MENU: PROPOSING THE ADOPTION OF IRELAND'S STRICTER ALLERGEN REGULATIONS IN AMERICA'S FOOD ESTABLISHMENTS |
33 Journal of Law & Policy 112 (2025) |
In the modern era, a growing number of children and adults have been diagnosed with deadly food allergies. For the approximately 33 million Americans who have at least one food allergy, restaurants, aside from the home, are the most likely place where deadly reactions could occur. In order to adapt to this expanding and sensitive population, the... |
2025 |
| Brooke Raniere |
YOU ARE WHAT YOU EAT: USING TRADEMARK LAW TO ADDRESS CONSUMER CONFUSION IN FOOD LABELING |
32 Journal of Intellectual Property Law 123 (September, 2025) |
I. Introduction. 125 II. Background. 126 A. Processed Food Overview. 126 B. Current Food Labeling Regulation in the U.S.. 127 1. The Food and Drug Administration (FDA). 127 2. Federal Trade Commission (FTC). 130 3. Food Seals. 131 C. Current Trademark Regime in the U.S.. 133 1. Lanham Act. 133 2. Trademark False Advertising. 135 III. Analysis. 136... |
2025 |
| Alexia M. Kulwiec, Tom Starck |
"FOOD OF THEIR OWN CHOOSING": IMPROVING ACCESS TO LOCALLY GROWN, SUSTAINABLE, AND REAL FOOD |
76 Maine Law Review 261 (June, 2024) |
Abstract Introduction: The Right to Food Should Ensure the Availability, Accessibility, Adequacy--Health and Nourishment--of Locally and Sustainably Grown Food, Including Access to Local Processing I. Global Corporate Control of the U.S. Food System, Its Failings, and Its Inability to Promote Community-Based Food Systems II. The Maine State... |
2024 |
| Isaac Bloch |
A GREEN ENERGY WATERSHED: WATER LITIGATION, ELECTRIC BATTERIES, AND AGENCY OVERSIGHT OF LITHIUM MINING |
27 University of Denver Water Law Review Rev. 1 (Spring, 2024) |
I. INTRODUCTION: LITHIUM AT THE WATER-ENERGY NEXUS. 2 II. THE WATER LITIGATION RISKS OF TRADITIONAL LITHIUM MINING. 5 A. State Prior Appropriations Law in Contemporary Western Mining Operations. 5 B. Federal Challenges to Water Allocation under NEPA. 7 III. WATERSHED MANAGEMENT AT THE SALTON SEA. 13 A. Salton Sea Stakeholders. 14 B. Precious Metals... |
2024 |
| Max Clayton |
A NEW MOMENT FOR INDIAN WATER RIGHTS SETTLEMENTS |
64 Natural Resources Journal 33 (Winter, 2024) |
Indian water rights settlements have been the primary mechanism to resolve water conflicts between tribal governments and state, municipal, and non-governmental parties. Although scholars have for decades roundly criticized settlements for their many shortcomings, this paper suggests that a combination of forces has altered the conditions for... |
2024 |
| Charisa Smith |
A POST-DOBBS FUTURE: BAILING WATER DOWNSTREAM TO CENTER DEMOCRACY'S CHILDREN |
54 Seton Hall Law Review 747 (2024) |
The reversal of Roe v. Wade by Dobbs v. Jackson Women's Health Organization not only imperils vital reproductive freedom across the United States but also illuminates the countless ways that childhood precarity will be exacerbated downstream now that forced births are sanctioned by the state. While an individual's reasons for exercising abortion... |
2024 |
| Governor Dirk Kempthorne |
A TRIUMPH OF FEDERALISM: REMARKS TO THE IDAHO LAW REVIEW WATER LAW SYMPOSIUM (MARCH 22, 2024) |
60 Idaho Law Review 319 (2024) |
I want to express my appreciation to Katie Sheftic who has poured herself into the agenda and is the architect of this Symposium. Congratulations on a fabulous conference Katie. We need great young attorneys like you who have a genuine interest in Idaho water law. I also want to acknowledge Dean Johanna Kalb of the University of Idaho College of... |
2024 |
| Karrigan Börk , John Mensik |
ADAPTING SEASONAL WATER RIGHTS |
48 William and Mary Environmental Law and Policy Review 483 (Spring, 2024) |
Climate change is shifting seasons. Spring comes earlier, fall comes later, rainy seasons are shorter and more intense, and summers are hotter and longer. In the American West, winter precipitation increasingly falls as rain, leading to a smaller snowpack and an earlier, more intense runoff followed by a longer and drier dry season. For... |
2024 |
| Lauren Dorsey |
AN INTERDISCIPLINARY ECONOMIC, LEGAL, AND EQUITY ANALYSIS OF, AND POLICY RECOMMENDATIONS FOR, UNITED STATES WATER MARKETS |
102 Oregon Law Review 575 (2024) |
Introduction. 576 I. Economic Background: Theoretical Fit and Limitations to Water Widgets. 578 A. The Promise of Market-Determined Resource Allocation. 578 B. Defining the Competitive Market Framework and Its Water Incompatibilities. 579 II. Background Water Law. 582 A. Water Management: Ancient Systems. 582 B. Riparian Law: American Evolution and... |
2024 |
| Sara St. Juste |
ARE HEALTHY FOODS "WHITE PEOPLE FOOD": A LEGAL ANALYSIS OF DISPARITIES IN HEALTHY FOOD ACCESSIBILITY AND AFFORDABILITY AT GROCERY STORES AND RESTAURANTS IN LOW-INCOME NEIGHBORHOODS |
14 University of Miami Race & Social Justice Law Review 139 (Spring, 2024) |
INTRODUCTION. 141 I. The Origin. 143 a. Soul Food. 144 b. White People Food Rationality. 146 II. How Supermarkets and Restaurants Perpetuate a Lack of Healthy Food Options. 147 a. The Role Supermarkets and Grocery Stores Have on Healthy Food Options. 148 1. The Lack of Supermarkets in Low-Income Communities with Predominately Black and Hispanic... |
2024 |
| Jennifer Horkovich |
ARIZONA v. NAVAJO NATION AND SYSTEMIC FAILURES IN THE TRIBAL WATER ALLOCATION SCHEME |
35 Fordham Environmental Law Review 30 (Spring, 2024) |
When the United States Supreme Court's decision in Arizona v. Navajo Nation was published in June 2023, Indian Country was hardly surprised with the Court's ruling. There, the Court found that the United States had no affirmative duty to affirmatively protect the Navajo Nation's water rights under the 1868 Treaty. The Court was clear: the treaty is... |
2024 |
| Smita Narula |
BEYOND REFORM: FOOD SOVEREIGNTY AND THE FUTURE OF GLOBAL FOOD SYSTEMS |
31 Indiana Journal of Global Legal Studies 141 (Summer, 2024) |
We live in a deeply destructive food system, and the need for alternatives is clear. Yet state and corporate actors, beholden to an extractive, industrial model of food production, continue to push for incremental reforms instead of transformative action. In response, food sovereignty movements are charting a normative path in international human... |
2024 |
| Jonathan Rosenbloom |
BUILDING FOOD AND NUTRITION SECURITY AND SOVEREIGNTY |
54 Environmental Law Reporter (ELI) 10488 (June, 2024) |
Development impacts many aspects of the food system, including where food is grown, how far food must travel, where distributors and retailers are placed, and who has access to fresh and nutritious food. By viewing development and its associated impacts through a sustainability and life-cycle lens, we can rethink the role of development and how... |
2024 |
| Daniel Cornelius, Steph Tai |
CAN WE SAVE OUR FOODWAYS? THE INFLATION REDUCTION ACT, CLIMATE CHANGE, AND FOOD JUSTICE |
133 Yale Law Journal Forum 1053 (17-Apr-24) |
abstract. This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience. Farmers,... |
2024 |
| R. Denisse Córdova Montes, Heather Retberg, Photini Kamvisseli Suarez |
CONSTITUTIONALIZING THE HUMAN RIGHT TO FOOD IN MAINE: A PEOPLE'S TOOL TO ADVANCE FOOD SOVEREIGNTY IN THE UNITED STATES |
76 Maine Law Review 229 (June, 2024) |
Abstract Introduction I. The Road to Constitutionalizing the Right to Food in Maine A. The Food Safety Modernization Act and Downward Pressure on Maine's Local Food System B. Local Participation of Farmers in Food System Legal Structures and the Birth of the Food Sovereignty Movement in Maine C. Connecting Locally and Globally to Strengthen the... |
2024 |
| Harmukh Singh |
DEAD IN THE WATER? ADDRESSING THE FUTURE OF WATER CONSERVATION IN THE COLORADO RIVER BASIN |
124 Columbia Law Review 741 (April, 2024) |
The Colorado River Basin is drying up, and with it, the water supply of seven states in the American West. Historically, the West relied on consumption-based laws to fuel development despite the arid landscape. The Colorado River Compact allocated water among the states, but those allocations suffered from two basic flaws: (1) The agreed-upon water... |
2024 |
| Alexia Brunet Marks |
DEFINING "HEALTHY" ON FOOD LABELS: ONE STEP FORWARD, TWO STEPS BACK |
31 Indiana Journal of Global Legal Studies 47 (Summer, 2024) |
Few definitions of the mid-twentieth century have survived into the twenty-first century. It is worth asking, then, why the definition of health, articulated seventy-five years ago by the World Health Organization, has endured into the present. The 1948 definition reads as follows: [h]ealth is a state of complete physical, mental[,] and social... |
2024 |
| by Steven D. Schwinn , University of Illinois Chicago School of Law, Chicago, IL |
Did the U.S. Food and Drug Administration Lawfully Remove Requirements for a Drug Used to Voluntarily Terminate a Pregnancy? |
51 Preview of United States Supreme Court Cases 40 (18-Mar-24) |
In 2000, the U.S. Food and Drug Administration (FDA) approved mifepristone as part of a two-drug regimen to end an early pregnancy. As part of the approval, FDA imposed certain requirements on the drug's use. In 2016, FDA relaxed those requirements by extending the approved use from seven weeks to ten weeks, reducing the number of required... |
2024 |
| Sharmila L. Murthy |
DISRUPTING UTILITY LAW FOR WATER JUSTICE |
76 Stanford Law Review 597 (March, 2024) |
Abstract. Water is essential for survival, yet this critical resource is increasingly unaffordable for many Americans. Utilities have raised water rates to maintain degraded infrastructure and comply with environmental standards. As water rates rise faster than inflation, low-income households are forced to make difficult trade-offs involving... |
2024 |
| Sofia Fernandez, MPH |
DRAINING CHICAGO'S FOOD SWAMPS: LEGAL APPROACHES |
25 DePaul Journal of Health Care Law L. 2 (May, 2024) |
I. FOOD SWAMPS AS A PUBLIC HEALTH LAW ISSUE. 2 A. A PUBLIC HEALTH ISSUE. 2 1. Food deserts.. 4 2. Food swamps.. 5 B. A LEGAL ISSUE. 7 II. POTENTIAL POLICIES TO ADDRESS FOOD SWAMPS. 8 A. Federal Powers. 8 B. State And Local Powers. 10 C. Litigation. 11 III. FOOD SWAMPS IN CHICAGO. 13 A. The Foundation of Segregation. 13 B. Chicago's Food... |
2024 |
| Holly K. Doyle |
E HO'I KA NANI I MOKU'ULA L: THE COMMISSION ON WATER RESOURCE MANAGEMENT'S PUBLIC TRUST DUTY TO FULLY RESTORE MOKU'ULA AND MOKUHINIA |
46 University of Hawaii Law Review 313 (Spring, 2024) |
I. Introduction. 314 II. Exorcising Sugar's Ghost. 323 A. Legacy Diverters: Sugar Plantations Turned Land and Water Companies. 324 B. Maui Komohana's Decades-Long Struggle for Water Management Area Designation. 331 III. The Commission on Water Resource Management's Public Trust Duty to Restore Moku'ula and Mokuhinia. 335 A. Hawai'i's Legal Duty to... |
2024 |
| Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers |
ENVIRONMENTAL JUSTICE, RESILIENCE JUSTICE, AND WATERSHED PLANNING |
48 William and Mary Environmental Law and Policy Review 553 (Spring, 2024) |
Watershed planning is an increasingly used governance tool for addressing environmental problems at ecosystem scales of watersheds, which are areas of land that drain to a common body of water. In recent years, watershed planning in the United States has been undergoing an equity evolution: watershed planners have begun integrating environmental... |
2024 |
| Elissa Underwood Marek |
ESTABLISHING A RIGHT TO FOOD FOR "JUSTICE"-IMPACTED PEOPLE: AN ABOLITIONIST STRATEGY TO BUILD COMMUNITY, SUSTAINABILITY, AND SMALL BUSINESS IN THE UNITED STATES |
52 Fordham Urban Law Journal 339 (November, 2024) |
Introduction. 339 I. Current Recitations of the Right to Food. 342 II. Food Rightlessness Among Justice-Impacted People. 347 A. Prior to Incarceration. 348 B. During Incarceration. 352 C. Post-Incarceration Policy. 361 III. A Comprehensive Call for Food Rights in the Criminal Legal System. 363 Conclusion: Cultivating Inclusive and Sustainable... |
2024 |
| Da'Lisha Kirk |
FERC v. STATES: SUBSTANTIAL EVIDENCE & FUNCTIONAL AGREEMENTS UNDER SECTION 401 OF THE CLEAN WATER ACT |
45 Energy Law Journal 123 (2024) |
I. Introduction. 123 II. The Hoopa Valley Effect. 125 III. FERC vs. State. 127 IV. Future Implications. 130 A. Substantial Evidence & Coordinated Schemes. 131 B. Chevron Deference. 132 V. Conclusion. 132 |
2024 |
| Dr. S.M. Solaiman |
FIGHT FOR THE RIGHT TO SAFE FOOD IN BANGLADESH--VIEWED THROUGH THE PRISMS OF INTERNATIONAL AND INDIAN LAWS: MICE WILL PLAY WHILE THE CAT STAYS AWAY |
32 Tulane Journal of International and Comparative Law 39 (Winter, 2024) |
Food safety has been a global concern as recognized by the World Health Organization (WHO), which finds that unsafe food causes illness of an estimated 600 million people (nearly 1 in 10) worldwide, resulting in 420,000 deaths each year. However, some countries are more affected than others. One of those gravely impacted countries is Bangladesh,... |
2024 |
| Emily Wells |
FOREWORD TO WATER LAW IN A CHANGING CLIMATE |
48 William and Mary Environmental Law and Policy Review 447 (Spring, 2024) |
Without water, life is not possible. And due to climate change, water is changing, and life along with it. In 2010, the United Nations acknowledged the importance of water by adopting the human right to water and sanitation. It also declared access to water essential for the full enjoyment of life and all human rights. Recognizing water's... |
2024 |
| Ellen (Melton) Carr |
FOUNTAINS OF LIVING WATERS: HOW EARLY MORMON IRRIGATION INNOVATED THE LEGAL LANDSCAPE OF THE WEST |
9 One J: Oil and Gas, Natural Resources, and Energy Journal 361 (March, 2024) |
On July 24, 1847, Brigham Young and fellow members of the Church of Jesus Christ of Latter-Day-Saints completed a nearly one-thousand-mile journey from Nauvoo, Illinois, to the Great Salt Lake Valley in the State of Utah. The Latter-Day-Saints, commonly known as Mormons, fled religious persecution in the Protestant-dominated United States and... |
2024 |
| Reed D. Benson |
GREEN MONEY FOR WESTERN WATERS: NEW ENVIRONMENTAL GRANTS AND FEDERAL WATER POLICY |
54 Environmental Law Reporter (ELI) 10040 (January, 2024) |
Congress in the 2020s has authorized three new environmentally focused grant programs relating to western waters and appropriated $450 million in multi-year funding. The Bureau of Reclamation is responsible for creating and implementing these programs, giving it a new tool and resources for addressing stubborn environmental problems--some caused by... |
2024 |
| Isabelle Hale |
INTERNATIONAL COMMITMENT TO REGULATING CORPORATE ABUSE IN FOOD SYSTEMS: A HUMAN RIGHTS FRAMEWORK APPROACH |
52 Georgia Journal of International and Comparative Law 493 (2024) |
C1-2Table of Contents I. Introduction. 495 II. Background on the Right to Food. 496 A. Recognition as a Human Right. 496 B. Specially Affected Groups. 498 C. Recognition at the State Level. 500 III. Analysis. 502 A. Corporate Domination of Food Systems. 502 B. Proposed Solution Binding Multilateral Agreement with a Human Rights Framework. 505 IV.... |
2024 |
| Colleen Campbell |
INTERSECTIONALITY MATTERS IN FOOD AND DRUG LAW |
95 University of Colorado Law Review Rev. 1 (Winter, 2024) |
Feminist scholars critique food and drug law as a site of gender bias and regulatory neglect. The historical exclusion of women from clinical trials by the FDA prioritized male bodies as the object of clinical research and therapies. Likewise, the FDA's prior restriction on access to contraceptive birth control illustrates how patriarchal and... |
2024 |
| Zachary Pavlik |
INTERSTATE WATER COMPACTING AND THE SILENCED SOVEREIGN: FEDERAL APPOINTEES AS A TRIGGER FOR THE FEDERAL TRUST RESPONSIBILITY |
27 University of Denver Water Law Review 67 (Spring, 2024) |
I. INTRODUCTION. 68 II. INTERSTATE COMPACTING AND THE THREE SOVEREIGNS: FEDERAL, STATE, AND INDIAN INTERESTS. 70 A. The States as the Core Sovereigns in Interstate Compact Creation: A Framework Built to Facilitate and Further State Interests. 71 B. Federal Government as the Supreme Sovereign: Let the Children Play, So Long as They Don't Break... |
2024 |
| Vann Buchanan |
IS BLOOD THICKER THAN WATER? EUROPE MUST WORK TOGETHER TO SOLVE ITS IMPENDING WATER CRISIS |
57 Vanderbilt Journal of Transnational Law 673 (March, 2024) |
The European continent is undergoing unprecedented drought. This drought has had ramifications already: reservoirs and rivers running dry, interruptions in electrical generation, and disruptions of river shipments. These ramifications will only get worse if the European Union does not act. The European Union lacks a centralized water law for... |
2024 |
| Rachel Fischer |
IT'S GETTING HOT IN HERE: MAINE'S RIGHT TO FOOD AS A MECHANISM TO ADDRESS THE IMPACT OF THE WARMING OF THE GULF OF MAINE ON LOBSTER |
76 Maine Law Review 347 (June, 2024) |
Abstract Introduction I. United States v. Washington A. Background B. District Court Decision C. Ninth Circuit Decision II. Case study: Maine's focus on food sovereignty interacting with climate change A. Food Sovereignty in Maine 1. Maine Town Ordinances and a Local Dairy Farmer 2. Right to Food Amendment and Sunday Hunting B. Climate Change and... |
2024 |
| |
KNWAI FROM AHI: REVITALIZING THE HAWAI'I WATER CODE IN THE WAKE OF THE MAUI WILDFIRES |
137 Harvard Law Review 1994 (May, 2024) |
When the Maui wildfires in August 2023 forced Tereari'i Chandler-'ao to flee Lahaina, she could take only the necessities: food, clothes, and a box of water use-permit applications. The final item reflects an important quality of the fires: their focal point was not fire, but water. Since the birth of Hawai'i's sugar industry, recurrent water... |
2024 |
| Katherine H. Tara , John Fleck |
LAST CALL: THE LIMITATIONS OF NEW MEXICO'S EXISTING WATER MANAGEMENT FRAMEWORK IN THE FACE OF REDUCED COLORADO RIVER WATER DELIVERIES |
35 Colorado Environmental Law Journal 35 (Winter, 2024) |
This Article examines the resilience of New Mexico's internal water management programs considering the interstate Colorado River obligations within the Law of the River. New Mexico's annual apportionment of the Colorado River has been reduced in recent years, as aridification in the West continues. Much of the water delivered to New Mexico... |
2024 |