| Author | Title | Citation | Summary | Year |
| Mariaelena Huambachano |
SEEDING A MOVEMENT: INDIGENOUS FOOD SOVEREIGNTY |
78 University of Miami Law Review 390 (Spring, 2024) |
For many Indigenous peoples, well-being is bound up with and inseparable from the natural world. But since colonialism, Indigenous traditions and access to traditional foods or foodways have been disrupted, imperiling their health and well-being. In this Article, I discuss the role of Indigenous cosmovision/worldview and Indigenous Food Sovereignty... |
2024 |
| Jesse J. Richardson, Jr. |
SLAYING THE MINOTAUR: NAVIGATING THE EQUITABLE APPORTIONMENT LABYRINTH TO CREATE AN EQUITABLE POLICY TO GUIDE WATER MANAGEMENT |
39 Journal of Environmental Law & Litigation 35 (2024) |
I. Introduction. 36 II. A Primer on Surface Water Rights. 39 III. A Brief History of Equitable Apportionment. 41 A. Kansas v. Colorado. 41 B. Wyoming v. Colorado. 44 C. Connecticut v. Massachusetts. 46 D. New Jersey v. New York. 47 E. Washington v. Oregon. 48 F. Nebraska v. Wyoming. 49 G. Arizona v. California. 52 H. Colorado v. New Mexico. 54 1.... |
2024 |
| Anya T. Janssen , Melissa K. Scanlan |
SOLVING THE PHOSPHORUS PARADOX: FIVE STATES' APPROACHES TO RESTORING NUTRIENT IMPAIRED SURFACE WATER QUALITY |
47-SPG Environs Environmental Law and Policy Journal 159 (Spring, 2024) |
The phosphorus paradox is a phrase coined to call attention to a challenge of scarcity pitted against overabundance, a story of necessity for a naturally scarce critical element that unfolds into a world of excess and degradation. We depend on phosphorus to feed the world and yet do not treat it as precious nor manage it as finite. Decades of... |
2024 |
| Burke W. Griggs |
SOURCE PROBLEMS IN INTERSTATE WATERS |
60 Idaho Law Review 339 (2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 339 II. HYDROLOGIC SOURCE PROBLEMS. 340 A. Kansas v. Colorado and the Distinct Sources Problem. 341 B. The Federal Source Problem. 343 C. The Groundwater Problem. 349 D. The Problem of Federal Inconsistency. 351 III. LEGAL SOURCE PROBLEMS. 356 A. The Parens Patriae Problem. 356 B. The Hinderlider Problem. 357... |
2024 |
| Ada Montague Stepleton , Sapphire Carter |
STRANGE BEDFELLOWS: STATES, TRIBES, AND WATER RIGHTS |
47 Public Land & Resources Law Review 77 (2024) |
I. Introduction. 79 II. Research Process. 83 III. Legal Background. 84 A. General Overview of Reserved Indian Water Rights. 85 B. The Winters Doctrine. 85 C. McCarren Amendment. 88 D. State Water Administration Systems. 90 1. Prior Appropriation and Federally Reserved Indian Water Rights. 90 2. Riparian Rights and Federally Reserved Indian Water... |
2024 |
| Jade A. Craig |
STRUGGLE AGAINST THE WATER: CONNECTING FAIR HOUSING LAW AND CLIMATE JUSTICE |
24 Nevada Law Journal 737 (Spring, 2024) |
C1-2Table of Contents Introduction. 737 I. Background. 748 A. The Designation of Locations for Black Communities. 748 B. Flooding and the Legacy of Redlining. 754 II. Equitable Relocation. 755 III. Fair Housing in the Age of Climate Retreat. 768 A. Considering Whether to Relocate. 775 B. Buyout Programs and Fair Housing. 779 C. Deciding Where to... |
2024 |
| Amy J. Cohen , Mathilde Cohen |
THE "SECOND AMENDMENT OF FOOD": SOME REFLECTIONS ON AMERICAN LIBERALISM |
52 Fordham Urban Law Journal 313 (November, 2024) |
In 2021, the State of Maine became the first in the nation to Constitutionalize a right to food via a bipartisan coalition supported by legislators, small-scale food producers, and advocates. In its final iteration, the amendment was sponsored by a Republican state representative who dubbed it the Second Amendment of food to invoke an individual... |
2024 |
| Joseph Retzer |
THE CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION IMPROVEMENT RULE AND WHY IT DESERVES CHEVRON DEFERENCE |
68 Saint Louis University Law Journal 557 (Spring, 2024) |
This Article reviews the history of CWA Section 401 and finds that it supports affording EPA's newest interpretive rule Chevron deference. The CWA Section 401 Water Quality Certification Improvement Rule serves as an important case study of the doctrine which faces mounting criticisms and two cases challenging its legality in the Supreme Court at... |
2024 |
| Cosmas Emeziem |
THE LAW OF THE SEA CONVENTION 1982 AT FORTY-TWO: MILESTONES, TURBULENT WATERS, AND GLOBAL PEACE |
55 George Washington International Law Review 393 (2024) |
This Article briefly explores the forty-two-year history of the 1982 United Nations Convention on the Law of the Sea (UNCLOS or the Convention), looking at its milestones, challenges, and enduring puzzles about the law of the Sea and the current realities of international relations. Often referred to as the constitution of the oceans, UNCLOS is... |
2024 |
| Kaylin Guillory Makowsky |
THE RIGHT TO CLEAN WATER: AN ANALYSIS OF THE CLEAN WATER ACT AND THE SAFE DRINKING WATER ACT AND A PROPOSAL FOR WATER REGULATION REFORM |
25 Loyola Journal of Public Interest Law 63 (Spring, 2024) |
Small, lower-income communities across the United States are experiencing water crises because of the failing measures in place under the Safe Drinking Water Act (hereinafter SDWA) and the Clean Water Act (hereinafter CWA). The CWA was passed to protect surface waters from pollution but leaves regulation of nonpoint pollution sources to the states... |
2024 |
| Eric Kuhn |
THE RISKS AND POTENTIAL IMPACTS OF A COLORADO RIVER COMPACT CURTAILMENT ON COLORADO RIVER IN-BASIN AND TRANSMOUNTAIN WATER RIGHTS WITHIN COLORADO |
35 Colorado Environmental Law Journal 275 (Spring, 2024) |
Twenty-plus years of drought and overuse in the Colorado River system have dramatically changed the outlook for water users in the system's Lower and Upper Basins. At the time of this Article's writing, the United States Bureau of Reclamation was simultaneously working on two related, but separate, environmental review processes related to the... |
2024 |
| Leonard R. Powell |
THE SUPREME COURT AND TRIBAL WATER RIGHTS |
49 Human Rights Rts. 4 (2024) |
Few issues in the American West are as pressing or as vexing as the escalating water crisis. And as water in the West continues to dry up, Tribal water rights become more and more critical with every passing year. Against this backdrop, the U.S. Supreme Court recently decided Arizona v. Navajo Nation, a case that asked whether the Navajo Nation's... |
2024 |
| Dave Owen |
THE WATER DISTRICT AND THE STATE |
134 Yale Law Journal L.J. 1 (October, 2024) |
In much of the American West, water districts dominate water governance. These districts serve vitally important functions in regions challenged by aridity, growing populations, and climate change. These districts also often operate within boundaries developed a century ago, or more, and under governing rules that are undemocratic by design. In... |
2024 |
| Simon Ciccarillo |
TILL THE RIVERS ALL RUN DRY: EQUAL SOVEREIGNTY AND THE WESTERN WATER CRISIS |
81 Washington and Lee Law Review Online 195 (30-Jan-24) |
Across the United States, a countless number of people rely on groundwater for basic necessities such as eating, drinking, agriculture, and energy-creation. At the same time, overuse combined with increasingly dry conditions throughout the country, tied to the increasingly unpredictable and devastating impacts of climate change, threaten this... |
2024 |
| Frishta Qaderi |
TOWARDS EQUITABLE AND INCLUSIVE TRANSBOUNDARY RIVER GOVERNANCE FRAMEWORKS: THE U.N. WATER CONVENTIONS IN THE AMU RIVER BASIN |
60 Stanford Journal of International Law 152 (Spring, 2024) |
This Note assesses international river law's role in shaping transboundary river governance, both generally and in the specific context of the Amu River basin. The main argument presented is that the United Nations Economic Commission for Europe (UNECE) Water Convention and the U.N. Watercourses Convention are ineffective in curating inclusive and... |
2024 |
| Nancy Conrad, PBA President |
TRAVEL NOTES--FROM THE WATERING HOLE |
46-AUG Pennsylvania Lawyer Law. 2 (July/August, 2024) |
I have developed meaningful professional relationships and deep friendships as a member of the Pennsylvania Bar Association. Recently, PBA colleagues and friends Melinda Ghilardi, Jackie Martinez, Jessie Smith and I traveled to the Ongava Game Reserve in the country of Namibia. We were the highest bidder of the safari in last year's Pennsylvania... |
2024 |
| Frances Williamson |
TRIBAL WATER RIGHTS: PRIVATE LAW ALTERNATIVES TO THE FEDERAL TRUST DOCTRINE |
61 San Diego Law Review 407 (May-June, 2024) |
C1-2Table of Contents Abstract. 408 I. Introduction. 408 II. History and Background of Tribal Water Rights. 412 A. Tribal Waters and the Western Drought. 412 B. The Winters Doctrine. 415 C. The Quantification of Tribal Water Rights. 418 D. The Legal Issues with Tribal Water Rights. 422 III. Water Rights as Within the Federal Trust. 426 A. The... |
2024 |
| Samuel Joyce |
TRIBAL WATER SOVEREIGNTY: AUTHORIZING INDIAN WATER MARKETING IN THE COLORADO BASIN |
35 Stanford Law and Policy Review 161 (February, 2024) |
In January 2023, Congress passed the Colorado River Indian Tribes Water Resiliency Act, authorizing the Colorado River Indian Tribes to lease part of its Colorado River water allocation to off-reservation users. The law grants the Colorado River Indian Tribes some of the rights that are already enjoyed by private water users, and creates an... |
2024 |
| Robin Kundis Craig |
TRIBES AND WATER IN THE WAKE OF NAVAJO NATION AND SACKETT: TREATIES, WINTERS, MONTANA, AND RIGHTS OF NATURE |
48 William and Mary Environmental Law and Policy Review 687 (Spring, 2024) |
Freshwater resources in the United States face a variety of stressors, including drought, flooding, and climate change-driven shifts in precipitation, that exacerbate both water quality problems and drinking water crises. In the midst of these increasing issues regarding both water quality and quantity (allocation), Tribes are playing an ever more... |
2024 |
| Elena Chang |
WAI EA: RESTORING HAWAI'I'S PUBLIC TRUST AND RECLAIMING LAHAINA'S WATER FUTURE |
46 University of Hawaii Law Review 366 (Spring, 2024) |
I. Introduction. 367 II. The Legacy of Plantation Disaster Capitalism in Lahaina. 375 A. The Dewatering of Lahaina's Abundant Landscape. 377 B. State-Aided Disaster Capitalism. 385 III. Restoring Hawai'i's Public Trust. 396 A. Decisionmakers Confound Balance in the Struggle to Effectuate Hawai'i's Public Trust. 397 B. Restorative Environmental... |
2024 |
| Frances Williamson |
WATER AND FEDERALISM IN TEXAS v. NEW MEXICO |
2024 Harvard Journal of Law & Public Policy Per Curiam 28 (Summer, 2024) |
Drought plagues the western United States. California, Colorado, Arizona, New Mexico, and Texas, among others, rely heavily on the dwindling flow of two major rivers: the Colorado River and the Rio Grande River. These rivers provide millions with drinking water and support hundreds of thousands of acres of agriculture. As the water disappears,... |
2024 |
| Mami Hara , Christy Harowski |
WATER EQUITY, INFRASTRUCTURE, AND POLICY |
50 Human Rights 48 (October, 2024) |
Our shared existential bond with water is expressed in many ways--through art, spirituality, and, increasingly, concern. Water stresses are escalating. Communities face everything from water scarcity to flooding, from industrial pollution to citywide boil water notices, and from unaffordability to inaccessibility. These concerns have proved... |
2024 |
| Norman A. Dupont, John E. Milner, L. Kyle Williams |
WATER IN JACKSON, MISSISSIPPI |
38-WTR Natural Resources & Environment 14 (Winter, 2024) |
In the science fiction movie Elysium, all of Earth is an urban wasteland. Set in 2154, one major city (Los Angeles) is a dystopian trifecta of crime, polluted air, and badly neglected infrastructure systems with deadly health impacts on its residents. The wealthy (and mostly white) have moved out of the cities and indeed beyond Earth to an orbiting... |
2024 |
| Luis Inaraja Vera |
WATER LAW TRANSITIONS IN THE ERA OF CLIMATE CHANGE |
102 Washington University Law Review 479 (2024) |
Legal transitions--that is, changes in legislation, regulations, or judicial decisions--are necessary to improve any legal system. This process, however, is fraught with obstacles and hard decisions mainly because, while society may gain, some individuals will suffer under a new rule. This raises a number of questions. Is the reform unfair to those... |
2024 |
| Kelly Bridges |
WATER SECURITY IN THE WAKE OF ARIZONA v. NAVAJO NATION: HOW THE PRESIDENT'S EMERGENCY POWERS CAN PROVIDE A PATH FORWARD FOR THE NAVAJO NATION |
2024 University of Chicago Legal Forum 399 (2024) |
In 2023, the Supreme Court decided Arizona v. Navajo Nation, finding that the United States government does not have an affirmative duty to ensure the Navajo Nation's water security. The decision offers the Navajo two paths forward for relief: the tribe can either litigate specific water rights claims in the Colorado River Basin or lobby the... |
2024 |
| Spencer Holm |
WATER THROUGH A SIEVE - QUANTIFYING CORPORATE WATER RIGHTS AMIDST COMPETING INTERESTS IN CALIFORNIA |
19 Rutgers Business Law Review 205 (Spring, 2024) |
Rising populations in major metropolitan areas such as Los Angeles, severe climatic fluctuations such as drought and extreme precipitation, and the burgeoning demands to cool data centers with water have brought a seemingly inconspicuous natural resource - water - into the spotlight of fierce litigation across America. Water is such a plentiful... |
2024 |
| Marie Boyd |
WHAT ABOUT THE KIDS? ADVANCING A CHILD-CENTERED APPROACH TO FOOD & DRUG LAW |
76 Administrative Law Review Rev. 1 (Winter, 2024) |
This Article contends that food and drug law has fallen short in safeguarding and advancing children's health. The Food and Drug Administration's (FDA's) mission is to protect and promote public health, and children's health is an integral part of that. This Article uses the feminist legal method of asking the woman question to examine how food... |
2024 |
| Jennifer Bass |
WHEN THE RUBBER MET THE ROAD . THEN THE WATER, FISH, AND WHALES: USING THE ENDANGERED SPECIES ACT TO OVERCOME THE DILUTION OF THE CLEAN WATER ACT |
13 Chicago-Kent Journal of Environmental and Energy Law L. 1 (Spring, 2024) |
Just as populations of whales and salmon are declining, so too are the ways to protect them. The United States Supreme Court has continuously narrowed the Environmental Protection Agency's authority to protect waterways under the Clean Water Act (CWA). If the CWA is not protecting the water, then perhaps other acts, such as the Endangered Species... |
2024 |
| 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 |