AuthorTitleCitationSummaryYear
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
Michael Barsa MANAGING INTERNATIONAL AGRICULTURAL TRADE THROUGH A CLIMATE CHANGE "LENS": ENHANCING FOOD SECURITY IN A CLIMATE CHANGING WORLD 31 Indiana Journal of Global Legal Studies Stud. 1 (Summer, 2024) Since World War II, international trade has been marked by both a robust drive to lower tariff and non-tariff barriers in order to encourage free trade among nations. The original text of the 1947 General Agreement on Tariffs and Trade (GATT) makes clear that the free-trade principles espoused in the GATT include raising standards of living,... 2024
Stephanie Stern, A. Dan Tarlock MOVING WATER: MANAGED RETREAT OF WESTERN AGRICULTURAL WATER RIGHTS FOR INSTREAM FLOWS 49 Columbia Journal of Environmental Law 249 (2024) Climate change-induced megadrought and rapid urbanization are forcing western agriculture into retreat as water supplies diminish and heat and drought ravage crops and livestock. At the same time, the megadrought is imposing deep ecological harm on riparian areas, fish species, and soil and increasing the concentration of pollutants in dwindling... 2024
Tebaldo Vinciguerra NONPROFITS PROMOTING FOR-PROFIT STRATEGIES: A VERIFIABLE AND EFFECTIVE CONTRIBUTION TO THE RIGHT TO WATER? 19 Intercultural Human Rights Law Review 165 (2024) Poor rural areas often lack an effective and financially sustainable access to drinking water, and weak governance poses a major risk: that private operators, often informal, supply water at high prices or of dubious safety without respecting the human right to drinking water. In this context, the role that nonprofit organizations can play by... 2024
Samantha Bingaman NOTHING AT STAKE BUT LIFE'S ESSENTIALS: HOW SOLE RELIANCE ON NEW TEXTUALISM ENDANGERS CLEAN WATER, ENVIRONMENTAL JUSTICE COMMUNITIES, AND ENVIRONMENTAL LAW (AND A JUDICIAL FRAMEWORK TO FIX IT) 83 Maryland Law Review 1313 (2024) You throw a stone into a deep pond. Splash. The sound is big, and it reverberates throughout the surrounding area. What comes out of the pond after that? All we can do is stare at the pond, holding our breath. -Haruki Murakami Water is life, as the old saying goes. We drink, we wash, we play, we swim, we travel, and we grow with water, among... 2024
Bill Wombacher, Adam DeVoe, Stacy Brownhill NUTRIENT STANDARDS FOR LAKES AND RESERVOIRS 53-FEB Colorado Lawyer 38 (January/February, 2024) This article surveys legal authority related to the intersection of water quality and water rights law, delves into how this interplay was resolved in the specific context of the 2023 rulemaking over nutrient standards, and concludes with several takeaways practitioners should keep in mind when handling matters at this legal crossroads. Although... 2024
Esther S. Trakinski PIZZA: THE (PERFECT) ALTER EGO OF AN URBAN FOOD SYSTEM 52 Fordham Urban Law Journal 297 (November, 2024) Introduction. 297 I. The Pizza Supply Chain: A Long and Winding Road. 299 II. The Pizza Economy: Its Drivers and Their (Inequitable) Outcomes. 305 Conclusion: Why Engage in This Exercise at All?. 309 2024
Cameron James Cerf PRECAUTIONARY PRINCIPLE MEETS THE PROTEIN PROBLEM: HOW AQUACULTURE'S REGULATORY UNCERTAINTY UNDERMINES THE GULF SOUTH'S FOOD SOVEREIGNTY AND OTHER ENVIRONMENTAL GOALS 37 Tulane Environmental Law Journal 47 (Winter, 2024) I. Introduction. 47 II. Background. 49 A. Louisiana Shrimp. 49 B. Global Shrimp. 53 III. The Legal and Political Landscape of Aquaculture. 54 A. The Precautionary Principle. 54 B. Recent Actions. 56 IV. Futures. 59 A. The Protein Problem. 59 B. Sovereignty Through Species Integration. 61 C. Integrated Multi-Trophic Aquaculture. 62 V. Conclusion. 65 2024
Otis Schmidt PRIVATE UPSTREAM OBLIGATIONS AND THEIR DOWNSTREAM IMPACTS: WATER RIGHTS IN COLORADO AND THE WEST 66 Arizona Law Review 1109 (Winter 2024) This Note discusses the intricate landscape of water rights and obligations in the western United States, focusing on recent legal developments and the historical state of the law. It analyzes the applicability of the recent Navajo Nation Supreme Court decision to older interstate water compacts, as well as how the affirmative action holding in... 2024
Sarah A. Matsumoto PROTECTING WATER, SUSTAINING COMMUNITIES: TRANSFORMING GROUNDWATER MANAGEMENT ENTITIES INTO SOURCES OF POWER DURING AND AFTER ENVIRONMENTAL CRISES 92 UMKC Law Review 825 (Summer, 2024) Groundwater serves as a vital, limited resource for people all over the world. The United States Geological Survey reports that about 140 million people in the United States rely on groundwater for drinking water, of those, almost 43 million people rely on groundwater from domestic (or private, non-public supply) wells. In rural areas, groundwater... 2024
Eric T. Freyfogle PUBLIC RIGHTS IN ILLINOIS WATERWAYS UNDER FEDERAL AND STATE LAW 2024 University of Illinois Law Review 229 (2024) To a degree poorly recognized, federal law provides robust protection for public rights to use inland waterways throughout the country, protection that displaces more constraining state laws. Federal protection is little needed in states where extensive public rights are recognized in a state's public trust doctrine or elsewhere in state law. But... 2024
Colton Edwards PUTTING TRUST IN VOLUNTARY DEMAND MANAGEMENT: HOW AND WHY WYOMING SHOULD ENCOURAGE THE DEVELOPMENT OF A WATER TRUST 24 Wyoming Law Review 165 (2024) I. Introduction. 166 II. Background. 167 A. The Upper Green River Basin. 168 B. The Upper Colorado River Commission and Drought Management. 170 III. Water Trusts. 172 A. The Colorado Water Trust. 173 B. The Oregon Water Trusts. 174 IV. Designing a Wyoming Solution. 176 A. Instream Flows. 177 B. Water Conservation. 181 C. Water Markets. 182 1.... 2024
Yoko Imajo, M.P.H. REALIZING EQUITY: STRATEGIC UTILIZATION OF THE COMMUNITY REINVESTMENT ACT TO ELEVATE FOOD SECURITY IN HISTORICALLY REDLINED DISTRICTS 33 Southern California Review of Law & Social Justice 289 (Summer, 2024) C1-2TABLE OF CONTENTS I. FOREWORD. 290 II. INTRODUCTION. 293 III. REDLINING AFFECTED MODERN-DAY FOOD INSECURITY LEVELS. 293 A. History of Redlining. 293 B. Focusing on Food Insecurity Can Improve Health Equity and Well-Being. 298 C. Redlining Correlates with Food Insecurity. 300 IV. THE COMMUNITY REINVESTMENT ACT. 301 A. Legislative History and... 2024
Smita Narula REALIZING THE RIGHT TO FOOD IN MAINE: INSIGHTS FROM INTERNATIONAL LAW 76 Maine Law Review 165 (June, 2024) Abstract Introduction I. Situating the Right to Food Amendment A. Connecting Food Justice and Social Justice B. An Emergent Right to Food Movement in the United States C. Food Sovereignty Movements and Food Freedom Laws II. The Right to Food Under International Human Rights Law A. The Value of Framing Food as a Human Right B. The Normative Content... 2024
Dylan R. Hedden-Nicely REBALANCING WINTERS: INDIGENOUS WATER RIGHTS AND CLIMATE CHANGE IN THE WESTERN UNITED STATES 48 Harvard Environmental Law Review 489 (2024) C1-2Table of contents Introduction. 490 I. The Historical Development of Western Water Law. 491 II. The Devolution of the Quantification Method for Reserved Irrigation Water Rights for Tribes. 496 A. The Original Understanding of the Winters Doctrine. 496 B. The Balance Struck in Arizona v. California. 508 C. The Contemporary Method for Estimating... 2024
Taylor Graham RESOLVING CONFLICTS BETWEEN TRIBAL AND STATE REGULATORY AUTHORITY OVER WATER 112 California Law Review 625 (April, 2024) In 2017, the Agua Caliente Band of Cahuilla Indians affirmed their legal right to water in a landmark victory in the Ninth Circuit Court of Appeals. In an exercise of its sovereign authority, the Tribe then implemented a permit system to regulate use of the groundwater underlying its reservation. But local and state water agencies already have a... 2024
Agnes Chong RESTORING THE ENVIRONMENTAL PROTECTION OF INTERNATIONAL RIVERS: A CASE FOR A TEXTUAL APPROACH TO INTERPRETING GLOBAL WATER TREATIES 42 Boston University International Law Journal 27 (Spring, 2024) The 1992 United Nations Economic Commission for Europe (UNECE) Convention and the 1997 Watercourses Convention (the global water conventions) offer a framework for the international protection of shared international river basins, a key source of essential freshwater resources. However, in practice, two-thirds of the world's transboundary rivers... 2024
Mia M. Rahim, Guy C. Charlton, Abhay Kanwar RIVER WATER REGULATION IN INDIA: THE CHALLENGES OF THE ENTANGLED STATE 19 University of Pennsylvania Asian Law Review 419 (June, 2024) The inland river water regulations in India have become complicated by debates over river ownership, environmental sustainability, native aspirations, and industrial growth. This Article argues that such complexities surrounding the river water regulations inform a state of entanglement which cannot be addressed without invoking the unique way... 2024
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
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