| Author | Title | Citation | Summary | Year |
| 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 |
| 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 |