Eric Leis "WATER, WATER, EVERYWHERE, NOR ANY DROP TO DRINK": HOW THE FEDERAL GOVERNMENT CAN COMBAT SALTWATER INTRUSION IN THE UPPER FLORIDAN AQUIFER 25 University of Denver Water Law Review 163 (Spring, 2022) INTRODUCTION. 163 I. The Upper Floridan Aquifer. 166 A. Groundwater. 166 B. Saltwater Intrusion. 167 C. Hydrology, Use, and Depletion of the Upper Floridan Aquifer. 168 D. Saltwater Intrusion into the Upper Floridian Aquifer. 169 II. Federal Water Rights. 170 A. Federal Reserve Water Rights. 170 1. The Development of the Winters Doctrine. 171 2.... 2022
Reed D. Benson A CONTENTIOUS MISSION: WATER SUPPLY AND CORPS OF ENGINEERS RESERVOIRS 32 Duke Environmental Law and Policy Forum 247 (Spring, 2022) The U.S. Army Corps of Engineers operates hundreds of multipurpose reservoirs nationwide, many of which provide water for municipal and industrial purposes. Demands for water from Corps reservoirs are sure to grow, and Congress has ordered the Corps to report on whether water supply should become a primary mission of the agency. The Corps has... 2022
Allyson E. Gold, Srinivas Parinandi, Allen Slater, Tyler Garrett ADVANCING POSITIVE WATER RIGHTS 81 Maryland Law Review 449 (2022) Despite its necessity to survival, the United States does not recognize a positive right to water. Instead, access is determined largely by the free market. Consequently, millions have historically lacked reliable access to clean water, a crisis that disproportionately affects minority and low-income households. Then came the COVID-19 pandemic.... 2022
Amelia Marsh ANNE MACKINNON, PUBLIC WATERS: LESSONS FROM WYOMING FOR THE AMERICAN WEST, UNIVERSITY OF NEW MEXICO PRESS (2021); 368 PP.; ISBN 978-0-8263-6241-4 25 University of Denver Water Law Review 307 (Spring, 2022) Public Waters: Lessons from Wyoming for the American West traces the development of Wyoming water law and water management beginning in the 1880s through 2020. The author, Anne MacKinnon, leverages her extensive experience living and working in Wyoming as a journalist and editor-in-chief of the Casper Star-Tribune to chronicle the development of... 2022
  California's Water Projects: Triumph and Adversity 16 The American College of Construction Lawyers Journal 3 (2022) This article is adapted from the Overton Currie lecture, given at the February 2022 meeting of the American College of Construction Lawyers, in Laguna Beach, California. 2022
Erum Sattar COMPARING COLONIAL WATER LEGACIES: FLOW AND STAGNATION IN LEGAL DEVELOPMENT 29 Buffalo Environmental Law Journal 55 (2021-2022) In 1965 Lon Fuller wrote an article, Irrigation and Tyranny, that is perhaps little known by scholars other than legal theorists of irrigation. In it, he recounted his personal interest in the ideas of the great irrigation theorist Karl Wittfogel, specifically, Wittfogel's idea of a hydraulic civilization. Fuller observed that: The historian Karl... 2022
Judith Dworkin COURTS HAVE MUCH TO RESOLVE IN DETERMINING INDIAN WATER RIGHTS 36-WTR Natural Resources & Environment 39 (Winter, 2022) A sustainable water supply is critical for viable communities. In the western United States, this has meant the development of water law regimes to support the area's growing population. These regimes set objectives for obtaining and controlling limited water and diverting, storing, and delivering this vital resource. The federal government,... 2022
Misbah Husain , Melissa K. Scanlan DISADVANTAGED COMMUNITIES, WATER JUSTICE & THE PROMISE OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT 52 Seton Hall Law Review 1513 (2022) I. Introduction. 1514 II. Water Infrastructure Need. 1515 III. Drinking Water. 1518 A. The Infrastructure Law Prioritizes Disadvantaged Communities for Funding Through the Drinking Water State Revolving Fund Program. 1518 B. The Infrastructure Law Expands Funding Opportunities to Disadvantaged Communities with Compliance Problems. 1519 IV. Clean... 2022
Jaclyn Lopez ENFORCEMENT OF CLEAN WATER ACT COULD CLEAN UP WATER, SAVE FLORIDA MANATEES 53 ABA Trends 27 (March/April, 2022) Florida's water quality crisis is best told through the eyes of a Florida manatee. Florida manatees are slow-moving herbivores, roly-poly sea cows that graze on seagrasses throughout Florida's rivers, estuaries, and nearshore marine waters. But in 2021, algae-choked water caused by nutrient pollution killed hundreds of the manatees. On Florida's... 2022
Daniel A. Kracov EUGENICS AND THE DEVELOPMENT OF U.S. FOOD AND DRUG LAW 77 Food & Drug Law Journal 135 (2022) The Food and Drug Administration (FDA) and its core statutory authorities have a complex and storied history. Historians and lawyers recounting the agency's early development--which roughly spanned from the debates culminating in the Pure Food and Drug Act of 1906 to the enactment of the Federal Food, Drug, and Cosmetic Act of 1938--typically cite... 2022
Katya S. Cronin FDA-APPROVED: HOW PFAS-LADEN FOOD CONTACT MATERIALS ARE POISONING CONSUMERS AND WHAT TO DO ABOUT IT 6 Business, Entrepreneurship & Tax Law Review 117 (Spring, 2022) Nearly every person in the United States currently has in their body dangerous amounts of chemicals proven to cause cancer, endocrine disruptions, liver and kidney failures, infertility, developmental difficulties, learning disorders, and immunodeficiencies. These chemicals are known collectively as PFAS--per-and poly-fluoroalkyl substances--and... 2022
Melissa K. Scanlan , Misbah Husain FEDERAL FUNDING AND WISCONSIN'S WATER INFRASTRUCTURE 95-DEC Wisconsin Lawyer 8 (December, 2022) People throughout the United States increasingly are at risk for diminished drinking water quality, extreme flooding, property damage, and more. In Wisconsin, as in other states, these negative consequences are unequally distributed, with low-income and minority communities disproportionately affected by such harms. Among efforts to protect the... 2022
Jennifer L. Pomeranz , Dariush Mozaffarian FOOD MARKETING TO--AND RESEARCH ON--CHILDREN: NEW DIRECTIONS FOR REGULATION IN THE UNITED STATES 50 Journal of Law, Medicine & Ethics 542 (Fall, 2022) Keywords: Food Marketing, First Amendment, Market Research on Children, Unfair and Deceptive Acts and Practices Abstract: As countries around the world work to restrict unhealthy food and beverage marketing to children, the U.S. remains reliant on industry-self regulation. The First Amendment's protection for commercial speech and previous gutting... 2022
Robin Rotman , Sophie Mendelson FOOD, FREEDOM, FAIRNESS, AND THE FAMILY FARM 125 West Virginia Law Review 1 (Fall, 2022) The concept of the family farm holds powerful sway within the American narrative, embodying both nostalgia for an imagined past and anxiety for a future perceived to be under threat. Since the founding of the United States, this cultural ideal has been invoked in support of a rosy vision of agrarian democracy while obscuring the ways in which the... 2022
Martha F. Davis HIDDEN BURDENS: HOUSEHOLD WATER BILLS, "HARD-TO REACH" RENTERS, AND SYSTEMIC RACISM 52 Seton Hall Law Review 1461 (2022) I. Introduction. 1462 II. Water Unaffordability: Impacts and Policy Responses. 1470 A. Water and Sanitation Costs Are Rising Significantly. 1470 B. Utilities' Efforts to Address Unaffordability. 1475 1. Customer Assistance Plans. 1475 i. Lifeline Programs. 1475 ii. Charitable Programs. 1476 iii. Flexible Payment Plans. 1478 iv. Temporary... 2022
Emma Easley IMPROVING INTERSTATE WATER COMPACTS ONE ADR PROVISION AT A TIME 37 Ohio State Journal on Dispute Resolution 369 (2022) I. Introduction II. History of Water Scarcity and Disputes A. Global Water Availability B. American Water Availability C. Water Compacts Overview III. Effectiveness and Problems with Interstate Water Compacts A. Water Compact Benefits B. Water Compact Drawbacks IV. The Great Lakes Compact: A Case Study A. Great Lakes Overview B. History of the... 2022
Zahraa Nasser IMPROVING NEW MARKET TAX CREDIT ACCESSIBILITY TO ADDRESS FOOD VULNERABILITY 36 Notre Dame Journal of Law, Ethics & Public Policy 399 (2022) As middle to upper-class Americans panicked over the national shortage of toilet paper, for a moment they came close to understanding what it was like to be poor in the United States. In April 2020, we united as a nation as canned foods, flour, sugar, and cleaning supplies flew from grocery store shelves with no certainty of the quick restock to... 2022
Katrina M. Wyman , Emma Dietz INTEGRATING FOOD INTO LOCAL CLIMATE POLICY 24 NYU Journal of Legislation and Public Policy 725 (2021-2022) In the United States, governmental efforts to limit climate change have largely focused on reducing greenhouse gas (GHG) emissions from transportation and electricity, the top two sources of GHG emissions on a national level. With a few notable exceptions, American governmental entities have paid much less attention to reducing GHG emissions from... 2022
Alveena Shah LEASING THE RAIN: WATER, PRIVATIZATION, AND HUMAN RIGHTS 26 UCLA Journal of International Law and Foreign Affairs 89 (Fall/Winter, 2022) The 1990s saw the unprecedented emergence of corporate engagement in national water systems. Before 1990, international funding went exclusively to public entities. By 2001, ninety-three countries had private sector involvement in their water systems. This shift, supported by international business and trade law, created a regulatory framework... 2022
Genevieve (Jenny) Zook LEGAL RESOURCES: RESEARCHING WISCONSIN WATER LAW 95-MAY Wisconsin Lawyer 45 (May, 2022) For some lawyers, finding resources on specific legal topics might seem as challenging as finding a cool drink in a desert. This article makes the process of researching water law much easier. Because of a megadrought in the western United States, water has become such a scarce commodity that neighbors fight over irrigation ditches, and water cops... 2022
Danielle Clifford NINTH CIRCUIT MUDDIES THE WATERS OF TRIBAL SOVEREIGN IMMUNITY AND THE CLEAN WATER ACT IN DESCHUTES RIVER ALLIANCE v. PORTLAND GE 12 Washington Journal of Social & Environmental Justice 45 (May, 2022) Throughout 2011 and 2012, members of the Deschutes River community who fish in the Lower Deschutes River in Oregon noticed a slew of significant changes to their natural environment. The Deschutes River Alliance attributed the changes to the operation of the Pelton Round Butte Hydraulic Project, which is co-owned and operated by Portland General... 2022
Rachael E. Salcido PLASTIC ACTIVISM AND THE CLEAN WATER ACT 52 Environmental Law 307 (Summer, 2022) Scientists have been sounding the alarm about the health and environmental dangers of plastics. We have been slow to pay attention. Plastic production causes a range of environmental harms. Furthermore, larger plastic items break down over time into smaller and smaller pieces--microplastics. Much of the plastic waste in our environment originates... 2022
Emily M. Shinn PROPERTY RIGHTS AND URBAN FARMING: EXAMINING THE ROLE OF RESTRICTIVE COVENANTS ON URBAN AGRICULTURE DURING TIMES OF NATIONAL FOOD INSECURITY AND CRISIS IN THE UNITED STATES 96 Tulane Law Review 503 (February, 2022) I. Introduction. 504 II. Background of Agricultural Covenants: Keeping Out the Unwanted. 508 III. Implications of Urban Farming in the Modern World. 512 A. Resilience and Adaptation: Urban Agriculture as a Viable Solution During Times of National Emergency. 513 B. Urban Farming at Work: Lessons Learned from the Past and Present. 516 1. Detroit,... 2022
Reid Peyton Chambers PROTECTION AND IMPLEMENTATION OF INDIAN RESERVED WATER RIGHTS AS A NECESSARY CONDITION FOR TRIBAL ECONOMIC DEVELOPMENT 2022 Wisconsin Law Review 383 (2022) Introduction. 383 I. Legal Framework of Federally Reserved Indian Water Rights. 385 A. Winters Case. 385 B. Repeated Failures of the United States to Implement Winters for the First Five Decades After the Decision. 386 C. Arizona v. California. 389 II. Adjudications Involving Indian Water Rights Subsequent to Arizona v. California. 391 A. Wyoming... 2022
Craig Anthony (Tony) Arnold , Resilience Justice Project Researchers RESILIENCE JUSTICE AND URBAN WATER PLANNING 52 Seton Hall Law Review 1399 (2022) I. Introduction. 1400 II. Urban Water Planning And Institutions. 1405 A. Urban Water Planning. 1405 B. Local Water Institutions. 1408 C. State Water Institutions. 1409 D. Federal Water Institutions. 1414 III. Resilience Justice. 1417 IV. Case Studies: Fresno and Sacramento. 1423 A. Overview. 1423 B. Fresno Case Study. 1425 C. Sacramento Case Study.... 2022
Heather J. Tanana SECURING A PERMANENT HOMELAND: THE FEDERAL GOVERNMENT'S RESPONSIBILITY TO PROVIDE CLEAN WATER ACCESS TO TRIBAL COMMUNITIES 69-APR Federal Lawyer 52 (March/April, 2022) Water is life--critical to the health, socioeconomic, and cultural needs of any community. Every household in the United States needs and deserves access to clean, reliable, and affordable drinking water. Yet, tribal communities face high rates of water insecurity. More than a half million people--nearly 48 percent of tribal homes in Native... 2022
Silvia M. Radulescu SEGREGATION, RACIAL HEALTH DISPARITIES, AND INADEQUATE FOOD ACCESS IN BROOKLYN 29 Georgetown Journal on Poverty Law and Policy 251 (Winter, 2022) Despite remarkable medical advances and the steady rise of New Yorkers' overall life expectancies, striking health disparities exist among New Yorkers along racial and economic lines. Poor health is concentrated in predominantly Black and Hispanic poverty-stricken neighborhoods. Within just a ten-mile radius in Brooklyn, there is a decade-long... 2022
Iselin Gambert SHOULD THE GREAT FOOD TRANSFORMATION BE FAKE-MEAT FREE? CONSIDERING STRATEGIES FOR A FUTURE OF FOOD THAT IS KINDER TO PEOPLE, ANIMALS, AND THE PLANET 6 Business, Entrepreneurship & Tax Law Review 96 (Spring, 2022) There is another world, but it is in this one.- Paul √Čluard In 2019, former Trump White House adviser Sebastian Gorka infamously denounced advocates of the Green New Deal with the pithy admonishment, They want to take away your hamburgers. This rhetoric is ironic given that none of the politicians supporting the Deal have suggested widescale... 2022
Samuel T. Ayres STATE WATER OWNERSHIP AND THE FUTURE OF GROUNDWATER MANAGEMENT 131 Yale Law Journal 2213 (May, 2022) Climate change--bringing worse drought and more erratic weather--will both increase our need for groundwater and shrink the amount available. Managing dwindling groundwater reserves poses stark legal and policy challenges, which fall largely on the states. But in many states, antiquated legal regimes allow for an unrestricted race to pump aquifers... 2022
Luis Inaraja Vera TAKINGS PROPERTY AND APPROPRIATIVE WATER RIGHTS 44 Cardozo Law Review 271 (October, 2022) The Takings Clause of the Fifth Amendment to the United States Constitution provides that private property [shall not] be taken for public use, without just compensation. While courts and academics have put considerable amounts of effort into discussing the meaning of taken or public use, they have given far less attention to the phrase... 2022
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