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