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Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter 2020 University of New Mexico

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


“Water Is A Human Right”: Exploring The Paradox Of Framing Water As A Human Right In A Hostile Political Climate, Sabrina Kozikis 2019 Columbia University

“Water Is A Human Right”: Exploring The Paradox Of Framing Water As A Human Right In A Hostile Political Climate, Sabrina Kozikis

Conference: The Social Practice of Human Rights

Many communities across the United States experience challenges in accessing clean and affordable water. In response, civil society and grassroots organizations are using a human rights framework to advocate for safe and affordable services for all. This is a curious trend, given that the United States is a country in which human rights, specifically socio-economic rights, are not recognized as relevant for domestic policy and even met with hostility. This study explores this tension: why do civil society actors, grassroots organizers, and national level advocates in the United States use a human rights framework to advocate for access to clean ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone 2019 William & Mary Law School

The Necessary Interrelationship Between Land Use And Preservation Of Groundwater Resources, Linda A. Malone

Linda A. Malone

No abstract provided.


The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone 2019 William & Mary Law School

The Myths And Truths That Ended The 2000 Tmdl Program, Linda A. Malone

Linda A. Malone

No abstract provided.


The Proceedings Of The Water Rights Symposium, Lynda L. Butler 2019 William & Mary Law School

The Proceedings Of The Water Rights Symposium, Lynda L. Butler

Lynda L. Butler

No abstract provided.


Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler 2019 William & Mary Law School

Environmental Water Rights: An Evolving Concept Of Public Property, Lynda L. Butler

Lynda L. Butler

No abstract provided.


Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler 2019 William & Mary Law School

Defining A Water Ethic Through Comprehensive Reform: A Suggested Framework For Analysis, Lynda L. Butler

Lynda L. Butler

No abstract provided.


Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler 2019 William & Mary Law School

Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler

Lynda L. Butler

Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the ...


Nevada State Engineer V. Happy Creek, Inc., 375 Nev. Adv. Op 41 (Sep. 12, 2019), Paige Silva 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Nevada State Engineer V. Happy Creek, Inc., 375 Nev. Adv. Op 41 (Sep. 12, 2019), Paige Silva

Nevada Supreme Court Summaries

In water rights permit cancellation cases, the Nevada courts have long-standing and well-supported authority to grant equitable relief from the new priority date that NRS 533.395 requires the State Engineer to assign.


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher 2019 UC Berkeley School of Law

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Holly Doremus

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for nonextractive purposes ...


Book Review Of "River Of Lost Souls", Clifford J. Villa 2019 University of New Mexico School of Law

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.


Red River, White Law, Laura Spitz 2019 University of New Mexico - School of Law

Red River, White Law, Laura Spitz

Faculty Scholarship

No matter how well-intended, advocates reaching for personhood on behalf of rivers in the United States must think carefully about how to meaningfully engage the Indigenous peoples directly affected, or risk continuing practices of colonization. In that sense, the Colorado River case was a missed opportunity to contextualize the claim in terms of local Indigenous laws and cultures. Its dismissal provides an opportunity to reset and reach out before moving forward again.


Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello 2019 University of Maine School of Law

Are Marine National Monuments "Situated On Lands Owned Or Controlled By The Government Of The United States?", Tyler C. Costello

Ocean and Coastal Law Journal

The ocean offers what may seem like endless supply of natural resources, ecosystem services, or for some, simple enjoyment. Yet, in the face of climate change and overexploitation, many of these unique ecosystems and their inhabitants face an uphill battle. A president's use of the Antiquities Act establishing a national monument is an efficient and effective method of protecting these diverse ecosystems, as long as the area to be protected satisfies one of the Act's limitations that the monument be "situated on land owned or controlled by the federal government." Prior to a 2017 lawsuit concerning President Obama ...


Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten 2019 University of Maine School of Law

Defining Fishing, The Slippery Seaweed Slope, Ross V. Acadian Seaplants Ltd., Rebecca P. Totten

Ocean and Coastal Law Journal

In Maine, the intertidal zone has seen many disputes over its use, access, and property rights. Recently, in Ross v. Acadian Seaplants, Ltd., the Maine Supreme Judicial Court, sitting as the Law Court, held that rockweed seaweed in the intertidal zone is owned by the upland landowner and is not part of a public easement under the public trust doctrine. The Court held harvesting rockweed is not fishing. This case will impact private and public rights and also the balance between the State's environmental and economic interests. This Comment addresses the following points: first, the characteristics of rockweed and ...


Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph 2019 University of Maine School of Law

Avoiding Maladaptations To Flooding And Erosion: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

Ocean and Coastal Law Journal

This article offers perspective on how Alaska Native Villages (ANVs), which are small and rural indigenous communities, are adapting to changes in flooding and erosion. It considers which adaptations might be maladaptations and what might be done to facilitate adaptation short of relocating entire communities. It outlines the United States' legal framework applicable to flooding and erosion and considers why this framework may do little to assist ANVs and similarly situated small and rural communities. Findings regarding adaptation strategies and obstacles are drawn from my Ph.D. research, which involved a review of plans for fifty nine ANVs and 153 ...


Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White 2019 Villanova University Charles Widger School of Law

Bridge Over Troubled Waters? Ninth Circuit Makes Waves Refusing To Narrow Clean Water Act In Hawaii Wildlife Fund V. County Of Maui, Allison R. White

Villanova Environmental Law Journal

No abstract provided.


Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan 2019 Villanova University Charles Widger School of Law

Violations Abound: The Control Of Water Pollution Liability In Eqt Production Company V. Department Of Environmental Protection Of The Commonwealth, Christopher Regan

Villanova Environmental Law Journal

No abstract provided.


Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa 2019 University of New Mexico - School of Law

Gold King Mine Spill: Environmental Law And Legal Protections For Environmental Responders, Clifford J. Villa

Faculty Scholarship

On August 5, 2015, EPA contractors working at the Gold King Mine in southwestern Colorado accidently released approximately three million gallons of contaminated mine water into the drainage of the Animas River. The water contained metals which created a bright orange plume that coursed down the Animas River and into the connecting San Juan River for many days, attracting nationwide attention and creating great concern for many local communities. The plume touched at least three states, three tribes, and numerous municipalities. The release fortunately did not prove an environmental catastrophe as many people feared at the time. However, it did ...


When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth 2019 Cleveland-Marshall College of Law

When Industry Knocks: Ohio Department Of Agriculture's Fight To Control Pollution Permits For Concentrated Animal Feeding Operations, Alexis Woodworth

Cleveland State Law Review

The Clean Water Act requires that a permit be obtained before discharging pollutants into bodies of water in the United States. In Ohio, these permits are issued by the Ohio Environmental Protection Agency. But in 2002, after growing pressure from agriculture lobbyists, the Ohio Legislature passed legislation to transfer permitting authority over industrial farms to the Ohio Department of Agriculture. To date, this transfer has not been approved by the United States Environmental Protection Agency (EPA). The U.S. EPA has demanded legislative and regulatory changes before it will grant the Ohio Department of Agriculture (ODA) permitting authority. Concerned citizens ...


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