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From Loon Lake To Chuckanut Creek: The Rise And Fall Of Environmental Values In Washington's Water Resources Act, Rachael Paschal Osborn 2021 University of Washington School of Law

From Loon Lake To Chuckanut Creek: The Rise And Fall Of Environmental Values In Washington's Water Resources Act, Rachael Paschal Osborn

Washington Journal of Environmental Law & Policy

The year 2021 marks the 50th anniversary of the Water Resources Act of 1971, Washington’s program to protect instream flows in state rivers. Implementation has been controversial and, even a half century later, incomplete. Part 1 introduces the Act. Part 2 examines its legislative history, and administrative development by the Department of Ecology. The Act innovated water allocation, putting instream flows and public uses of rivers on par with out-of-stream water rights. But river protection labors under serious limitations, chief among them the subordination of instream flows to pre-existing water rights. And, although only half of Washington’s watersheds ...


Treading Water: How Citizens, States, And The Environmental Protection Agency Can Restore Proper Criminal Enforcement Of The Clean Water Act's National Pollutant Discharge Elimination System, Marley Kimelman 2021 University of Washington School of Law

Treading Water: How Citizens, States, And The Environmental Protection Agency Can Restore Proper Criminal Enforcement Of The Clean Water Act's National Pollutant Discharge Elimination System, Marley Kimelman

Washington Journal of Environmental Law & Policy

Upon the passage of the Clean Water Act (“CWA”) in 1972, primary responsibility for protecting the United States' water quality and preventing water pollution shifted from the states to the Environmental Protection Agency (“EPA”). The program at the heart of the Clean Water Act, the National Pollutant Discharge Elimination System (“NPDES”), requires anyone who discharges pollutants into the waters of the United States to abide by the terms of a permit issued under the program. If a discharge occurs in violation of the permit or without a permit, and prosecutors are able to prove the responsible party acted with ordinary ...


The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner 2021 University of Oklahoma College of Law

The Shifting Definition: The Clean Water Act, “Waters Of The United States,” And The Impact On Agriculture, Hammons P. Hepner

Oklahoma Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


How The Safe Drinking Water Act & The Comprehensive Environmental Response, Compensation, And Liability Act Fail Emerging Contaminants: A Per- And Polyfluoralkyl Substances (Pfas) Case Study, Carly Johnson 2021 Mitchell Hamline School of Law

How The Safe Drinking Water Act & The Comprehensive Environmental Response, Compensation, And Liability Act Fail Emerging Contaminants: A Per- And Polyfluoralkyl Substances (Pfas) Case Study, Carly Johnson

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.


Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston 2020 Fordham University School of Law

Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston

Fordham Environmental Law Review

No abstract provided.


Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani 2020 Fordham Law School

Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani

Fordham Environmental Law Review

No abstract provided.


Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez 2020 Fordham Law School

Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez

Fordham Environmental Law Review

No abstract provided.


Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal 2020 Fordham Law School

Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal

Fordham Environmental Law Review

No abstract provided.


The Hallmarks Of A Good Test: A Proposal For Applying The "Functional Equivalent" Rule From County Of Maui V. Hawaii Wildlife Fund, Damien M. Schiff, Glenn E. Roper 2020 Pacific Legal Foundation

The Hallmarks Of A Good Test: A Proposal For Applying The "Functional Equivalent" Rule From County Of Maui V. Hawaii Wildlife Fund, Damien M. Schiff, Glenn E. Roper

Pace Environmental Law Review

The Clean Water Act generally requires a federal permit for the discharge of pollutants “from any point source” to navigable waters. It is undisputed that permits are required for discharges of pollutants from point sources that proceed “directly” to regulated waters. But there is much disagreement over the extent to which indirect point-source discharges are regulated. In an attempt to clarify, the United States Supreme Court in County of Maui v. Hawaii Wildlife Fund ruled that permits are required not just for direct point-source discharges, but also for any point-source discharge that is the “functional equivalent” of a direct point-source ...


Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica 2020 Elisabeth Haub School of Law, Pace University

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica

Pace International Law Review

This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ...


Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien 2020 Alexander Blewett III School of Law at the University of Montana

Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien

Public Land & Resources Law Review

A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.


Introduction, Rick Applegate 2020 Alexander Blewett III School of Law at the University of Montana

Introduction, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson 2020 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson

Public Land & Resources Law Review

In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs ...


Urban Growth, Low Impact Development, And Seattle's Stormwater Management System, Katherine Baals 2020 Seattle University School of Law

Urban Growth, Low Impact Development, And Seattle's Stormwater Management System, Katherine Baals

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe 2020 North Carolina Central University School of Law

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.


Argument Analysis: On First Day Of New Term, Supreme Court Seems Skeptical Of Texas’ Arguments In Interstate Water Dispute With New Mexico, Reed D. Benson 2020 University of New Mexico - School of Law

Argument Analysis: On First Day Of New Term, Supreme Court Seems Skeptical Of Texas’ Arguments In Interstate Water Dispute With New Mexico, Reed D. Benson

Faculty Scholarship

Find out more information regarding Texas v. New Mexico at SCOTUSblog.

Read more about Professor Reed Benson's involvement on the UNM Law News Page.


Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek 2020 Marine Affairs Institute (MAI), Roger Williams University School of Law

Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


Takings Liability And Coastal Management In Massachusetts, Melissa Chalek 2020 Marine Affairs Institute (MAI), Roger Williams University School of Law

Takings Liability And Coastal Management In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


Responding To Nuisance Flooding Of Coastal Highways: Options For Massachusetts Municipalities, Melissa Chalek 2020 Roger Williams University School of Law

Responding To Nuisance Flooding Of Coastal Highways: Options For Massachusetts Municipalities, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


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