Archive for Water

LOST Opportunity: Why Ratifying the Law of the Sea Treaty Still Has Merit

Nadia H. Dahab and Spencer G. Scharff* View PDF Abstract: The United States remains one of only a handful of nations that have declined to ratify the United Nations Convention on the Law of the Sea (the “UNCLOS”).  Although it has been thirty-four years since the UNCLOS was finalized, and twenty-two years since it took […]

Federalist Society Panel
Environmental Law: The Role of Congress in Environmental Law

[1] View PDF Moderator:  Hon. Steven M. Colloton[2] Speakers: Prof. David Schoenbrod[3] Prof. Eric R. Claeys[4] Matt Leggett[5] Prof. Nicholas A. Robinson[6] JUDGE STEVEN M. COLLOTON:  Thank you for joining us for this morning’s panel.  I’ve been asked to moderate.  I’m Steve Colloton, Judge of the U.S. Court of Appeals for the Eighth Circuit, with […]

“Raisins Are Not Oysters”: Horne and the Improper Synthesis of the Public and Wildlife Trusts

Autumn T. Breeden[1] View PDF Abstract Public trust and wildlife trust doctrines have historically been viewed as two separate property doctrines. The synthesis of the two would have serious repercussions for private property owners and endangered wildlife species. A misguided reading of the recent Horne decision from the United States Supreme Court threatens to do […]

Arizona v. California & the Colorado River Compact: Fifty Years Ago, Fifty Years Ahead

Jason A. Robison and Lawrence J. MacDonnell – Rooted in concerns about reliance interests and expectations attached to Colorado River water in the Lower Basin, this Article considers the nuanced relationship between Arizona v. California and the Colorado River Compact as this relationship is implicated by the supply-demand imbalance.

The EPA’s Proposed CAFO Information Disclosure Rules and Their Potential to Improve Water Quality

By Christopher R. Brown – Concentrated Animal Feeding Operations comprise the single largest contributor to pollution entering U.S. surface waters. EPA initiated a proposed rulemaking under section 308 of the Clean Water Act that would require CAFOs to divulge certain types of critical information. This article explains the proposed rule and its potential to enforce water quality laws.