How to Take Climate Change Into Account: A Guidance Document for Judges Adjudicating Water Disputes

December 2010
Citation:
40
ELR 11215
Issue
12
Author
Carolyn Brickey, Kirsten Engel, Katharine Jacobs, Daniel F. Luecke, Julia Matter, Marc L. Miller, Jonathan Overpeck, and Bradley Udall

This report is intended for use by federal, state, and administrative judges who are confronted with a legal dispute involving a water resource that is alleged to be impacted by climate change. It may be useful as well for attorneys litigating or experts working on water adjudications. The purpose of this document is to summarize the manner in which climate change may impact rights and frameworks established under state and federal law concerning water resources and to anticipate the issues that water-related climate claims will pose to legal decisionmakers. This report arose out of the November 11-12, 2009, workshop, "Water Law and Climate Change," held in Reno, Nevada, and sponsored by the National Judicial College and Dividing the Waters, a nonprofit organization of federal and state water adjudicators. No judge who attended the workshop has reviewed or approved of the content of this document. This document does not reflect the personal opinion of any individual judge.

Editors' Summary
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How to Take Climate Change Into Account: A Guidance Document for Judges Adjudicating Water Disputes

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