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Is Integrated Water Management on Track in the European Union?

Although major progress has been made in water management compared with the sometimes dramatic situation in the 1960s and 1970s, much has still to be done to achieve the ambitious objectives of European Union (EU) water law. Climate change is adding an extra challenge. Additional measures should be taken, and continuous investment in upgrading and maintaining water treatment systems, together with an environmentally friendly management of water systems, will be on the agenda for many years.

The Conflict Over the River Atuel in Argentina

In a historic ruling that began to shape the solution to a conflict that has been going on for more than 70 years, the Supreme Court of Argentina ordered in 2017 that the province of Mendoza, together with the province of La Pampa, should allocate the water flow of the Atuel River within 30 days in order to enable restoration of the ecosystem that was affected in the northwest of La Pampa by the Los Nihuiles dams. In the ruling, the Argentine high court ordered that the two provinces, together with the national government, submit a work plan for allocation of the waters of the Atuel River.

Water Justice: The Case of Brazil

The main proposition of this Comment, which focuses on the Brazilian experience and the jurisprudence of the National High Court of Brazil (STJ), is that we must develop a water justice system. To some extent, this would be a novel concept, aggregating not just traditional principles of water and environmental law, policy, and management—like the polluter-pays, user-pays, and precautionary principles—but one that would also embrace new and strengthen existing legal perspectives, such as recognition of the intrinsic public nature of water and the principle in dubio pro aqua.

Small Critter, Big Problem: Protecting the Pearl River Map Turtle in Mississippi

Mississippi has 47 animal species federally protected under the Endangered Species Act. That list includes all types of animals, from whales to mollusks, but it does not include the Pearl River map turtle (Graptemys pearlensis). This is notable because the Pearl River map turtle is considered endangered or perhaps critically endangered by the International Union for Conservation of Nature, and trade of the map turtle is restricted by international treaty—the Convention on International Trade in Endangered Species of Wild Fauna and Flora—at the request of the United States.

Antiquities Act: Legal Implications for Executive and Congressional Action

Secretary of the Interior Ryan Zinke's review of 27 national monuments has focused new attention on the Antiquities Act of 1906. Two recent proclamations by President Trump reducing existing Utah monuments, and the potential for further actions by the president and Congress, may substantially affect the future shape and effect of this important law. On December 7, 2017, ELI held a seminar to explore presidential and congressional authority in declaring and modifying national monuments.

Green Infrastructure for Chesapeake Stormwater Management in a Changing Climate

One of the greatest impacts of climate change on the Chesapeake Bay Watershed will be the need for stormwater management. With green infrastructure, the Chesapeake region is in position to take national leadership on the issue of climate change impacts to vulnerable coastal communities and to demonstrate resiliency in the face of change. This Article examines and addresses potential legal obstacles and describes the most promising pathways within the existing legal framework.

Deep Decarbonization of New Buildings

New buildings constructed today can be expected to remain in use well beyond 2050. As a result, thoughtful decisions now can have a significant impact on reducing the carbon footprint of buildings for decades to come. Buildings use about 40% of energy produced in the United States and are responsible for about 30% of the nation’s carbon dioxide emissions, making carbon emissions from buildings a priority for reduction. Substantial progress has been made in making new buildings more energy efficient, and technology is available that would allow for major additional reductions.

The Indian Supreme Court and International Environmental Norms

The Indian Supreme Court has been globally recognized for its inclination toward activism and its willingness to step in to fill gaps with respect to issues that affect the State and society alike. With respect to environmental issues, the Court’s activism has been markedly greater, and it has time and again played a leading role in deciding (and altering) the contours of the regulatory framework and in paving the way for a “sustainable India." This Comment analyzes one aspect of the Court's activism: its adoption and application of international environmental law principles.

Slow Threats and Environmental Policy

Some threats to the environment, like acid rain and stratospheric ozone depletion, emerged fairly rapidly, and abrupt threats like an oil or toxic chemical spill demand an immediate response. But most environmental problems have the opposite character: they involve “slow threats,” where small, hardly noticeable changes add up over time to produce large impacts. Nearly all of the most serious environmental problems we face involve slow threats.

The Corporate Role in the Environmental Protection Enterprise

With real-time diagnostics, cutting-edge compliance management systems, and an underlying focus on sustainability as a good economic and reputational practice in many industry sectors, environmental compliance is increasingly self-policed and self-corrected by regulated entities. There is also much discussion about “cooperative federalism” and the need to ensure that program administration reflects the significant expertise and experience state agencies now have after decades of administering environmental protection laws.