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Water (generally)

The Judicial Contribution to Water Justice: The Australian Experience

The Brasilia Declaration of Judges on Water Justice, adopted at the eighth World Water Forum in Brasilia on March 21, 2018, recognizes that water justice involves environmental stewardship, intergenerational equity, sustainable...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

Environmental Rule of Law and the Critical Role of Courts in Achieving Sustainability in Water Resources (Introduction to Judges’ Reflections for the 8th World Water Forum)

This year’s 8th World Water Forum in Brazil—the largest gathering on this subject, held every three years—will for the first time bring judges and prosecutors together with policymakers from around the world to discuss the precarious...

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...

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,...

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...

Recent Developments in Environmental Jurisprudence Affecting Water in Africa

This Comment is a compendium of select recent cases pertaining to water in Africa, and details how these cases have contributed to the interpretation of the legal framework within which water is utilized and protected as a “common good...

Climate Change and the Judge as Water Trustee

Humanity’s quest to achieve orderly mitigation of and adaptation to climate change is dependent upon the just application of the environmental rule of law—the legal framework that protects and sustains the environment on which life...

ELI 2016 Corporate Forum: The Business of Water

As climate change alters global weather patterns and the earth’s population continues to grow and urbanize, water resources are poised to become an ever increasing catalyst for volatility, even in regions where water scarcity has not...

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