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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...

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...

Water Wars: Solving Interstate Water Disputes Through Concurrent Federal Jurisdiction

As climate change shifts precipitation patterns, warms seasonal temperatures, and causes severe droughts, the value of and demand for water rises. Consequently, competition for water resources is likely to increase among the states and...

The State of Compensatory Mitigation

Compensatory mitigation has been a rapidly growing industry among states, nonprofits, and the private sector ever since the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) released their 2008...

“A Greater Sense of Urgency”: EPA’s Emergency Authority Under the SDWA and Lessons From Flint, Michigan

Section 1431 of the Safe Drinking Water Act (SDWA) grants the U.S. Environmental Protection Agency (EPA) expansive emergency authority to protect public drinking water sources from contamination. Specifically, §1431 authorizes the EPA...