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Water

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...

Ocean Policy and the Trump Administration

Each presidential election brings the possibility of large-scale changes in environmental policy. Pres. Donald Trump has not explicitly laid out ocean policies for his new administration, but he has provided some clues; these policies...

The Impact of Climate Change on American and Canadian Indigenous Peoples and Their Water Resources

Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have...

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...

Inefficient Efficiency: Crying Over Spilled Water

As the drought in western states worsens, the agricultural sector is being criticized for failing to adopt technical responses, such as shifting to less waterdemanding crops and state-of-the-art irrigation systems. However, these...

Brownfields to Green: A Proposal for Redevelopment of Brownfields Property for Natural Resource Value

There are many sites in the United States that are blighted or undeveloped because of actual or perceived environmental contamination. Often, these sites are “orphans,” without existing owners having the wherewithal to undertake...

“Waters of the United States” and the Agricultural Production Sector: Sweeping Change or More of the Same?

EPA and the Corps’ promulgation of a new definition of “waters of the United States” under the CWA has prompted a fierce rhetorical and legal debate. EPA maintains that the agencies’ jurisdiction may actually be limited by the new...

Hawkes v. U.S. Army Corps of Engineers: Is a Wetlands Jurisdictional Determination Reviewable Under the Administrative Procedure Act?

On March 30, 2016, the U.S. Supreme Court heard oral argument in Hawkes Co. v. U.S. Army Corps of Engineers. This case from the U.S. Court of Appeals for the Eighth Circuit asks whether a wetlands jurisdictional determination (...

Plain Meaning, Precedent, and Metaphysics: Lessons in Statutory Interpretation From Analyzing the Elements of the Clean Water Act Offense

This Article, the fifth in a series of five, completes the author’s detailed analysis of how federal courts have interpreted each element of the Clean Water Act (CWA) offense. Compiling statistics across the four prior articles, it...