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Water

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Point Source” Element of the Clean Water Act Offense

This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most...

EPA’s “Waters of the United States” Rule: Substance and Significance

Four hundred stakeholder meetings and one million comments later, the U.S. Environmental Protection Agency released the final Waters of the United States (WOTUS) rule on May 27, 2015. Response to the rule has been immediate, vocal, and...

Deployment of Ocean Renewable Energy Through Area-Based Management: Finding an Adequate Legal Framework

Renewable energy projects located in the ocean are likely to play an increasingly important role in supplying electricity worldwide. Experience in ocean management indicates that, as new uses of the seas are made available, ocean space...

Liquid Gold or Water for Pecans? Valuation of Groundwater in Regulatory Takings Law

In 2012, the Texas Supreme Court’s decision in Edwards Aquifer Authority v. Day reversed 100 years of state water law by changing the principle that establishes groundwater ownership rights from a “rule of capture” to a rule of...

Pesticides, Water Quality, and the Public Trust Doctrine

The public trust doctrine is an ancient legal principle undergoing a modern resurgence. Under it, governments hold certain natural resources in trust for the benefit of present and future generations, and have a judicially enforceable...

Federal Environmental Permitting of Offshore Aquaculture: Coverage and Challenges

Aquaculture is an important and growing element of the domestic and international food supply; however, the industry has grown slowly in the United States, where offshore facilities remain rare despite recent interest in deploying new...

Green Infrastructure in Action: Examples, Lessons Learned, and Strategies for the Future

Municipal wastewater and stormwater utilities are increasingly incorporating green infrastructure (GI) into their wet-weather management plans. GI can be a cost-effective alternative for communities in lieu of traditional gray...

Plain Meaning, Precedent, and Metaphysics: Interpreting the “Navigable Waters” Element of the Clean Water Act Offense

This Article, the third in a series of five, examines the meaning of “navigable waters” under the Clean Water Act. It traces the traditional judicial interpretation of navigable waters and how Congress and EPA attempted to extend its...

Crafting Collaborative Governance: Water Resources, California’s Delta Plan, and Audited Self-Management in New Zealand

Since the 1980s, water governance has increasingly been linked to institutions and laws that engage local actors and closely relate to local ecosystems and catchments. These approaches, referred to as collaborative water governance,...

Key Issues in Setting Water Quality Standards

When setting water quality standards (WQS) for surface water, every state in the nation is faced with the question of “how clean is clean enough?” The standard set by the state is important to citizens, who rely upon a high level of...