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Water

The Indian Supreme Court Promotes Interlinking of India's Rivers: Judicial Overreach?

The much-discussed and oft-criticized Indian interlinking of rivers project, initiated on its own motion by the Supreme Court of India (SC), will involve connecting 37 rivers in India through 30 links and 36 dams. The SC seems to have...

Cooperative Federalism, Nutrients, and the Clean Water Act: Three Cases Revisited

Cooperative federalism varies widely from program to program, and depends on the relationship each statute prescribes. The Clean Water Act (CWA), while providing ample room for state participation, is heavily federal and leaves little...

The Newest Player in the Climate Change/Renewable Energy Game: EPA’s $100+ Billion Clean Water State Revolving Fund

On August 13, 2013, the state of New York set an important legal precedent that could help to retard climate change and reduce greenhouse gas (GHG) emissions in the United States. On that day, the New York State Energy Research...

Nutrients in the Courts: Cooperative Federalism Entangles EPA Actions on Nitrogen and Phosphorus

For over a decade, the regulation of nutrients (nitrogen and phosphorus) under the Clean Water Act has been a focus of the U.S. Environmental Protection Agency's (EPA's) attention. Now, it is a focus of litigation. Hypoxia in the Gulf...

Sink or Swim: Abrogating the Nile Treaties While Upholding the Rule of Law

A shocking 80% of the Nile’s water is consumed by one country: Egypt. The upstream riparian countries threaten to encroach on Egypt’s share of water as recordbreaking populations, droughts, and famines generate ever-greater need. Indeed...

A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?

Fragmentation poses a major challenge to effective water management in the United States. The CZMA provides a potential model for national legislation promoting more-integrated water management by the states. The federal government has...

A Comment on "A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?"

Fragmentation, calcified in the media-specific nature of federal and state statutes, in the silo-by-silo regulatory approach of environmental and natural resource agencies, and in the arbitrary jurisdictional fiefs that begin in the...

The Balancing Act: A Comment on "A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?"

In A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?, Prof. Barton Thompson addresses the significant challenge of substantive and geographic fragmentation in water management. He...

Goodbye Fourth of July: Are Fireworks Displays Now Subject to CWA Regulation?

The federal Clean Water Act (CWA) has been instrumental in restoring the health and safety of the nation’s bays, harbors, and beaches from industrial and municipal discharges during the past 40 years. But does the CWA now regulate...

The Historical, Comparative, and Convergence Trifecta in International Water Law: A Mexico-U.S. Example

Doctrinal disconnects complicate adjudication of international water rights controversies. However, legal history and comparative law sources can fill gaps and build analogies to bridge differences in substantive law. Between Mexico and...