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Waters Protected by the Clean Water Act: Cutting Through the Rhetoric on the Proposed Rule

On March 25, 2014, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers proposed to revise their rules defining which water bodies are protected by the Clean Water Act. As with so much of our public...

Five Things to Consider When Developing and Adapting Water Policies and Programs in the West

Water policies and programs in the western United States have not always achieved the results originally envisioned. The surrounding circumstances, from public opinion and involvement to hydrology and administrative capacity,...

Dynamic MPAs ver.0.0: Protecting Cowcods From Potential Climate-Forced Hypoxia in Southern California

Dynamic marine protected areas (MPAs) are areas with a range of dormant management responses that turn on only when conditions warrant them. This new tool has the potential to allow resource managers to respond to impending but highly...

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...