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Water

Can TMDLs Serve as ARARs?

The CWA and CERCLA were passed to clean up the environment and protect public health. Both statutes required Congress to set a standard for cleanliness. Under
CERCLA, Congress determined that Superfund sites had to meet applicable...

Is Water a Natural Resource in International Watercourses?

Resource managers, economists, and legal scholars consider water a natural resource. The fundamental tensions raised by the concept of international water management are legal, such as sharing water in international watercourses,...

Dirty Water: Lessons for Comparative Public Law and International Governance From Wastewater Regulation in the United States and Germany

A good deal can be learned from studying how Germany and the United States regulate the discharge of treated wastewater, but these lessons are not restricted to an enhanced understanding of one aspect of environmental protection....

At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward

In the western United States, the management of surface water quality and quantity is highly compartmentalized. This compartmentalization among and within state and federal authorities is not inherently objectionable. To the contrary,...

Vapor Intrusion: The State of the Science and the Law

Vapor intrusion—migration of volatile chemicals from contaminated groundwater or soil into an overlying building—is now part of nearly every site investigation and many real estate transactions. As the science of vapor intrusion...

Emerging EPA Regulation of Pharmaceuticals in the Environment

The May 25, 2012, report—entitled EPA Inaction in Identifying Hazardous Waste Pharmaceuticals May Result in Unsafe Disposal—disapproved of EPA’s lack of progress in determining
whether certain pharmaceuticals found in surface,...

The U.S. Supreme Court's Decision in South Florida Water Management District v. Miccosukee Tribe of Indians: Leaving the Scope of Regulation Under the Clean Water Act in "Murky Waters"

In an 8-to-1 decision authored by Justice Sandra Day O'Connor, the U.S. Supreme Court reversed the U.S. Court of Appeals for the Eleventh Circuit's decision that the South Florida Water Management District's (District's) operation of a...

A Detailed Look at the Effects of Sackett v. EPA on Administrative Enforcement Orders

On March 21, 2012, the U.S. Supreme Court issued its opinion in Sackett v. U.S. Environmental Protection Agency and settled the question of whether “pre-enforcement” judicial review is available for an administrative compliance...

The Water Marketing Solution

This Article suggests concrete solutions to promote the development of robust water markets. It begins with a review of water transfers in the western United States and historical water use patterns that help illuminate the problem. It...

Preenforcement Judicial Review After Sackett: Implications Beyond the Clean Water Act

On March 21, 2012, the U.S. Supreme Court decided the Clean Water Act (CWA) case Sackett v. Environmental Protection Agency. The Sacketts were private property owners in Idaho who had dredged and filled a portion of their...