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…

Offshore areas are under pressure to industrialize for renewable energy. To plan for offshore wind development, Rhode Island engaged in a marine spatial planning process that resulted in the Ocean…

Editors' Summary

The debate between Justices Scalia and Breyer during oral argument in Winter v. NRDC examines whether an NEPA violation constitutes irreparable harm for the…

Editors' Summary: Since the Supreme Court's decision in Rapanos v. United States, courts, practitioners, and scholars have continued to discuss Justice Anthony M. Kennedy's significant nexus test…

Editors' Summary: On February 28, 2005, the U.S. Court of Appeals for the Second Circuit vacated and remanded portions of EPA's concentrated animal feeding operations (CAFO) rule. The ruling was…

I. Introduction and Overview

Traveling by water can conjure images of everything from goliath cruise ships to Huckleberry Finn's homemade raft. For some federal courts,…

Under the public welfare doctrine, certain regulatory crimes require no showing of the traditional mens rea, or "guilty mind," as a predicate to criminal liability. The doctrine has been used to…

This Article investigates the murky regulatory world of stormwater pollution. Nonpoint source pollution has been described as the most significant water quality problem facing the United States.…

In the wake of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), courts have scrambled to reevaluate the scope and…

Few commentators doubt the value of clean, unadulterated waters teeming with varied and colorful aquatic life. The debate centers instead on more pragmatic concerns, that is, how to best…