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Water (generally)

Center for Environmental Law & Policy v. Washington Department of Ecology

A state appellate court held invalid the Department of Ecology's administrative rule establishing summer minimum instream flows for the lower reach of the Spokane River. Environmental groups challenged the validity of the rule, arguing...

Clark Fork Coalition v. Montana Department of Natural Resources and Conservation

A state court reversed the Montana Department of Natural Resources and Conservation's approval of a water use permit for a proposed silver-copper mine in Montana's Cabinet Mountains. An environmental group argued that the Department...

Butler v. Louisiana Department of Natural Resources

A state appellate court reversed a judgment against a coastal use permit issued by Louisiana's Department of Natural Resources for construction of an oil pipeline. The Department argued that the lower court erred in not deferring to the...

The Judicial Contribution to Water Justice: The Australian Experience

The Brasilia Declaration of Judges on Water Justice, adopted at the eighth World Water Forum in Brasilia on March 21, 2018, recognizes that water justice involves environmental stewardship, intergenerational equity, sustainable...

Illegal Water Use, Marijuana, and California’s Environment.

The illicit and illegal use of water to grow marijuana is an environmental problem that has plagued the recently legalized crop for decades. Because growing marijuana has consistently been a more visible crime than theft and diversion...

Florida v. Georgia

The U.S. Supreme Court, in an ongoing dispute between Florida and Georgia over the apportionment of the Apalachicola-Chattahoochee-Flint River Basin's waters, remanded a Special Master's recommendation that Florida's request for a cap...

Gunderson v. State: The Indiana Supreme Court Strengthens the Public Trust Doctrine’s Potential for Conservation in the Great Lakes

The Indiana Supreme Court recently delivered a landmark public trust decision, Gunderson v. State, ruling that the state acquired and still owns Indiana’s bed of Lake Michigan below the ordinary high water mark, including...

Texas v. New Mexico

The U.S. Supreme Court held that the United States may pursue claims against New Mexico for violating the Rio Grande Compact, which Colorado, New Mexico, and Texas entered into in the 1930s to resolve disputes over water rights. Texas...

Environmental Rule of Law and the Critical Role of Courts in Achieving Sustainability in Water Resources (Introduction to Judges’ Reflections for the 8th World Water Forum)

This year’s 8th World Water Forum in Brazil—the largest gathering on this subject, held every three years—will for the first time bring judges and prosecutors together with policymakers from around the world to discuss the precarious...

Water Justice: The Case of Brazil

The main proposition of this Comment, which focuses on the Brazilian experience and the jurisprudence of the National High Court of Brazil (STJ), is that we must develop a water justice system. To some extent, this would be a novel...

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