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Water

Ideker Farms, Inc. v. United States

In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the...

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...

The Conflict Over the River Atuel in Argentina

In a historic ruling that began to shape the solution to a conflict that has been going on for more than 70 years, the Supreme Court of Argentina ordered in 2017 that the province of Mendoza, together with the province of La Pampa,...

Is Integrated Water Management on Track in the European Union?

Although major progress has been made in water management compared with the sometimes dramatic situation in the 1960s and 1970s, much has still to be done to achieve the ambitious objectives of European Union (EU) water law. Climate...

Recent Developments in Environmental Jurisprudence Affecting Water in Africa

This Comment is a compendium of select recent cases pertaining to water in Africa, and details how these cases have contributed to the interpretation of the legal framework within which water is utilized and protected as a “common good...

Climate Change and the Judge as Water Trustee

Humanity’s quest to achieve orderly mitigation of and adaptation to climate change is dependent upon the just application of the environmental rule of law—the legal framework that protects and sustains the environment on which life...

In re Border Infrastructure Environmental Litigation

A district court upheld the U.S. Department of Homeland Security's (DHS') decision to waive the legal requirements of NEPA, ESA, and CZMA for two border wall construction projects in San Diego, California. DHS made its waiver...

Montana v. Wyoming

The U.S. Supreme Court, in an unsigned judgment and decree, ordered Wyoming to pay Montana $20,340 in damages, plus $67,270.87 in costs, for reducing the amount of water available in the Tongue River in violation of the Yellowstone...