Environmental Law

A journal investigating issues of environment law and policy on a local, national and international level.

Articles from Vol. 42, No. 1, Winter

A Federal Act to Promote Integrated Water Management: Is the CZMA a Useful Model?
I. INTRODUCTION II. FRAGMENTATION AND INTEGRATION A. The Problem of Fragmentation B. State Efforts to Promote Integration III. THE CZMA AS A POTENTIAL MODEL A. The History and Provisions of the CZMA B. Should the National Government...
Against the Current: Four Decades in Water Law and Policy
I was born within a couple hundred yards of the Missouri River in Fort Benton, Montana. I grew up a couple hundred miles upstream on Sourdough Creek, which flows into the East Gallatin River, and then into the Gallatin River which joins the Madison...
Defining Riparian Rights as "Property" through Takings Litigation: Is There a Property Right to Environmental Quality?
I. INTRODUCTION II. TAKINGS BASICS A. Categories of Unconstitutional Takings B. Takings Claims and Rights to Use Real Property C. Overview of Takings Claims in the Context of Water Rights 1. Supreme Court Cases on Takings...
Driving Local Governments to Watershed Governance
I. INTRODUCTION II. NATURAL CAPITAL IN WATERSHEDS AND THE RELEVANCE OF LOCAL VALUE III. LOCAL GOVERNMENT AS A PLACE FOR PRIORITIZATION AND THE IMPORTANCE OF LOCAL WATERSHED GOVERNANCE IV. USING INFORMATION ON WATERSHED SERVICES AS THE DRIVER...
Going with the Flow: A Water Law Journey
During all the years I taught water law, I always began the first class with a quick story about how I came to be teaching water law, and I'm going to tell that story again now. I apologize for repeating myself to the many former students in the room,...
James L. Huffman Scholarship
Global Warming Lawsuit Twists Concept of Public Trust, MISSOULIAN, May 31, 2011, http://missoulian.com/news/opinion/columnists/global-warming-lawsuit- twists-concept-of-publictrust/article_d6e36d36-8b93-11e0-9357- 00lce4e002e0.html Protecting Species...
Janet C. Neuman Scholarship
OREGON WATER LAW: A COMPREHENSIVE TREATISE ON THE LAW OF WATER AND WATER RIGHTS IN OREGON (2011) Oregon, in 4 WATERS AND WATER RIGHTS (Robert E. Beck and Amy L. Kelley, eds., 3d ed. 2010) Seeking a Shared Understanding of the Human Right to Water:...
Legal Convergence of East and West in Contemporary American Water Law
Before setting out on this Article, I would like to take this opportunity to express my sense of privilege in being able to write in the company of so many scholars and friends in tribute to the many contributions of Janet Neuman and James Huffman...
Oregon's Public Trust Doctrine: Public Rights in Waters, Wildlife, and Beaches
I. INTRODUCTION II. THE 2005 ATTORNEY GENERAL OPINION III. PUBLIC WATER USE RIGHTS UNDER THE OREGON PTD A. Public Rights of Navigation, Fishing, and Commerce B. Public Recreational Rights IV. PUBLIC RIGHTS IN WATER, WILDLIFE, BEACHES, AND...
Public Funding Programs for Environmental Water Acquisitions: Origins, Purposes, and Revenue Sources
I. INTRODUCTION II. SUMMARIZING THE RATIONALE FOR ENVIRONMENTAL WATER ACQUISITIONS AND PUBLIC FUNDING A. Why Environmental Water Acquisitions? B. Why Public Funding? C. Some Crucial Caveats on the Role of Water Acquisitions III....
Resilience and Law as a Theoretical Backdrop for Natural Resource Management: Flood Management in the Columbia River Basin
The 1964 Columbia River Treaty entered by the United States and Canada for mutual benefits in flood control and hydropower generation is under review in anticipation of expiration of certain flood control provisions in 2024. This Article asserts that...
The Legacy of Schodde V. Twin Falls Land and Water Company: The Evolving Reasonable Appropriation Principle
I. INTRODUCTION: THREE SCHODDE STORIES II. THE SUPREME COURT CASE: ORIGINS AND OPINION A. Irrigation on the Hardscrabble Snake River Plain B. A Feisty Settler Challenges the Reclamation Dream A Triple Play: A Loss at Every Judicial...
The Water Law Scholarship of Jim Huffman and Janet Neuman: Prologue to the Festschrift
Jim Huffman and Janet Neuman have both been prolific water law scholars for many years. Jim began his water law writings in the 1970s and has assured us that he will not cease in his retirement from teaching. Janet began her scholarship in the 1990s...
Water Rights, Markets, and Changing Ecological Conditions
I. INTRODUCTION II. PROPERTY RIGHTS, MARKETS, AND ENVIRONMENTAL PROTECTION III. WATER RIGHTS AND WATER MARKETS IV. CHANGING ECOLOGICAL CONDITIONS V. WATER MARKETS AND CLIMATE CHANGE VI. CONCLUSION I. INTRODUCTION Conventional environmentalist...
Wilderness, Water, and Climate Change
I. INTRODUCTION II. WILDERNESS, NATURALNESS, AND WATERSHEDS A. Wilderness Characteristics B. Wilderness Management--Naturalness, Wildness, and Public Use III. CLIMATE THREATS TO NATURALNESS AND WILDNESS IV. HUMAN THREATS TO NATURALNESS...