Author: Gregory S. Weber,Jennifer L. Harder,Bennett L. Bearden
This new edition begins by covering the long-established systems of private water rights (the appropriation doctrine and the riparian doctrine for surface waters and the various doctrines for groundwaters). Then it covers public rights, water quality regulation, and other environmental regulation primarily from the perspective of how these affect private water rights. The book also addresses interstate allocation and federal-state relations. There is one new principal case and many new notes. The notes in all the chapters have been updated.
Cases and Materials on Water Pollution Control
Author: Jeffrey G. Miller,Ann Powers,Nancy Long Elder
Publisher: Environmental Law Institute
The study of water pollution control regulation is a study of statutes and their administration. This casebook explores water pollution and the federal statute chiefly designed to control it, the Clean Water Act, and examines how water pollution is addressed, first by the common law and then by statute. An introduction provides the student with an understanding of what constitutes water pollution, where it originates, and how it can be controlled. These materials were originally designed for the introductory course in environmental regulation/environmental law at Pace Law School. A Teachers Manual includes exercises that teach students advanced legal research, familiarity with administrative law mechanisms, and the ability to integrate what they have learned about the Clean Water Act.________________________________________
Author: Daniel A. Farber,Jody Freeman,Ann E. Carlson
Publisher: West Academic
The Eighth Edition provides up-to-date treatment of climate change issues. This classic casebook provides students with a thorough understanding of all major federal environmental regulatory schemes as well as insight into current policy controversies. Particular attention is given to the proper role of cost-benefit analysis, the appropriate judicial role in reviewing agency decisions, and the impact of constitutional decisions relating to federalism, standing, and takings. It also covers the latest Supreme Court cases on subjects from Superfund to water pollution, as well as the major regulatory changes in the first year of the Obama Administration.
Cases and Materials
Author: Joseph L. Sax
Publisher: West Academic
Legal Control of Water Resources highlights the cutting edge issues of water law, while providing a comprehensive survey of the field. The book has been thoroughly updated major water marketing developments. There is extended coverage of ongoing efforts to settle Indian water rights claims. Finally, the new edition will include revised introductory materials on topics such as climate change and desalination developments. to reflect major new court decisions and legislation. The Fourth Edition deals with cutting-edge issues such as interstate water disputes on the Great Lakes, the Rio Grande, and in the Southeastern United States. New material has been added on water and urban growth management, environment/property rights conflicts, and
Author: John W. Johnson
Publisher: CRC Press
A Vital Explanation of Water Law and Policy Because demand for and access to quality water far exceeds the current supply, it is increasingly critical to understand the state and federal laws and policies that govern water rights. From farming, fishing, and biology to manufacturing, mine operation, and public water supply, water regulation affects all strata of society. Determining U.S. Water Rights: Different Systems for Different Needs United States Water Law: An Introduction is a concise overview of law and policy related to U.S. water rights and regulation of water quantity and quality. This wide-ranging book reviews the two major systems used to determine rights in the western and eastern states. It explores these different systems, which are based on the divergent factors affecting the two regions – the immense amount of government-owned property and arid conditions in the west, and ownership of riparian land in the east. The author also covers western states that adhere to the "hybrid" system, which recognizes early riparian rights predating adoption of later appropriation systems, and he explains that most states recognize at least some riparian rights to the use of surface water. Special sections detail regulatory considerations such as Native American rights, environmental regulation, nuisance and tort law, and social theory. Tools to Aid Further Research To elucidate basic principles and differences in water law, this book contains Internet links to state water codes and contact information for regulatory agencies that handle applications. It presents key federal case law and statutes and other features to reinforce the material. For law practitioners and environmentalists to property/business owners acquiring or retaining water rights, this is the ideal primer on water law, with numerous tools to aid in further research.
Author: Betty Eakle Dobkins
Publisher: University of Texas Press
The Spanish element in Texas water law is a matter of utmost importance to many landholders whose livelihood is dependent on securing water for irrigation and to many communities particularly concerned about water supply. Titles to some 280,000 acres of Texas land originated in grants made by the Crown of Spain or by the Republic of Mexico. For these lands, the prevailing law, even today, is the Hispanic American civil law. Thus the question of determining just what water rights were granted by the Spanish Crown in disposing of lands in Texas is more than a matter of historical interest. It is a subject of great practical importance. Spanish law enters directly into the question of these lands, but its influence is by no means confined to them. Texas water law in general traces its roots primarily to the Spanish law, not to the English common law doctrine of riparian rights or to the Western doctrine of prior appropriation (both of which were, however, eventually incorporated in Texas law). A clear understanding of this background might have saved the state much of the current confusion and chaos regarding its water law. Dobkins’s book offers an intensive and unusually readable study of the subject. The author has traced water law from its origin in the ancient world to the mid-twentieth century, interpreting the effect of water on the counties concerned, setting forth in detail the development of water law in Spain, and explaining its subsequent adoption in Texas. Copious notes and a complete bibliography make the work especially valuable. The idea for this book came in the midst of the great seven-year drought in Texas, from 1950 to 1957. The author gave two reasons for her study: “One was my belief that the water problems, crucial to all Texas, can be solved only when Texans become conscious of their imperative needs and only if they become informed and aroused enough to act. “The second reason came from a realization that water—common, universal, and ordinary as it is—had been overlooked by the historian. It is high time that this oversight be corrected. In American history the significance of land, especially in terms of the frontier, has been spelled out in large letters. The importance of water has been recognized by few.”
Author: David J. Wishart
Publisher: U of Nebraska Press
"Wishart and the staff of the Center for Great Plains Studies have compiled a wide-ranging (pun intended) encyclopedia of this important region. Their objective was to 'give definition to a region that has traditionally been poorly defined,' and they have
Author: Louis B. Sohn †,John Noyes,Erik Franckx,Kristen Juras
Publisher: Martinus Nijhoff Publishers
This second edition of Cases and Materials on the Law of the Sea compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics.
Author: Andrew S. Burrows,Ewan McKendrick,James Edelman
Publisher: Oxford University Press, USA
Cases and Materials on the Law of Restitution is an authoritative and scholarly guide written by leading experts who have shaped and defined the law of restitution and unjust enrichment. Extensive coverage of cases and academic perspectives provides a rounded view of the subject. Introductions, notes, and questions enable readers to check their understanding of key issues. The second edition of this seminal title covers many important new cases and academic publications, including Birk's 'absence of basis' approach. The coverage reflects the continuing debates on questions such as: * what is an enrichment? * was the enrichment at the claimant's expense? * what is the role of tracing? * when will proprietary restitution be granted? * when does change of position operate as a defence? * and does corrective justice underpin this area of the law? The book's structure has been updated to reflect the judicial development of the law of restitution, providinga map through this complex subject. This book is invaluable for undergraduate, postgraduate, and doctoral students, as well as academics working in the area.
Cases and Materials
Author: Barton Thompson, Jr.,John Leshy,Robert Abrams,Sandra Zellmer
Publisher: West Academic Publishing
This comprehensive casebook, now in a fully updated sixth edition, spans eastern and western water law and policy issues, focusing on the allocation, use and conservation of groundwater and surface water. The new edition retains its in-depth consideration of water institutions, expands its discussion of federal-state and interstate water relations, and sharpens its coverage of property rights claims and the public trust doctrine. It includes new U.S. Supreme Court cases, along with important recent decisions from other federal and state courts. The role of water law in climate change adaptation is considered throughout.
Author: John Tillotson,Nigel Foster,Visiting Professor of European Law Nigel Foster
First published in 2003. Routledge is an imprint of Taylor & Francis, an informa company.
A Casebook in Law and Public Policy
Author: A. Dan Tarlock,James N. Corbridge,David H. Getches
The revised edition of Charles J. Meyers et al. Water Resource Management, 3rd ed., 1988. This edition places a greater emphasis on statutory systems than in prior editions, and the materials have been bolstered on public interest issues under state and federal laws. New cases have been added and significant new developments are captured by the addition of relevant textual material, notes of recent legislative activity, and scholarly commentary. The earlier editions' national orientation has been broadened, reflecting the fact that water issues are not limited to the West's perceived scarcity. Annotation copyright by Book News, Inc., Portland, OR