The Impact of Climate Change on American and Canadian Indigenous Peoples and Their Water Resources
Access to water is a fundamental climate change issue in North America and internationally. It is related to significant political, social, and ecological struggles that indigenous peoples face, and governments and courts so far have done little to address these inequities.
At the Confluence of the Clean Water Act and Prior Appropriation: The Challenge and Ways Forward
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 inherently objectionable. To the contrary, it likely is necessary. Yet, the degree of compartmentalization appears to have so divided management of this resource that damage has been done to both sides. Opportunities exist for cooperation, coordination, and a more holistic perspective on water management with little or even no change in law.
Confusion About "Change in Value" and "Return on Equity" Approaches to the <i>Penn Central</i> Test in Temporary Takings
Editors' Summary: In this Article, William W. Wade evaluates the conceptual measurement of economic impact within the Penn Central test for income-producing properties recently adjudicated in the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit. The discussion considers measurement of the denominator of the takings fraction related to Penn Central's parcel as a whole and whether it differs between permanent and temporary takings.