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The Green Police: Criminal Enforcement in the Era of Climate Change
This Comment is adapted from Chapter 7 in Joshua Ozymy & Melissa Jarrell Ozymy, Toxic Intent: Environmental Harm, Corporate Crime, and the Criminal Enforcement of Federal Environmental Laws in the United States (ELI Press forthcoming 2022).
Diamond Natural Resources Protection & Conservation Ass'n v. Diamond Valley Ranch, LLC
The Nevada Supreme Court held, 4-3, that the state's top water official had authority to approve a groundwater management plan (GMP) that deviated from the doctrine of prior appropriation for the over-appropriated Diamond Valley Hydrologic Basin. Senior rights holders in the basin sought to invalida...
Salisbury, North Carolina v. Federal Energy Regulatory Commission
The D.C. Circuit upheld FERC's approval of a dam operator's flood protection plan for a nearby water pump station in North Carolina. A city petitioned for review of FERC's approval of the plan, a state-imposed condition of its water quality certification under the CWA, which involved raising the pum...