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.
Drones and Environmental Monitoring
Aerial drones are emerging as an effective tool for environmental monitoring and enforcement because of their ability to reach areas that would be otherwise inaccessible or cost-prohibitive. However, the regulatory framework has not developed as fast as the technology, raising concerns. As EPA and other agencies consider using drones to monitor industrial sites and farmland, many landowners claim it would be an invasion of privacy. Using drones for inspections also raises legal questions about information obtained from drone flyovers and the associated evidentiary requirements.
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.
Federal Oversight Vs. State Discretion: EPA's Authority to Reject State Permitting Authorities' BACT Determinations Under the CAA's Prevention of Significant Deterioration Program: <i>Alaska Department of Environmental Conservation v. EPA</i>
In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5) and 167 of the Clean Air Act (CAA or Act), prohibiting construction of a new power generator unit at a mine in Northwest Alaska.
Dangerous Waters? The Future of Irreparable Harm Under NEPA After <i>Winter v. NRDC</i>
Editors' Summary
To the Ends of the Earth: Where Does Navigable Water Begin Under <i>SWANCC</i>?
I. Introduction and Overview