Justice Kennedy and ecosystem services: a functional approach to Clean Water Act jurisdiction after Rapanos.
I. INTRODUCTION II. ECOSYSTEM SERVICES AND THE PRESERVATION OF AQUATIC ECOSYSTEMS UNDER THE CLEAN WATER ACT A. Ecosystem Services in General B. Ecosystem Services from Aquatic Ecosystems and Wetlands C. The Need for an Ecosystem Services Rhetoric III. CLEAN WATER ACT JURISDICTION, OLD AND NEW A. Statutory Provisions B....

Consulting Engineers Listings.
* George Aull, Ph.D., P.E. Engineering Resources Corp. P.O. Box 910 Orangeburg, SC 29116, USA 803-536-6808 fax:803-531-3262 www.ercorp.net Consultation, evaluation, planning, permitting, and design of agricultural water, waste, and wastewater systems. Investigation and development of...

Does it hold water? Repudiating the "singular entity" or "unitary waters" approach to the Clean Water Act.
I. INTRODUCTION In South Florida Water Management District v. Miccosukee Tribe of Indians, the United States Supreme Court was presented with a novel and untested argument by the United States, appearing as amicus curiae, which asserted the bold proposition that for the purpose of the...

Do water contamination reports influence water use practices on feedlot farms and rural households in Southern Alberta?
Abstract: This article explores the extent to which water contamination reports influence water use practices of feedlot operators and their households in southern Alberta. An in-person survey was conducted with 33 feedlot farm families living in the Lethbridge Northern Irrigation District. The analyses reveal that there are variations in...

The failure of EPA's water quality reforms: from environment-enhancing competition to uniformity and polluter profits.
Since 1970, pollution control in the United States has centered on national level regulatory approaches built on federal command-and-control regimes. Enacted in reaction to well-publicized "failures" of markets, common law, and state and local regulation such as the "killer smogs" of the 1950s and 1960s (1) and the "burning"...

Thou shall not covet thy neighbor's water: a look at the journey both Texas and the Middle East must embark upon to solve the kinks in their water regulation.
I. INTRODUCTION II. BACKGROUND A. Texas Background 1. Original Adoption 2. From Tort Doctrine to Vested Property Right 3. Defining Absolute Ownership 4. Now Enter Senate Bill 1 5. Present Day Ownership 6. Persistence of the Rule of Capture B. Middle East Background 1. Setting the Stage for Conflict...

To clear the muddy waters: tribal regulatory authority under section 518 of the Clean Water Act.
I. INTRODUCTION May 1998. It is spring and the children have come to the river; one thousand fourth-, fifth-, and sixth-grade reservation school students have thrown down their books to gather on the banks of the Flathead River in western Montana to see, smell, touch, and celebrate....

Restoring the Rio Grande: a case study in environmental federalism.
I. INTRODUCTION Watershed management(1) has been endorsed by academics and policy makers as a preferable alternative to top down decision making. A recent article succinctly captured the tenets of this paradigm: Many commentators have agreed that unless overriding national interests dictate otherwise, watershed...

Searching for the definition of "discharge": Section 401 of the Clean Water Act.
I. INTRODUCTION On September 27, 1996, Judge Ancer Haggerty of the U.S. District Court for the District of Oregon handed down an opinion that has since caused controversy and debate among the environmentalists, ranchers, loggers, government agencies, and citizens who are affected by its far-reaching holding. In Oregon...

Case summaries.
I. ENVIRONMENTAL QUALITY A. Hazardous Waste 1. A & W Smelter & Refiners, Inc. v. Clinton, 1246 F.3d 1107 (9th Cir. 1998). A & W Smelter (A & W) possessed an ore pile at its processing facility in the Mojave Desert. The ore...