water law

Holmes, Brandeis, and the ‘Great Ponds’ Debate

Some issues are perennial, like property rights v. public rights in water.

I suppose most of you, like me, have never heard of the Watuppa Ponds.  But in 1888, a battle broke out over the legality of their use to supply drinking water for a nearby city.  The issue closely divided Massachusetts’s highest court, and led to a heated debate in the recently launched  Harvard Law Review …

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Weaponizing Water in Kashmir

India’s legal moves on water put Pakistan on edge

A month after India’s move to exert more direct control over Jammu & Kashmir, the Indian state that occupies part of the larger Kashmir region, the country is also now in a position to exert control – in both illegal and legal ways – over important river waters that Pakistan relies upon to sustain people …

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California Members of Congress Seek to Eviscerate State Water & Environmental Laws

H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes

Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month.  And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it …

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In Memoriam: David Getches

We are very sorry to report the death of David Getches, who was the Raphael J. Moses Professor of Natural Resources Law at the University of Colorado School of Law.  His fields were water law, public land law, environmental law, and Indian law.  Professor Getches several books on water law and one on Indiana law. …

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Environmental Property Rights: Part II

The previous post in this series introduced the idea of environmental property rights. There are a surprising number of EPRs.  A complete listing would include at least nine kinds of EPRs:  In addition to the public trust doctrine and tradable permits (which were discussed in the first part of the series), here are seven more: …

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