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Navigating with an Ocean Liner: The Clean Water Rule, Trump’s Executive Order, and the Future of “Waters of the United States”

Kacy Manahan* Kacy Manahan is the a clinical student at Earthrise Law Center at Lewis & Clark Law School and the 2017-2018 Symposium Editor for Environmental Law. This post is part of the Environmental Law Review Syndicate (ELRS).    I. Introduction The scope of the Clean Water Act’s jurisdiction has been controversial throughout the statute’s

Apr 18, 2017

Funding Adaptation: Financing Resiliency Through Sea Level Derivatives

  Sevren Gourley*            Sevren Gourley is the Editor-in-Chief of the Virginia Environmental Law Journal. This post is part of the Environmental Law Review Syndicate (ELRS).  Coastal municipalities are struggling to address the uncertain future risks created by sea level rise. Conventional models of ex ante protection and ex post relief are both too costly and often

Apr 18, 2017

Bridging the Divide: Incorporating Interflow into Legal Discourse on Surface Water-Groundwater Interactions

Reshmina William* and A. Bryan Endres**  [ download PDF ] Introduction Despite the traditional separation of groundwater and surface water in academic and legal literature, both systems are in fact tightly interconnected. This artificial distinction persists due to the idea that groundwater movement takes place on a much larger timescale than surface water flows.[1] While

Mar 03, 2017

It is Time for Oregon to Define its Public Trust Duties

Olivier Jamin Olivier Jamin is a 2L at Louis & Clark Law School and is the Online Journal Editor of Environmental Law. This post is part of the Environmental Law Review Syndicate. I. Introduction The public trust doctrine (PTD) is a concept under which states have the duty to preserve certain natural and cultural resources