Great Lakes Law

Is groundwater marketing legal?

When Texas oil tycoon T. Boone Pickens proposed a massive scheme to acquire, market, and sell Texas groundwater, many water wonks began questioning if groundwater marketing is legal. (For the latest on the Pickens water scheme and its legal issues, see Dr. Michael Campana’s WaterWired blog.) Regardless of the merits of Pickens’ proposal, it raises the fundamental question of whether groundwater marketing is legal under the diverse state laws that apply to groundwater rights. I... Read more →

Supreme Court denies motion to take up Asian carp case

The Supreme Court’s order in the Asian carp case this morning says it all: “The motion of Michigan to reopen [Wisconsin v. Illinois] and for a supplemental decree is denied. The alternative motion for leave to file a bill of complaint is denied.” This effectively ends any hope for Michigan and the other Great Lakes states to get the Asian carp case before the Supreme Court. The Supreme’s Court denial is disappointing but not surprising,... Read more →

It’s time to acknowledge the federal government’s role in the introduction and spread of Asian Carp

Next week, the U.S. Supreme Court will consider Michigan’s motion to reopen the Wisconsin v. Illinois consent decree (now supported by every other Great Lakes state except Illinois) in response to the threat of Asian carp invading Lake Michigan and the Great Lakes ecosystem through the Chicago canal system. The federal government has sided with Illinois and the Metropolitan Water Reclamation District of Greater Chicago in opposing Michigan and the other Great Lakes states. In... Read more →