Great Lakes Law

An educational resource for water law in the Great Lakes region

  • Home
  • About
  • Topics
  • Publications
  • Resources

Supreme Court rejects state’s claim of ownership of groundwater, extends equitable apportionment doctrine to disputed Memphis aquifer

The U.S. Supreme Court has rejected Mississippi’s claims of state ownership of groundwater within its territorial boundaries. Mississippi v. Tennessee, 595 U.S. 15 (2021). Chief Justice Roberts authored a unanimous opinion for the Court. The Court rejected state ownership of groundwater and instead, as a matter of first impression, extended the equitable apportionment doctrine for flowing waters and resources to the disputed Memphis aquifer. Over two decades of litigation in federal courts, Mississippi has pressed... Read more →

Posted in Canada and Transboundary Waters, Public Trust, Water Law Reform | Permalink

Voters Approve Lake Erie Bill of Rights, Polluters Challenge it in Court

On February 26, 2019, voters in Toledo, Ohio overwhelmingly passed the Lake Erie Bill of Rights, fully stated- ESTABLISHING A BILL OF RIGHTS FOR LAKE ERIE, WHICH PROHIBITS ACTIVITIES AND PROJECTS THAT WOULD VIOLATE THE BILL OF RIGHTS We the people of the City of Toledo declare that Lake Erie and the Lake Erie watershed comprise an ecosystem upon which millions of people and countless species depend for health, drinking water and survival. We further... Read more →

Posted in Canada and Transboundary Waters, Environmental Justice, Environmental Rights, Politics, Public Trust, Water Law Reform | Permalink

Indiana Supreme Court protects the public trust in Great Lakes shorelines – property owners petition U.S. Supreme Court for certiorari

The following guest post is by Jeffrey B. Hyman, Senior Staff Attorney with the Conservation Law Center in Bloomington, Indiana. Jeff is counsel for respondent/intervenors Alliance for the Great Lakes and Save the Dunes in the Gunderson v. State of Indiana litigation. Early this year the Indiana Supreme Court delivered a landmark public trust and equal footing decision in Gunderson v. State of Indiana. The Indiana Supreme Court ruled that at statehood, under these doctrines,... Read more →

Posted in Public Trust, Water Law Reform | Permalink

Supreme Court considers federal interests and powers in interstate water cases

The US Supreme Court issued a pair of opinions this term dealing with the role of the federal government in ongoing interstate water disputes: (1) Texas v. New Mexico and Colorado; and (2) Florida v. Georgia. The cases are before the Court under “original jurisdiction” - they are being heard on first impression rather than on appeal (although they have been reviewed and reported on by appointed Special Masters). Substantively, both cases involve disputes between... Read more →

Posted in Canada and Transboundary Waters, Water Law Reform | Permalink

New Second Edition of Modern Water Law – comprehensive text now includes human right to water

Our new Second Edition of Modern Water Law: Private Property, Public Rights, and Environmental Protections has been published by Foundation Press and is available on Amazon. Co-authored again with Robert Adler, the Jefferson B. and Rita E. Fordham Presidential Dean, and Robin Kundis Craig, the James I. Farr Presidential Endowed Chair of Law, both at the University of Utah College of Law. Modern Water Law provides a comprehensive text to study the range of legal... Read more →

Posted in Environmental Rights, Students, Water Law Reform | Permalink

"Water Law" - new book explores private rights and public interests in freshwater

I have a new book out this year – it’s about water law and aptly named “Water Law.” Water Law: Concepts and Insights (full title) is another collaboration with Robin Kundis Craig, the James I. Farr Presidential Endowed Chair of Law, and Robert Adler, the Jefferson B. and Rita E. Fordham Presidential Dean, both at the University of Utah College of Law. (The cover photo of the Detroit River was taken from Belle Isle State... Read more →

Posted in Students, Water Law Reform | Permalink

Standing on the public trust doctrine

The standing doctrine is one of Justice Scalia’s legacies and has become a powerful tool for keeping environmental citizen suits out of court. A recent federal district court decision in Chicago recognizes the public trust doctrine as a basis for granting citizens standing to sue to protect certain natural resources. The following guest post by Austin Probst gives a brief update on this decision. Austin is a Wayne Law student (JD expected ‘17), member of... Read more →

Posted in Students, Water Law Reform | Permalink

Indiana court recognizes public right to walk and sunbathe on Lake Michigan shore – guest post by Alexis Andiman

The following guest post on the public trust doctrine in Indiana is by Alexis Andiman, Graduate Fellow Attorney with the Conservation Law Center in Bloomington, Indiana. Before joining the Conservation Law Center, Alexis was a fellow with the Center for Biological Diversity in San Francisco, California. She received her J.D. with honors and a Certificate in Environmental and Natural Resources Law from Lewis & Clark Law School in 2013. Alexis can be contacted at [email protected].... Read more →

Posted in Water Law Reform | Permalink

Law and Governance of the Great Lakes

Along with my friend and colleague Ben Houston, I’ve published a new article entitled simply “Law and Governance of the Great Lakes.” The article appears in the DePaul Law Review’s special symposium issue on the Great Lakes, 63 DePaul Law Review 723 (2014). It aims to explain the law and governance of the Great Lakes within the United States (apologies to Canada, that’s a subject for another time). While discussing the key laws and policies,... Read more →

Posted in Canada and Transboundary Waters, Clean Water Act and Water Quality, Great Lakes Compact, Water Law Reform | Permalink

A critical look at Michigan’s coastal sand dune law

Coastal sand dunes are one of Michigan’s most treasured resources. In 1994, the state enacted legislation regulating land use on sand dunes. The legislature intended to balance competing public and private interests over the resource. The Sand Dune Protection and Management Act (SDPMA) was extensively amended in August 2012. As amended, local governments have a significantly diminished role in determining land use on sand dunes within their borders. Suzanne Sutherland is an attorney with Hilger... Read more →

Posted in Great Lakes Restoration, Students, Water Law Reform | Permalink

More Posts »
GreatLakessmall

Categories

  • Canada and Transboundary Waters (31)
  • Clean Water Act and Water Quality (35)
  • Climate Change (24)
  • Detroit (10)
  • Energy (24)
  • Environmental Justice (23)
  • Environmental Rights (8)
  • Flint Water Crisis (15)
  • Great Lakes Compact (18)
  • Great Lakes Restoration (10)
  • Invasive Species (23)
  • Politics (6)
  • Public Trust (3)
  • Safe Drinking Water Act (1)
  • Students (22)
  • Transportation and Transit (6)
  • Water and Economic Development (7)
  • Water Law Reform (36)
  • Water Marketing (10)
  • Wetlands (6)
See More

Resources

  • About Great Lakes Law
  • Climate Change Litigation Databases
  • Flint Water Crisis Litigation
  • Great Lakes Environmental Law Center
  • Law and the Environment - Insights from the East Coast
  • Legal Planet - Insights from the West Coast
  • Michigan Environmental Law Deskbook
  • Publications by Noah Hall
  • Wayne Law Faculty Page
  • Wayne State University Library Great Lakes Water Law Research Guide

Search Great Lakes Law with Google

  • Google

    WWW
    greatlakeslaw.org