Published by the National Association of Clean Water Agencies (NACWA), Navigating Litigation Floodwaters provides an overview of legal issues associated with user-fee funded municipal separate storm sewer systems (MS4s) stormwater programs, as well as a summary of selected legal decisions and pending cases. The report represents how different courts across the nation have addressed the issue of stormwater management, the types of legal analyses that have been used when evaluating MS4 fee programs and the kinds of factors that have been relevant in the courts’ deliberations.
This article addresses floodplain mapping to reflect climate change impacts such as flooding from sea level rise, reviews the legality of use of updated maps for land-use regulations, and cites court cases dealing with flood maps historically.
This Georgetown Law student report highlights the efforts of two communities to strengthen regulations after catastrophic flood events: Cedar Falls, Iowa, and Waveland, Mississippi. These case studies discuss the regulatory reforms the communities implemented and the lessons that can be learned from their experience.
This article examines legal strategies to help state and local governments reconcile these governance challenges when adapting to sea level rise (SLR). In the context of Connecticut state law, this article examines how land use regulations can be used to ensure that coastal development is more resilient to SLR impacts and less harmful to coastal ecosystems.
Sea-level rise will require many new initiatives in land use regulation to adapt to unprecedented climate conditions. Such government actions will prompt regulatory and other takings claims, and also will be shaped by apprehension of such claims.
This article from the Vermont Law Review demonstrates that water law can provide a legal mechanism for climate change adaptation. Specifically, the article agues that within water law, state public trust doctrines can provide legal support for climate change adaptation regimes.
Roughly 1. 2 million U. S. tribal members living on or near reservations are experiencing constraints on their lifestyles and economic activity due to the impacts of climate change. Forest resources are deteriorating due to invasive species, while salmon are threatened by warmer water temperatures. In the United States, the federal government has an obligation to exercise legal authorities to protect tribal lands, resources and rights. Because ecosystems and ecosystem impacts permeate jurisdictions and borders, tribal dependence on the land extends beyond on-reservation resources.
Although an extensive literature concerning the federalism implications of climate change mitigation policy has developed, less has been written about the
This article, from the North Carolina Law Review, addresses limitations of existing regulatory systems to manage the effects of climate change on natural resources in the United States. The Article explores the implications of continuing to rely on conventionally static and fragmented decision making, passive management, and historical preservation when global climatic shifts are widely expected to lead to rapid changes in ecological systems that are unforeseen, novel, and potentially detrimental to ecological diversity and function.
This Article explores ways to think about designing legal instruments and institutions to be resilient and adaptive to climate change impacts – described as "massive, variable, and long-term." The article reviews resilience theory in a framework relevant to lawyers, and explores general design principles for legal systems.