Document Type

Article

Publication Date

2013

Keywords

Natural Resource Law, Environmental Law, Water Law, Coastal Resource, Dormant Commerce Clause, Negative Commerce Clause, Commerce Clause, Federalism, State Power, Constitutional Law, In-Stream Flows, Water Markets, Water Export, Water Sale, Eastern Water Law, Wetlands, Coastal Restoration, Louisiana Law, Interstate Compacts, Water Compacts

Comments

This article was selected for the Professional Scholarship Award by the American Agricultural Law Association Awards Committee.

Abstract

Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the confines of the Dormant Commerce Clause.

Publication Citation

73 Louisiana Law Review 175 (2013).

Disciplines

Environmental Law | Natural Resources Law | Water Law

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