California Rushes In-Keeping Water Instream for Fisheries Without
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California Rushes In-Keeping Water Instream for Fisheries Without
William & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries WithoutisheriesWithout Federal LawPaul Stanton KibelFollow this and additional works at: https://scholarship.law.wm.edu/wmelprÒ* Part of the Aquaculture and Fisheries Commons, Environmental Law Commons, state and Local Government Law Commons, and the Water Resource Management CommonsRepository CitationPaul California Rushes In-Keeping Water Instream for Fisheries Without Stanton Kibel, California Rushes In-Keeping Water Instream for Fisheries Without Federal Law. 42 Wm. & Mary Envtl. L. & Poly Rev. 477 (2018), https:/California Rushes In-Keeping Water Instream for Fisheries Without
/scholarship.lavAwm.edu/wmelpr/ V0I42/ÍSS2/4Copyright c 2018 by the authors. This article is brought to you by the William & Mary Lav/ School ScholarsWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries WithoutIntroductionMany of California’s anadromous and freshwater fisheries are now in sharp decline.1 Salmon and steelhead trout runs throughout the state, as well as the delta smelt, are currently designated as endangered under federal law.2In addition to the biodiversity loss associated with the decline California Rushes In-Keeping Water Instream for Fisheries Without of these fisheries, the collapse of California’s salmon stocks has had severe economic impacts on the state’s commercial fishery sector—from the fishCalifornia Rushes In-Keeping Water Instream for Fisheries Without
ermen who catch the salmon, to those who service salmon fishing boats, to those who ultimately sell salmon to customers in markets and restaurants. AlWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries Withoutplummeted.' As explained by the Golden Gate Salmon Association, an organization that works on behalf of commercial salmon■ BA Colgate University. LL.M. Boalt Hall Law School at the University of California at Berkeley. Professor. Golden Gate University (GGU) School of Law, faculty editor for the ŨGU California Rushes In-Keeping Water Instream for Fisheries Without Environmental Law Journal and director of the GGU Center on Urban Environmental Law (CUEL). Professor Kibel is also natural resources counsel to theCalifornia Rushes In-Keeping Water Instream for Fisheries Without
Water and Power Law Group, and the author of the forthcoming book Understanding Water Rights and Instream Flow Law in California and the W est (CaroliWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries WithoutSchool, the April 13, 2017 Bar Association of San Francisco panel on Coming Changes in Water Law Practice; California Law Advances as Federal Law Recedes, and the October 21. 2017 panel on Cooperative Federalism and Water Resources in the Trump Administration at the annual conference of the State Ba California Rushes In-Keeping Water Instream for Fisheries Withoutr of California's Environmental Law Section. The author thanks Stephanie Smith (GGU Law, JD 2017) for her assistance in research related to the ArticlCalifornia Rushes In-Keeping Water Instream for Fisheries Without
e.' San Luis & Delta-Medota Water Auth. V. Jewell. 747 F.3d 581, 592-96 (9th Cir. 2014); Pac. Coast Fed’n of Fishermen’s Ass’n V. Guitierrez. 606 F. SWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries Withoutta Water Auth; 747 F.3d at 592-96; Pae. Coast Fed’n of Fisher-> .1.606 F Supp. 2d at 1127-28; Nat. Res. Def. Council. 506 F. Supp. 2d at 328-31.3 Mike Hudson. Hudson Fish Company. Remarks at the California Water Law Symposium at the University of San Francisco School of Law (Jan. 21.2017) (notes on California Rushes In-Keeping Water Instream for Fisheries Withoutfile with author). ' Id.477478WM. & Mary ENVTL. L. & POL’Y REV. |Vol. 42:477fishermen in Northern California. “For many of US. salmon provides the incCalifornia Rushes In-Keeping Water Instream for Fisheries Without
ome we use to keep a roof over our family's head.””In recent decades, commercial fishermen. Native American tribes, and other fishery conservation staWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries Withouthe results of the November 2016 federal election, with a Republican controlled Congress and a new President that, has pledged to reduce the scope of federal environment al protections, it is foreseeable that these federal laws and federal agencies may play a more limited role in this regard in the n California Rushes In-Keeping Water Instream for Fisheries Withoutear term. Under these circuinstances, commercial fishermen and other stakeholders focused on conserving California’s fisheries may increasingly turn tCalifornia Rushes In-Keeping Water Instream for Fisheries Without
heir attention to state law and state agencies."This shift in focus for fishery stakeholders in California, from the federal law to state law protectiWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries Withoutrs and policy implications of federalism for natural resource regulation. There is a well-developed body of legal scholarship that addresses such federalism questions as the distinction between federal law floors and federal law ceilings in the natural resource regulatory arena, the ways that federa California Rushes In-Keeping Water Instream for Fisheries Withoutl law floors can prevent a race to the bottom in terms of state natural resource standards, and the ways that federal law floors can preserve a placeCalifornia Rushes In-Keeping Water Instream for Fisheries Without
for state law innovation in terms of natural resource management?' More recently, with the election of Donald Trump, there has been legal scholarship William & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries Withouttraints on the scope*Why Be Work for Salmon ?. Golden Gate Salmon Ass’n, http://www.goldengatesalmon .org/why-we-work-for-salmon [https://perma.cc/2BWU-3NVF] (last visited Jan. 21.2018).*Star text acix>iii|i:inyiiix lixilnoh-.s infra 22 77, disCtlKsiiig I’mliTal statute's and case! law relied on 111 California Rushes In-Keeping Water Instream for Fisheries Without keep water instreani for fisheries.' Rachel Zwilhnger. Attorney for Defenders of Wildlife. & Cliff Lee. Attorney with Natural Resource Section of CalCalifornia Rushes In-Keeping Water Instream for Fisheries Without
ifornia Attorney General's Office. Presentations at Bar dissociation I if Sa II Fra Iieisci 11 IU riel I 111 Pornin/Ị Changes jin W'iilrw hnii PrurticWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for Fi California Rushes In-Keeping Water Instream for Fisheries Withoutzbee. Asymmetrical Regulation: Risk. Preemption, and the Floor/Ceiling Distinction, Emory U.Sch.oeUPiik. Ỉ..&Lkgai.Thmiry Res. Paper Sr.RiKK (Res. Paper No. 07-9.2007): Knsten 11. Engel. Harnessing the benefits of Dynam ic Federalism in Environmental ỈMU), 56 Emory L. J. 159 (2006): Jen line M. Orga California Rushes In-Keeping Water Instream for Fisheries Withoutn, Limitation on State Agency Authority to Adopt Environmental Standards More Stringent than Federal Standards: Policy Considerations and InterpretiveCalifornia Rushes In-Keeping Water Instream for Fisheries Without
Problems, 54 Ml). I.. Rkv. 1373(1995).2018)California Rushes In479William & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for FiWilliam & Mary Environmental Law and Policy ReviewVolume 42 (2017'2018)Article 4Issue 2Anicle 443132California Rushes In-Keeping Water Instream for FiGọi ngay
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