Author Archive for David Strifling

Water: 2016 Retrospective (and Issues to Watch in 2017)

Monday, January 16th, 2017
Category: Environmental Law, Public, Water Law | 1 Comment »

At this time of year it seems appropriate to both examine the year just ended and look forward to the one to come.[1] 2016 brought numerous developments in the water ... Read more »

Pathways to Future Environmental Legislation

Wednesday, January 11th, 2017
Category: Environmental Law, Public, Water Law | No Comments »

Over the past quarter century, repeated congressional failures to enact any significant piece of environmental legislation led observers to describe such efforts as “gridlocked,” “deadlock[ed],” “dysfunction[al],” “broken,” the subject of ... Read more »

Marquette Law School Poll Reveals Public Perceptions Of Water-Related Issues

Friday, September 16th, 2016
Category: Environmental Law, Marquette Law School Poll, Public, Water Law | No Comments »

Public perceptions of environmental risk have long been controversial when used as a tool to help set public policy.  Many scholars have argued that there is a fundamental “mismatch”[1] between ... Read more »

Public Policy and American Drinking Water

Thursday, July 14th, 2016
Category: Environmental Law, Public, Water Law | No Comments »

On September 7, 2016, amid great concern about the future of water quality and quantity, Marquette Law School will host a conference titled “Public Policy and American Drinking Water.”  The ... Read more »

Waukesha Diversion Approved; Focus Shifts to Potential Legal Challenges

Thursday, June 23rd, 2016
Category: Environmental Law, Public, Water Law | No Comments »

This week the City of Waukesha celebrates the success of an impressive technical effort 13 years in the making.  After inserting some final conditions, the Great Lakes Compact Council unanimously ... Read more »

Justice Kennedy Criticizes “Notoriously Unclear” and “Ominous” Scope of the Clean Water Act

Friday, June 3rd, 2016
Category: Environmental Law, Public, Water Law | 1 Comment »

The Clean Water Act requires regulatory agencies to make difficult choices about exactly where “water ends and land begins.”[1]  Whether a particular property contains “waters of the United States,” the ... Read more »

Waukesha Diversion Application Inches Closer To Conditional Approval, But State Law Questions Remain

Thursday, April 28th, 2016
Category: Environmental Law, Public, Water Law | No Comments »

Waukesha Mayor Shawn Reilly and Racine Mayor John Dickert visited Marquette Law School on February 4 for a wide-ranging conversation about Waukesha’s application to divert water from Lake Michigan pursuant ... Read more »

Drone Law 101

Thursday, April 14th, 2016
Category: Environmental Law, Public | No Comments »

The Federal Aviation Administration (FAA) estimates that almost 2.5 million unmanned aerial systems, more commonly known as drones, will be purchased in 2016, and that annual sales will reach almost ... Read more »

A Rejuvenated Navigational Servitude?

Wednesday, March 16th, 2016
Category: Environmental Law, Public, Water Law | No Comments »

As a general rule, within its borders each individual state holds title to the beds of water bodies that were navigable at the time of its statehood, and has jurisdiction ... Read more »

Waukesha and Racine Mayors Stake Out Opposing Positions on Water Diversion Application

Thursday, February 4th, 2016
Category: Environmental Law, Public, Speakers at Marquette, Water Law | 6 Comments »

Does Waukesha’s application to divert water from Lake Michigan represent the only reasonable option to provide its residents with clean, safe, and sustainable drinking water, or will it cause adverse ... Read more »

Doing away with deference?

Thursday, January 28th, 2016
Category: Environmental Law, Public, Water Law, Wisconsin Law & Legal System | 3 Comments »

Legislative bodies often delegate significant authority to administrative agencies.  In the course of its work, an agency must reach legal conclusions about how to interpret and apply a statute it ... Read more »

Is Wisconsin’s public trust doctrine eroding?

Thursday, January 7th, 2016
Category: Environmental Law, Public, Water Law | No Comments »

Environmental law is of relatively recent vintage.  Most of its significant principles date from the 1960s or later, with a few notable exceptions.  The latter category includes the public trust ... Read more »