Climate Change and the Hegemony of State Water Law

61 Pages Posted: 25 May 2010  

Robert W. Adler

University of Utah - S.J. Quinney College of Law

Date Written: May 25, 2010

Abstract

Available models suggest that climate change (global warming) will cause significantly shifts in the distribution of water resources around the United States, with some areas becoming much wetter and others much drier. Although the federal government has played a more significant role in water law and policy than is often recognized, the traditional view is that state law and policy dominates in the area of water resources allocation and management – the supposed hegemony of state water law. Prevailing U.S. water law and policy will have to adapt to the hydrological changes caused by climate change, and are likely to generate a shift in the relative federal and state roles in water law and policy.

Keywords: Climate change, global warming, adaptation, climate change adaptation, water, water law, federalism, environmental federalism

Suggested Citation

Adler, Robert W., Climate Change and the Hegemony of State Water Law (May 25, 2010). Stanford Environmental Law Journal, Vol. 29, No. 1, 2010. Available at SSRN: https://ssrn.com/abstract=1615723

Robert W. Adler (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

332 S. 1400 East Room 101
Salt Lake City, UT 84112-0730
United States

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