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- Title
Reviving the Mississippi River: Riparianism and Equitable Remedies.
- Authors
Kalogiera-Sackellares, Chiara
- Abstract
Nutrient run-of from mid'western agricultural operations into the Mississippi River has resulted in unconscionable destruction m the river': ecological, economic, and recreational. The sovereign interests of downstream riparian states-particularly Louisiana and Mississippi-in the use and health of their natural resources clash with the economic ambitions of upstream polluters. In response to this well-documented problem, the Mississippi River/Gulf of Mexico Watershed Nutrient Task Force formed in 1997 to readdress eutrophication in the Gulfof Mexico. which is one of the most visible and impactftil mar*stations of nutrient pollution in the world. ABer twenty years, the eflects have greatly worsened and the need to redress the harm immediately is imperative, lest the states resort to more direct. graver action to secure their rights to a usable river. When an individual's actions harm another's property, the injured individual can recover under a number of causes of action. When a state harms another state, the avenue for recourse is less clear but the stakes are much greater. Several pathways to fixing the nutrient pollution in the Mississippi River have been considered, including litigation via the Clean Water Act. a federal common-law nuisance action, and an interstate compact. However, other states encountering water problems have tried these options and failed. Prudence directs consideration of another solution. One such solution, and the fbcus of this Article, is the pursuit of an equitable remedy through the assertion of riparian rights in an original jurisdiction action before the Supirme Court of tile United States. An equitable remedy should take the form of an equitable apportionment decree. Such actions are becoming moi·e fequent (even if asserted under other names). This Article will consider the strengths and weaknesses of bringing an original action be/bre the Supreme Court of the United States for an equitable apportionment decree of the Mississippi River.
- Subjects
MISSISSIPPI River; RIPARIAN restoration; STREAM restoration; WATER pollution prevention; WATER pollution laws; EQUITABLE remedies (Law); CLEAN Water Act of 1972 (U.S.)
- Publication
Tulane Environmental Law Journal, 2021, Vol 34, Issue 1, p61
- ISSN
1047-6857
- Publication type
Article