A new posting on the Environmental Law Prof Blog by Robin Craig, Professor of Law at the University of Utah S.J. Quinney College of Law, focuses on a decision by the Texas Court of Appeals confirming that “implementation of the Edward Aquifer Act resulted in a constitutional ‘taking’ of landowners’ property rights in groundwater.”
Regarding the decision, Craig writes, “With this declaration, I submit, the Texas Court of Appeals both has attempted to elevate historical water rights over new ecological realities and created a major legal impediment for any government entity trying to rationally address changing–especially declining–water resources.”
To read Craig’s new posting, click here.
As a result of Craig’s blog posting, she was interviewed by a reporter for Bloomberg BNA, who quoted her extensively in his story “Texas Court Affirms Agency Effected Taking Over Orchards’ Groundwater Permits.”
Click here to read the Bloomberg BNA story.