Western Water Rights and the U.S. Supreme Court - Couverture souple

Davenport, James H.

Couverture souple

ISBN 10 : 1476681201 ISBN 13 : 9781476681207

Editeur : McFarland & Co Inc, 2020

Synopsis

Exploring the little-known history behind the legal doctrine of prior appropriation--"first in time is first in right"--used to apportion water resources in the western United States, this book focuses on the important case of Wyoming v. Colorado (1922). U.S. Supreme Court Associate Justice Willis Van Devanter, a former Chief Justice of Wyoming, ruled in that state's favor, finding that prior appropriation applied across state lines--a controversial opinion influenced by cronyism. The dicta in the case, that the U.S. Government has no interest in state water allocation law, drove the balkanization of interstate water systems and resulted in the Colorado River Interstate Compact between Wyoming, Colorado, Utah, New Mexico, Arizona, Nevada and California.

The exhaustive research that has gone into this book has uncovered the secret that Associate Justice Van Devanter had waited eleven years to publish his opinion in this important, but politically self-serving, case, at last finding a moment when his senior colleagues were sufficiently absent or incapacitated to either concur or dissent. Without the knowledge of his "brethren," save his "loyal friend" Taft, and without recusal, Van Devanter unilaterally delivered his sole opinion to the Clerk for publication on the last day of the Supreme Court's October 1921 Term.

A propos du livre

À propos de l'auteur

James Davenport is an experienced natural resource lawyer now residing in Washington State's Yakima Valley. His public policy perspective derives from more than 40 years advising states, counties and private parties competing to secure natural resource amenities or resist environmental harm.

Détails de l'édition

• Éditeur: McFarland & Co Inc
• Date d'édition: 2020
• Langue: anglais
• ISBN 10: 1476681201
• ISBN 13: 9781476681207
• Reliure: Broché
• Nombre de pages: 297
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible