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12 Great Plains Nat. Resources J. [i] (2007-2008)

handle is hein.journals/gpnat12 and id is 1 raw text is: University of South Dakota School of Law GREAT PLAINS NATURAL RESOURCES JOURNAL VOLUME XII FALL 2007 NUMBERS 1 LEAD ARTICLE Ecosystem Protection Versus Immigration: The Coming Conflict .................. 1 Don Blankenau This article addresses undeniable and ever escalating tension that exists between population growth and environmental conservation worldwide. The author seeks to draw attention to the impact of population growth, specifically that related to immigration, on the depletion of resources specifically in the United States of America. The author discusses the ability of current environmental regulations and the officials charged with their enforcement to maintain the nation's environmental integrity in spite of the population increases and their associated burden. CASENOTES Rapanos v. United States: Working Towards a Significant Nexus in Wetlands P rotectio n ................................................................... 16 Annie Homer While the Clean Water Act claims jurisdiction over waters of the United States, the exact meaning behind the definition is unclear. The United States Supreme Court attempted to remedy the lack of clarity in Rapanos v. United States. The divided court, however, did not produce a clear new standard. Lower courts struggle to apply the significant nexus test from Justice Kennedy's concurrence. This note discusses the jurisdiction of the CWA under the Rapanos v. United States decision, and analyzes the application of Justice Kennedy's significant nexus test for CWA jurisdiction and the need for deferral to the Environmental Protection Agency and United States Army Corps of Engineers. California Draining: Lining the American Canal ................................. 36 Erin K. Bradley The Ninth Circuit Court of Appeals' decision in Consejo de Desarrollo Economico De Mexicali v. U.S. epitomizes Congress' use of preemptive federal laws to impact the environment in the face of well established environmental regulations; specifically water resource allocation from the Colorado River's All-American Canal and its trans-national impacts. In Consejo, the two long running antagonistic forces of environmental resource allocation and increased population water needs coupled with industrial development came into conflict. However, before the Ninth Circuit could decide the issues of first impression presented by Consejo, it was precluded from reaching the merits of the controversy by Congressional action, namely Congress' eleventh-hour passage of the Tax Relief and Health Care Act of 2006. While purporting not to direct a result to the court, the act in fact precluded a judicial determination through the clever use of statutory

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