Document Type
Article
Publication
Louisiana Law Review
Year
2012
Citation Information
Mark S. Davis and Michael Pappas, Escaping the Sporhase Maze: Protecting State Waters Within the Commerce Clause, 73 La. L. Rev. 175 (2012), available at https://scholar.law.colorado.edu/faculty-articles/1745.
Abstract
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, particularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the confines of the Dormant Commerce Clause.
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