ENVIR ST 368 Study Guide - High Water Mark, Supremacy Clause
30 Oct 2014
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Lecture 6: public rights (con"t) and policy making and process. Irreparable harm: if compensation will not provide the necessary remedy, then it is irreparable. Injunctions are not granted as a matter of right court has discretion. Border of the stream is the ordinary high water mark . Public easement extends all the way to the ordinary high water mark, although the riparian owner owns the bed to the middle (in the case of a stream) In the case of a lake, the state owns the whole bed. Short description of the supremacy clause and preemption us constitution is the supreme law of the land. Dawson takes issue with the example: federal pesticide act?: it should say that the fed. Insecticide act preempts the authority to require a different label: epa is the one that establishes labels on pesticides. The general public does not have standing to abate public nuisance.
