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Texas Environmental Law Journal TEXAS ENVIRONMENTAL LAW JOURNAL Volume 50 Spring 2020 Number 1 ARTICLES SPECIES . IN LAW Paul Boudreaux 1 FOSSIL FORTUNES: REGULATING COMMERCIAL PALEONTOLOGY & INCENTIVIZING FOSSIL DISCOVERY Ashlee Paxton-Turner 31 INDIVIDUAL PREFERENCES IN POLICY ANALYSIS: A NORMATIVE FRAMEWORK Gabriel A. Weil 55 NOTES WATER TO WIND: THE PATH TEXAS GROUNDWATER LAW PROVIDES TO SEVER THE WIND ESTATE AND PRIORITIZE MUTUALLY DOMINANT ESTATES Robert Montgomery 107 KEEPING IT REGULATORY: EXAMINING STATE STATUTES PERTAINING TO SEARCHES FOR FISH AND WILDLIFE VIOLATIONS Ryan J. Overturf 151 THE COST OF INNOVATION: WHY BITCOIN MINING REQUIRES INTERNATIONAL REGULATION Arya Taghdiri 181 DEVELOPMENTS AIR – John Turney, Patrick Maloney 199 LEGISLATIVE UPDATE – Shana Horton, Zachary Tavlin 205 PUBLICATIONS – Joshua D. Katz, Drew Roberts 213 STATE CASENOTE – Stacie M. Dowell, Zoe Oldham 217 WATER RIGHTS & UTILITIES – Emily Williams Rogers, Kevin Taki 221 WATER QUALITY – David J. Klein, Jensen Martinez 227 STATE BAR SECTION NEWS Prepared through The University of Texas School of Law Publications Office ISSN 0163-545X Copyright © 2020 Environmental and Natural Resources Section of the State Bar of Texas and The University of Texas School of Law Texas Environmental Law Journal Please cite as: TEX. ENVTL. L. J. TEXAS ENVIRONMENTAL LAW JOURNAL Volume 50 Spring 2020 Number 1 S TATE B AR OF T EXAS ENVIRONMENTAL AND NATURAL RESOURCES LAW SECTION P.O. Box 220, Mailstop S-520 Austin, Texas 78767-0220 www.texenrls.org EDITORIAL BOARD Editor-In-Chief Assistant Editor for Production Ashleigh K. Acevedo Rohonda D. Williams Pillsbury Winthrop Shaw Pittman LLP Pillsbury Winthrop Shaw Pittman LLP 909 Fannin, Suite 2000 909 Fannin, Suite 2000 Houston, Texas 77010 Houston, Texas 77010 [email protected] [email protected] (713) 276-7631 (713) 276-7612 DEVELOPMENTS ATTORNEY CONTRIBUTORS Air Quality Water Quality & Utilities Casenotes—State John B. Turney David J. Klein Stacey Dowell Richards Rodriguez & Skeith Lloyd Gosselink Rochelle & Trinity River Authority of Texas 816 Congress Ave., Ste. 1200 Townsend, P.C. P.O. Box 60 Austin, Texas 78701-2672 816 Congress Ave., Ste. 1900 Arlington, Texas 76004-0060 [email protected] Austin, Texas 78701 [email protected] (512) 476-0005 [email protected] (817) 467-4343 (512) 322-5818 Natural Resources Publications Patrick Leahy Water Rights Joshua D. Katz Baker Botts, L.L.P. Emily Rogers Bickerstaff Heath Delgado Acosta, 98 San Jacinto Blvd., Ste. 1500 Bickerstaff Heath Delgado Acosta, L.L.P. Austin, Texas 78701-4078 L.L.P. 3711 S. Mopac, Bldg. 1, Ste. 300 [email protected] 3711 S. Mopac, Bldg. 1, Ste. 300 Austin, Texas 78746 (512) 322-2660 Austin, Texas 78746 [email protected] [email protected] (512) 472-8021 Solid Waste (512) 404-7790 Alisha Mehta Washington Update Jackson Walker, L.L.P. Casenotes—Federal Jacob Arechiga 100 Congress Ave., Ste. 1100 Amanda Halter Duane Morris LLP Austin, Texas 78701-4042 Pillsbury Winthrop Shaw Pittman LLP 900 S. Capital of Texas Hwy, Ste. [email protected] 909 Fannin, Ste. 2000 300 (512) 236-2340 Houston, Texas 77010 Austin, Texas 78746 [email protected] [email protected] (713) 276-7665 ii TEXAS ENVIRONMENTAL LAW JOURNAL Volume 50 Spring 2020 Number 1 U NIVERSITY OF T EXAS S CHOOL OF L AW TEXAS ENVIRONMENTAL LAW JOURNAL 727 East Dean Keeton St. Austin, Texas 78705-3224 (512) 471-0299 / [email protected] STUDENT EDITORIAL BOARD 2019-2020 Editor-in-Chief Developments Editor Lead Articles & Notes Editor Lori K. Patrick Rachel C. Lau Drew W. Roberts Articles & Notes Editors Managing Editor Marketing Director Patrick D. Maloney Jensen R. Martinez Francis C. Wellin Symposium Director Zoe W. Oldham STAFF 2019-2020 Senior Staff Editors Jacob L. Gildan Evan Z. Pearson Kevin K. Taki Meredith G. Luneack Allison M. Simkins Zachary S. Tavlin Staff Editors Niha N. Ali Matthew T. Goldstein Jeffrey S. Neiman Maxwell W. Anderson John R. Hormell Rachel C. Nipper Jackson R. Bright Noorulanne H. Jan Nicholas D. Ray Chloe A. Daniels Thomas M. Kagerer Bahar B. Sahami Samuel G. Dreggors Eryn L. Lyle Cooper B. Shear Daniel D. Dyring Kylan T. MacLeod Neha A. Singh Katherine A. Dzienkowski Samuel E. McCombs Jessica A. Villalon Samuel H. Elkins Jared A. Mezzatesta Stephen T. Weinberger Adam D. Enochs Emily C. Meier Meng Yu Matthew Y. Frederick Ethan J. Zertucha iii TEXAS ENVIRONMENTAL LAW JOURNAL Volume 50 Spring 2020 Number 1 STATE BAR OF TEXAS ENVIRONMENTAL AND NATURAL RESOURCES LAW SECTION SECTION OFFICERS (2019-2020) Chair Vice Chair Treasurer Susan M. Maxwell Nathan M. Block Pete Wahl 3711 S. Mopac, Bldg 1, Ste 300 501 Westlake Park Blvd 2323 Ross Ave., Ste. 600 Austin, Texas 78746-8015 Wl1 - Lr - 3.668B Dallas, Texas 75201 [email protected] Houston, Texas 77079 [email protected] (512) 472-8021 [email protected] (214) 953-6101 (832) 619-4789 Chair-Elect Immediate Past Chair David J. Klein Secretary Stephen McMillen 816 Congress Ave., Ste. 1900 Erin Chancellor P.O. Box 655474, MS 3999 Austin, Texas 78701-2478 12100 Park 35 Cir., MC 218 Dallas, Texas 75265 [email protected] Austin, Texas 78753 [email protected] (512) 322-5818 [email protected] (214) 479-1228 (512) 239-3425 EXECUTIVE COMMITTEE MEMBERS (2019-2020) Term Expires 2020 Term Expires 2021 Term Expires 2022 Michael P. Dillinger Lisa Dyar Buck Benson [email protected] [email protected] [email protected] (210) 918-2091 (512) 495-6168 (210) 610-5335 Kellie Billings-Ray Kristen Fancher Heather Palmer kellie.billings- [email protected] [email protected] [email protected] (469) 925-0022 (713) 495-4525 (512) 475-4014 Erin Chancellor Aaron Vargas Chris Schlag [email protected] [email protected] [email protected] (512) 239-3425 (214) 665-7155 (512) 362-7100 COMMITTEE CHAIRS (2020) Education Law School Website & Technology Lisa Dyar Kristen Fancher Steve McMillen Greg Ellis Walt Shelton Chris Schlag Kellie Billings-Ray Constance “Connie” Westfall Publications Pro Bono Sponsorship Ashleigh K. Acevedo Buck Benson Mike Dillinger Aaron Vargas David J. Klein Heather Palmer iv TEXAS ENVIRONMENTAL LAW JOURNAL STATEMENT OF PURPOSE The purpose of the Texas Environmental Law Journal is to provide members of the Environmental and Natural Resources Law Section of the State Bar of Texas and the public with legal articles and recent development columns on relevant environmental and natural resources law issues. The Journal also provides new of Section activities and other events pertaining to this area of law. The Journal is the leading source for articles on Texas environmental and natural resources law. JOINT PUBLICATION The Texas Environmental Law Journal is an official publication of the Environmental and Natural Resources Law Section of the State Bar of Texas and is published jointly with the University of Texas School of Law’s Texas Environmental Law Journal. In 1990, the Environmental and Natural Resources Law Section reached an agreement with this student organization at the University of Texas School of Law to co-produce the Journal as the Texas Environmental Law Journal. The students’ involvement began with the summer issue in 1990. OTHER INFORMATION The materials contained in the Journal represent the opinions of the authors and should not be construed to be those of the School of Law, the University of Texas School of Law’s Texas Environmental Law Journal, or the Journal’s editors and staff. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from their own legal counsel. To contact the Journal, please use the contract information in the preceding pages. SOLICITATION OF ARTICLES & EDITORIAL POLICIES The Journal solicits articles from authors on environmental and natural resources subjects that will assist Texas environmental and natural resource law practitioners and develop the advancement of environmental and natural resource law. If you are interested in submitting an article, please contact: Ashleigh K. Acevedo, Editor-in-Chief ([email protected]) The Journal will consider for publication any articles from practitioners, judges, academics, policymakers, and others that are relevant and useful to practitioners in the environmental and natural resources law arena. Manuscripts should be submitted via email to the Solicitations Attorney Editor, Student Lead Articles Editor, or Editor-in-Chief at the addresses shown above. If the Journal accepts a manuscript for publication, the author must provide a copy in electronic format (Microsoft Word) with no pre-defined embedded coding or styles. If a manuscript includes graphics, please provide as separate files, preferably JPEG, PDF, or TIFF files. Graphics should be grayscale and at a resolution of at least 300dpi. The manuscript should be typed and double-spaced, with footnotes. Citations should conform to the most recent editions of The Bluebook: A Uniform System of Citation and the Texas Rules of Form. If you desire the Journal to return any printed manuscript, please provide a postage prepaid, self-addressed envelope with the manuscript. COPYRIGHT & PERMISSION TO USE Unless otherwise provided, the Journal grants permission for use of articles, student notes, and recent developments in classrooms, provided that the user: (1) affixes a proper copyright notice to each copy, (2) identifies the author and the source issue of the Journal, (3) charges not more than at or below the actual cost of the copies, and (4) notifies the Journal of the use. v TEXAS ENVIRONMENTAL LAW JOURNAL REPRINTS The Journal has a contract with William S. Hein & Co., Inc. for Hein to provide back issues. Hein has single issues, single volumes, and complete sets available from Vol. 1 (1971) to current at its current fees. These issues are also available electronically through HeinOnline. William S. Hein & Co., Inc.; 2350 N. Forest Rd., Getzville, New York 14068; (716) 882-2600, (800) 828-7571, Fax: (716) 883-8100; mail@]wshein.com; www.wshein.com.
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