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Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
American Legion V. American Humanist Association, Seth T. Bonilla
American Legion V. American Humanist Association, Seth T. Bonilla
Public Land & Resources Law Review
The separation of church and state is a key element of American democracy, but its interpretation has been challenged as the country grows more diverse. In American Legion v. American Humanist Association, the Supreme Court adopted a new standard to analyze whether a religious symbol on public land maintained by public funding violated the Constitution’s Establishment Clause.
Tohono O’Odham Nation V. City Of Glendale, 804 F.3d 1292 (9th Cir. 2015), Kathryn S. Ore
Tohono O’Odham Nation V. City Of Glendale, 804 F.3d 1292 (9th Cir. 2015), Kathryn S. Ore
Public Land & Resources Law Review
Tohono O’odham Nation v. City of Glendale is a reminder of the tension between state governments and the federal government. It also reflects continued unease with tribal gaming policies. The Ninth Circuit reiterated the longstanding federal preemption doctrine to override the State of Arizona and City of Glendale’s attempted circumvention of the Gila River Bend Indian Reservation Land Replacement Act. In doing so, the court prevented state legislation from undermining the Tohono O’odham Nation’s ability to obtain replacement lands for its reservation.