Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Natural Resources Law

University of Washington School of Law

Series

Keyword
Publication Year
Publication

Articles 1 - 30 of 302

Full-Text Articles in Law

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie Jan 2022

Bridges To A New Era Part 2: A Report On The Past, Present, And Potential Future Of Tribal Co-Management On Federal Lands In Alaska, Monte Mills, Martin Nie

Articles

Nowhere else in the United States are tribal connections and reliance on federal public lands as deep and geographically broad-based as in what is now Alaska. The number of Tribes—229 federally recognized tribes—and the scope of the public land resource—nearly 223 million acres—are simply unparalleled. Across that massive landscape, federal public lands and the subsistence uses they provide remain, as they have been since time immemorial, “essential to Native physical, economic, traditional, and cultural existence.”[1] Alas, the institutions, systems, and processes responsible for managing those lands, protecting those uses, and honoring those connections are failing Alaska Native Tribes.

The …


Petition For Writ Of Certiorari Dec 2021

Petition For Writ Of Certiorari

Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe v. Lummi Nation, Docket No. 21-913 (142 S.Ct. 1123 (2022))

No abstract provided.


Motion For Leave To File Amicus Curiae Brief And Brief Of United Catcher Boats As Amicus Curiae In Support Of Petitioner Jun 2018

Motion For Leave To File Amicus Curiae Brief And Brief Of United Catcher Boats As Amicus Curiae In Support Of Petitioner

Makah Indian Tribe v. Quileute Indian Tribe and Quinault Indian Nation, Docket No. 17-1592 (139 S.Ct. 106 (2018))

No abstract provided.


Brief Of Respondent State Of Washington Department Of Fish And Wildlife In Support Of Petition For Writ Of Certiorari Jun 2018

Brief Of Respondent State Of Washington Department Of Fish And Wildlife In Support Of Petition For Writ Of Certiorari

Makah Indian Tribe v. Quileute Indian Tribe and Quinault Indian Nation, Docket No. 17-1592 (139 S.Ct. 106 (2018))

No abstract provided.


Reply Brief For The Petitioner Apr 2018

Reply Brief For The Petitioner

Washington v. United States, Docket No. 17-269 (138 S.Ct. 735 (2018))

No abstract provided.


Brief Amicus Curiae On Behalf Of Pacific Coast Federation Of Fishermen’S Associations, Alaska Trollers Association, Institute For Fisheries Resources, Fly Fishers International, Northwest Sportfishing Industry Association, Northwest Guides And Anglers Association, Association Of Northwest Steelheaders, And The Conservation Angler In Support Of Respondents Apr 2018

Brief Amicus Curiae On Behalf Of Pacific Coast Federation Of Fishermen’S Associations, Alaska Trollers Association, Institute For Fisheries Resources, Fly Fishers International, Northwest Sportfishing Industry Association, Northwest Guides And Anglers Association, Association Of Northwest Steelheaders, And The Conservation Angler In Support Of Respondents

Washington v. United States, Docket No. 17-269 (138 S.Ct. 735 (2018))

No abstract provided.


Petition For Writ Of Certiorari Aug 2017

Petition For Writ Of Certiorari

Washington v. United States, Docket No. 17-269 (138 S.Ct. 735 (2018))

No abstract provided.


Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills Jan 2017

Foreword: A ‘Coyote Warrior’ And The ‘Great Paradoxes,’ The Scholarship Of Professor Raymond Cross, Monte Mills

Articles

This Foreword to the Public Land and Resources Law Review special issue republishing and celebrating the scholarship of Professor Raymond Cross provides a context and framework for understanding and appreciating the issue's articles. The Foreword reviews Professor Cross' legacy of work as a tribal attorney on behalf of the Three Affiliated Tribes (Mandan, Hidatsa, and Arikara) of the Fort Berthold Reservation and discusses the important contributions his scholarly work continue to make to the field of Federal Indian Law. As noted at the conclusion of the Foreword, "[i]t is a true honor to introduce and present some of his important …


New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills Jan 2016

New Approaches To Energy Development In Indian Country: The Trust Relationship And Tribal Self-Determination At (Yet Another) Crossroads, Monte Mills

Articles

Energy development in Indian country exists at the crossroads of tribal self-determination and the federal government's trust responsibility. This article reviews the foundations of this crossroads, describes recent developments, and analyzes pending proposals that may enhance both tribal sovereignty and energy development in Indian country.


Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen Jan 2011

Proving Natural Resource Damage Under Opa 90: Out With The Rebuttable Presumption, In With Apa-Style Judicial Review?, Craig H. Allen

Articles

In the aftermath of the Deepwater Honrzon oil spill of 2010, Prsident Obama uged Congess to amend the natural resource damage provisions of the Oil Pollution Act of 1990 to replace the rebuttable presumption of validity the law presently accords to damage assessments by the designated natural resource trustees that were conducted in accordance with regulations promulgated by the National Oceanic and Atmosphenc Administration with the standard of judicial review prescrbed by the Administrative Procedures Act (APA). Although the House of Representatives passed such an amendment in 2010, the Senate failed to act on the amendment before the 111th congressional …


Reply Brief For Petitioner Sep 2010

Reply Brief For Petitioner

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.


Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes Sep 2010

Brief In Opposition To Petition For A Writ Of Certiorari By Respondent Tribes Upper Skagit Indian Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam Tribe, Port Gamble S'Klallam Tribe, And Tulalip Tribes

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.


Petition For Writ Of Certiorari Jul 2010

Petition For Writ Of Certiorari

Suquamish Indian Tribe v. Upper Skagit Indian Tribe, Docket No. 10-33 (562 U.S. 981 (2010))

No abstract provided.


A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen Jan 2009

A Precautionary Tale: Assessing Ecological Damages After The Exxon Valdez Oil Spill, Sanne Knudsen

Articles

To address the shortcomings of our existing damages paradigm--exemplified by the response to the Exxon Valdez oil spill in Prince William Sound--this article suggests that we invoke the burden-shifting attributes of the precautionary principle to transfer the risk of long-term, unknown ecological harm to those who have caused the injury. Through such a risk transfer, this article posits that true costs of ecological injury would more properly be borne by actors capable of altering their behavior to avoid such injury in the first place. In addition, this article suggests offering defendants two options for incurring damages for ecological injuries--either accepting …


Answering Brief For The United States Dec 2008

Answering Brief For The United States

United States v. Washington, Docket No. 08-35794 (593 F.3d 790 (9th Cir. 2009) (as amended Jan. 10, 2010))

No abstract provided.


Reply Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community Sep 2007

Reply Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Appellant Suquamish Tribe's Reply Brief To Response Brief Of Appellee Upper Skagit Indian Tribe, Brief Of Appellee Swinomish Indian Tribal Community, The Tulalip Tribes' Response Brief And Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes Sep 2007

Appellant Suquamish Tribe's Reply Brief To Response Brief Of Appellee Upper Skagit Indian Tribe, Brief Of Appellee Swinomish Indian Tribal Community, The Tulalip Tribes' Response Brief And Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes Aug 2007

Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Reply Brief Of Appellant Skokomish Indian Tribe Aug 2007

Reply Brief Of Appellant Skokomish Indian Tribe

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Reply Brief For Appellant Lower Elwha Klallam Tribe Aug 2007

Reply Brief For Appellant Lower Elwha Klallam Tribe

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes Aug 2007

Response Brief Of Appellees Port Gamble S'Klallam And Jamestown S'Klallam Tribes

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community Aug 2007

Brief Of Appellants Makah, Puyallup, Quileute, Upper Skagit, Nisqually And Squaxin Island Indian Tribes, Lummi Nation, Quinault Indian Nation, And Swinomish Indian Tribal Community

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes Jul 2007

Response Brief Of Intervenors Port Gamble S'Klallam And Jamestown S'Klallam Tribes

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Appellant Suquamish Tribe's Reply Brief To Brief Of Appellee Swinomish Indian Tribal Community And Response Brief Of Appellee Upper Skagit Indian Tribe Jul 2007

Appellant Suquamish Tribe's Reply Brief To Brief Of Appellee Swinomish Indian Tribal Community And Response Brief Of Appellee Upper Skagit Indian Tribe

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Brief Of Appellee Swinomish Indian Tribal Community Jun 2007

Brief Of Appellee Swinomish Indian Tribal Community

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


The Tulalip Tribes' Response Brief Jun 2007

The Tulalip Tribes' Response Brief

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Response Brief Of Appellee Upper Skagit Indian Tribe Jun 2007

Response Brief Of Appellee Upper Skagit Indian Tribe

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Opening Brief Of Appellant Suquamish Tribe Jun 2007

Opening Brief Of Appellant Suquamish Tribe

Upper Skagit Indian Tribe v. United States, Docket No. 07-35061 (590 F.3d 1020 (9th Cir. 2010))

No abstract provided.


Brief For Appellant Lower Elwha Klallam Tribe Jun 2007

Brief For Appellant Lower Elwha Klallam Tribe

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.


Brief Of Appellant Skokomish Indian Tribe Jun 2007

Brief Of Appellant Skokomish Indian Tribe

United States v. Washington, Docket Nos. 07-35062, 07-35124, 07-35219 (573 F.3d 701 (9th Cir. 2009))

No abstract provided.