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- Publications (9)
- Public Land & Resources Law Review (3)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- William Mitchell Law Review (2)
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- American Indian Law Review (1)
- Books, Reports, and Studies (1)
- Jeffrey T Matson (1)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (1)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (1)
- Utah Law Faculty Scholarship (1)
- Publication Type
Articles 1 - 24 of 24
Full-Text Articles in Law
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Lustre Oil Co., Llc V. Anadarko Minerals, Inc., Ayden D. Auer
Public Land & Resources Law Review
The Montana Supreme Court held a limited liability company owned by the Assiniboine and Sioux Tribes was not protected against a quiet title action by sovereign immunity.
Changing Consultation, Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte
Changing Consultation, Elizabeth Kronk Warner, Kathy Lynn, Kyle Whyte
Utah Law Faculty Scholarship
As climate change and fossil fuel extractive industries ravage Indian country and burden many Indigenous communities with risks, the negative impacts on tribal sovereignty, health, and cultural resources demand consultation between tribes and the federal government. Yet, this is an area where the law fails to provide adequate guidance to parties who should be engaging or are already engaging in tribal consultations. The law, both domestic and international, may require that consultation occurs, but leaves parties to determine themselves what constitutes effective and efficient consultation. The legacy of the law’s inability to provide effective guidance has generated a litany of …
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
The Belloni Decision: A Foundation For The Northwest Fisheries Cases, The National Tribal Sovereignty Movement, And An Understanding Of The Rule Of Law, Charles Wilkinson
Publications
Judge Belloni’s decision in United States v. Oregon, handed down a half-century ago, has been given short shrift by lawyers, historians, and other commentators on the modern revival of Indian treaty fishing rights in the Pacific Northwest. The overwhelming amount of attention has been given to Judge Boldt’s subsequent decision in United States v. Washington and the Passenger Vessel ruling by the Supreme Court affirming Judge Boldt. I’m one who has been guilty of that.
We now can see that United States v. Oregon was the breakthrough. In those early days, Judge Belloni showed deep understanding of the two …
Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey
Public Land & Resources Law Review
Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …
United States V. Washington, Kirsa Shelkey
United States V. Washington, Kirsa Shelkey
Public Land & Resources Law Review
Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right of taking fish, …
Tribal Strategies For Protecting And Preserving Groundwater, Stephen V. Quesenberry, Timothy C. Seward, Adam P. Bailey
Tribal Strategies For Protecting And Preserving Groundwater, Stephen V. Quesenberry, Timothy C. Seward, Adam P. Bailey
William Mitchell Law Review
No abstract provided.
Tribal Authority To Protect Water Resources And Reserved Rights Under Clean Water Act Section 401, Paula Goodman Maccabee
Tribal Authority To Protect Water Resources And Reserved Rights Under Clean Water Act Section 401, Paula Goodman Maccabee
William Mitchell Law Review
No abstract provided.
Interstate Water Compact Version 3.0: Missouri River Basin Compact Drafters Should Consider An Inter-Sovereign Approach To Accommodate Federal And Tribal Interests In Water Resources, Jeffrey T. Matson
Jeffrey T Matson
In the aftermath of the historic 2011 Missouri River flood, Missouri River Basin (MRB) state representatives and governors criticize the U.S. Army Corps of Engineers (Corps) for operating the Missouri River Mainstem Reservoir System (System) in support of the multiple, often conflicting, purposes outlined in the Flood Control Act of 1944. These officials envision entering into an interstate compact to divest the Corps of some of its operational authority and to broaden their role in managing water resources. Similarly, MRB tribal leaders argue that the Corps fails to operate its System in a manner that respects the interrelated issues of …
Slides: The Future Of Energy: What Are The Major Projections For The U.S. Energy Future, And What Are The Implications For The West?, Gary Bryner
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Gary Bryner, Brigham Young University, Department of Political Science
9 slides
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Shifting Baselines And New Meridians: Water, Resources, Landscapes, And The Transformation Of The American West, University Of Colorado Boulder. Natural Resources Law Center
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
The Center’s 29th annual conference will focus on the changes in the West resulting from rapid population growth, development, disrupted historical weather patterns and the effects of those changes on land, water, and energy resources. Speakers and panelists will address the adaptability of the legal and political institutions and how the transformation of the West may foreshadow fundamental changes to these institutions.
The agenda includes panel discussions that will address:
- Water for the 21st Century —the big questions in Western water and rethinking Western water law.
- The Future of Energy —practical and sophisticated solutions to overcome the energy …
Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee
Action On Global Warming: Making Room For Tribal Governments In The New Kind Of Wedge Issue, Dean B. Suagee
The Climate of Environmental Justice: Taking Stock (March 16-17)
Presenter: Dean B. Suagee, Of Counsel, Hobbs, Straus, Dean & Walker LLP, Washington, D.C.
1 page.
Western Justice, Richard B. Collins
Justice And Natural Resources: Concepts, Strategies, And Applications, Kathryn M. Mutz, Gary C. Bryner, Douglas S. Kenney
Justice And Natural Resources: Concepts, Strategies, And Applications, Kathryn M. Mutz, Gary C. Bryner, Douglas S. Kenney
Books, Reports, and Studies
This digital resource contains only an abstract, cover image and table of contents information from the published book.
Print copy of book is available in the University of Colorado's Wise Law Library: http://128.138.161.92/record=b257401
Contents: PART ONE : FRAMEWORKS: Beyond "traditional" environmental justice / David H. Getches, David N. Pellow -- Assessing claims of environmental justice : conceptual frameworks / Gary C. Bryner -- Water, poverty, equity, and justice in Colorado : a pragmatic approach / James l. Wescoat Jr., Sarah Halvorson, Lisa Headington, Jill Replogle -- International environmental protection : human rights and North-South divide / Tseming Yang -- PART …
Acquiring Water For Tribes, Susan M. Williams
Acquiring Water For Tribes, Susan M. Williams
Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15)
16 pages.
Contains references (page 15).
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson
Publications
No abstract provided.
The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson
The Role Of Bilateralism In Fulfilling The Federal-Tribal Relationship: The Tribal Rights-Endangered Species Secretarial Order, Charles Wilkinson
Publications
No abstract provided.
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson
Publications
No abstract provided.
The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear
The Flathead Water Quality Standards Dispute: Legal Bases For Tribal Regulatory Authority Over Non-Indian Reservation Lands, Daniel I.S.J. Rey-Bear
American Indian Law Review
No abstract provided.
Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson
Land Of Fire, Land Of Conquest: The Colorado Plateau And Some Questions For Its Future, Charles F. Wilkinson
Publications
No abstract provided.
To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson
To Feel The Summer In The Spring: The Treaty Fishing Rights Of The Wisconsin Chippewa, Charles F. Wilkinson
Publications
In this Article, adapted from his Oliver Rundell Lecture delivered at the University of Wisconsin Law School in April 1990, Professor Charles Wilkinson explores the historical and contemporary conflict arising out of the Chippewa people's assertion of nineteenth century treaty fishing rights. A key to comprehending the Chippewa's position is a realization that they are governments whose sovereign rights predate the United States Constitution and are preserved in federal treaties and statutes. The Chippewa's survival as a people depends upon a recognition of their sovereign prerogatives, an understanding of their history, a respect for their dignity and a just application …
Taxation In Indian Country, Richard B. Collins
Taxation In Indian Country, Richard B. Collins
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
Environmental Regulation On Indian Reservations, B. Kevin Gover
Environmental Regulation On Indian Reservations, B. Kevin Gover
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
45 pages.
The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson
The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson
Publications
No abstract provided.
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson
Publications
No abstract provided.