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

Law Commons

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

University of Montana

Journal

2015

Administrative Procedures Act

Articles 1 - 2 of 2

Full-Text Articles in Law

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Erick A. Valencia Aug 2015

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Erick A. Valencia

Public Land & Resources Law Review

The Colorado District Court in WildEarth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement ordered the United States Office of Surface Mining to reevaluate the environmental impact of an approved mining modification plan for the Colowyo Mine after the Office failed to involve the public in the approval process and did not take a “hard look” at the modification’s effects on the environment as required by NEPA. Even though the Office of Surface Mining also approved the Trapper Mine’s modification plan without fulfilling NEPA’s requirements, WildEarth Guardians was left without a remedy regarding that mine because the …


Big Lagoon Rancheria V. State Of California, Wesley J. Furlong Aug 2015

Big Lagoon Rancheria V. State Of California, Wesley J. Furlong

Public Land & Resources Law Review

The Ninth Circuit’s en banc opinion in Big Lagoon Rancheria v. California is, thus far, perhaps the most important Indian law decision in 2015. Rejecting its three-judge panel’s opinion, the Ninth Circuit, en banc, affirmed the importance of defending tribal sovereignty against invidious state actions. The court denounced California’s use of Carcieri to de-recognize the Big Lagoon Rancheria and rescind the trust status of its land, characterizing it as “a belated collateral attack” on the Tribe and an “end-run” around the APA.