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Full-Text Articles in Law
Organized Village Of Kake V. United States Department Of Agriculture, Maresa A. Jenson
Organized Village Of Kake V. United States Department Of Agriculture, Maresa A. Jenson
Public Land & Resources Law Review
In an en banc rehearing, the Ninth Circuit, in Organized Village of Kake v. United States Department of Agriculture, determined that the Roadless Rule should apply to the largest National Forest, the Alaskan Tongass. The significant socioeconomic impacts on Southeast Alaska contrasted with important environmental roadless values make the management of the Tongass National Forest unique and controversial. The Ninth Circuit concluded that Alaska, an intervener, had standing to appeal and that the 2003 Tongass Exception to the Roadless Rule was arbitrary and capricious.
Oneok, Inc. V. Learjet, Inc., Keatan J. Williams
Oneok, Inc. V. Learjet, Inc., Keatan J. Williams
Public Land & Resources Law Review
In an ongoing dispute, the Supreme Court has allowed retail natural gas purchasers to bring state law anti-trust claims against natural gas pipelines for price manipulation. While holding that the Natural Gas Act does not create field pre-emption over these claims, the opinion hinted that there might still be conflict pre-emption. Justice Scalia, in his dissent, argued forcefully that the majority had misapplied and misconstrued the applicable case law, which, he argued, clearly created field pre-emption.