Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Environmental Law (38)
- Land Use Law (38)
- Natural Resources Law (37)
- Administrative Law (36)
- Energy and Utilities Law (31)
-
- Oil, Gas, and Mineral Law (30)
- Water Law (30)
- Science and Technology Law (29)
- Cultural Heritage Law (28)
- Indigenous, Indian, and Aboriginal Law (28)
- Agriculture Law (27)
- Animal Law (23)
- Constitutional Law (4)
- Property Law and Real Estate (3)
- Architecture (2)
- Civil Procedure (2)
- Courts (2)
- Litigation (2)
- Supreme Court of the United States (2)
- Agency (1)
- Arts and Humanities (1)
- Civil Engineering (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Civil and Environmental Engineering (1)
- Construction Law (1)
- Engineering (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Keyword
-
- Indian Law (6)
- Montana (5)
- Clean Water Act (3)
- Environmental (3)
- 4th circuit (2)
-
- APA (2)
- Administrative law (2)
- Agency Deference (2)
- Bureau of Land Management (2)
- CWA (2)
- Climate Change (2)
- Climate Science (2)
- Constitution (2)
- EIS (2)
- EPA (2)
- Environment (2)
- Environmental law (2)
- Fossils (2)
- Fourth circuit (2)
- Indian law (2)
- Law (2)
- NEPA (2)
- Ninth Circuit (2)
- Oil (2)
- Oil & Gas (2)
- Uncertainty (2)
- 1983 claim (1)
- 21st Century (1)
- 401 (1)
- 404(b) evidence (1)
Articles 31 - 53 of 53
Full-Text Articles in Law
Kloker V. Fort Peck Tribes, Hallee Kansman
Kloker V. Fort Peck Tribes, Hallee Kansman
Public Land & Resources Law Review
Kloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself.
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Public Land & Resources Law Review
In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.
Murray V. Bej Minerals, Llc, Brett Berntsen
Murray V. Bej Minerals, Llc, Brett Berntsen
Public Land & Resources Law Review
Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as the Ninth Circuit …
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains
Public Land & Resources Law Review
In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V
Public Land & Resources Law Review
The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s path, were futile.
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Solenex Llc V. Jewell, F. Aaron Rains
Solenex Llc V. Jewell, F. Aaron Rains
Public Land & Resources Law Review
In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the Secretary’s …
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
Public Land & Resources Law Review
No abstract provided.
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Public Land & Resources Law Review
No abstract provided.
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Public Land & Resources Law Review
Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Public Land & Resources Law Review
No abstract provided.
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Public Land & Resources Law Review
No abstract provided.
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …