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Full-Text Articles in Law
Are We Out Of The Woods Yet? Arctic Leasing Reform In The Trump Administration, Jonathan Schirmer
Are We Out Of The Woods Yet? Arctic Leasing Reform In The Trump Administration, Jonathan Schirmer
Seattle University Law Review
This Note examines the main statutes governing the Outer Continental Shelf (OCS) leasing process, including their interpretation by the courts. The interests of affected states and indigenous people, as well as how courts have minimized these voices will be explored, focusing on the state of Alaska. Finally, this Note argues for statutory reform as well as a change in the leasing process to increase state and indigenous participation.
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes
Seattle University Law Review
This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
Seattle University Law Review
Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …
Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis
Elimination Of The Depletion Deduction For Fossil Fuels, Wendy B. Davis
Seattle University Law Review
This article argues that the depletion deduction provision is a misguided incentive that has been falsely analogized and justified, and it should be abolished in order to provide funds to protect and preserve the environment. The additional revenue generated should be used to encourage the development of renewable resources and to remediate the harm caused by the extraction and use of fossil fuels. Specifically, the depletion deduction for reduction in the supply of nonrenewable resources such as coal and oil should be eliminated to (1) ensure certain and equal treatment under the tax laws; (2) encourage development of renewable energy …
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Oil And The Public Trust Doctrine In Washington, Ralph W. Johnson
Seattle University Law Review
During the past 15 years, in half the United States, more than 100 reported cases involving the public trust doctrine have had a major impact on natural resources protection. In Washington, two key cases decided in 1987 give major support to the public trust doctrine. In Caminiti v. Boyle, the court affirmed that the public trust doctrine is the law of this state and always has been. In Orion Corporation v. State, the court upheld the classification of private tidelands as open space and stated that classification that prohibits fill for residential housing and development raises no constitutional …