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Articles 1 - 12 of 12
Full-Text Articles in Law
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
Collaborative Solutions To Colorado River Water Shortages: The Basin States' Proposal And Beyond, Douglas L. Grant
Collaborative Solutions To Colorado River Water Shortages: The Basin States' Proposal And Beyond, Douglas L. Grant
Nevada Law Journal
No abstract provided.
The House Always Wins: A Look At The Federal Government's Role In Indian Gaming & The Long Search For Autonomy., Christian C. Bedortha
The House Always Wins: A Look At The Federal Government's Role In Indian Gaming & The Long Search For Autonomy., Christian C. Bedortha
The Scholar: St. Mary's Law Review on Race and Social Justice
States should not deny Native Americans the right to establish Class III gaming—casino games and slot machines—establishments. In 1988, Congress passed the Indian Gaming Regulatory Act (IGRA) which provided Indian tribes the exclusive right to control all forms of gambling on Indian land. IGRA, however, requires the Indian tribes and the state to negotiate the terms of a Class III gaming arrangement. If the state refuses, the matter goes to the Secretary of the Interior. The Secretary of the Interior, however, lacks the authority to require a state to allow the tribe to establish Class III gaming institutions. Therefore, without …
Take-Or-Pay Royalties, The Trust Doctrine, And The Shoshone Case, Christopher S. Kulander
Take-Or-Pay Royalties, The Trust Doctrine, And The Shoshone Case, Christopher S. Kulander
American Indian Law Review
No abstract provided.
Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon
Environmental Permits: Land Use Regulation And Policy Implementation In Texas., Wm. Terry Bray, R. Alan Haywood, David S. Caudill, Pamela S. Bacon
St. Mary's Law Journal
Real estate lawyers traditionally focused on the applicable zoning ordinances of the governing municipality. Real estate lawyers also are familiar with applicable subdivision ordinances, which typically impose additional limitations on the use of real property. Subdivision platting was originally envisioned as a procedure to ensure orderly development of property within the jurisdiction of a municipality. Many local land use regulations promulgated in recent years focus on the “environment” and purport to be necessary to conserve and protect natural resources. A complex network of federal and state statutes now exists which regulates the use of real property in order to protect …
Utah International, Inc. V. Watt: Adjudicative Or Legislative Hearing, Sara G. Smith
Utah International, Inc. V. Watt: Adjudicative Or Legislative Hearing, Sara G. Smith
Kentucky Law Journal
No abstract provided.
Native American Culture: The Use Of Feathers As A Protected Right, John Geb
Native American Culture: The Use Of Feathers As A Protected Right, John Geb
American Indian Law Review
No abstract provided.
Indian Wills: Tooahnippah V. Hickle--Administrative And Judicial Review, Randall Elliott
Indian Wills: Tooahnippah V. Hickle--Administrative And Judicial Review, Randall Elliott
American Indian Law Review
No abstract provided.
The Four Corners Power Complex: Pollution On The Reservation, Laurence A. Mchugh
The Four Corners Power Complex: Pollution On The Reservation, Laurence A. Mchugh
Indiana Law Journal
No abstract provided.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Labor Law-Injunction-United States V. United Mine Workers Of America, R. L. Cardon, R. O. Hancox S.Ed., P. F. Westbrook, Jr. S.Ed.
Michigan Law Review
This comment was originally prepared as a discussion of the decision of the District Court for the District of Columbia. Since it seemed probable that the Supreme Court's decision would be rendered before or shortly after the comment could be published in normal course, the editors decided to delay the printing of this issue of the Review so that a discussion of the Supreme Court opinions could be included. References to the opinions of the Supreme Court Justices appear in brackets.Ed.] Following a breakdown in the collective bargaining process in the spring of 1946 between the majority of …
Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover
Principal And Surety - Discharge Of Surety For A Lessee By Assignment Of The Lease, H. Martin Peckover
Michigan Law Review
Lands set aside by statute as common property of the Chickasaw and Choctaw Indian tribes were, pursuant to an act of Congress, leased to one Gunther by mining trustees of the tribes. The lease contained covenants to pay "stipulated annual advance royalties," and also provided that no assignment should be made without the consent of the trustees "subject to the approval of the Secretary of the Interior." Defendant surety company executed a bond for the faithful performance of the terms of the lease, and the same was duly approved. Then Gunther, with the consent of the trustees, but not the …