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Articles 1 - 30 of 77
Full-Text Articles in Administrative Law
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Fordham Environmental Law Review
No abstract provided.
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Fordham Environmental Law Review
No abstract provided.
Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal
Fordham Environmental Law Review
No abstract provided.
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Fordham Environmental Law Review
No abstract provided.
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
Public Land & Resources Law Review
A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
Peyote Crisis Confronting Modern Indigenous Peoples: The Declining Peyote Population And A Demand For Conservation, James D. Muneta
American Indian Law Journal
Once abundant, the wild growing peyote cactus plants in Texas and Mexico are being drastically reduced and becoming scarce. Peyote, a slow growing cactus contains the hallucinogenic drug mescaline, is a sacred sacrament used in the Native Americans Church (NAC). It is also used religiously by various Indian tribes throughout the country of Mexico. Although peyote is classified as a controlled substance under federal and state laws, U.S. Congress granted NAC members a “peyote exemption” pursuant to the American Indian Religious Freedom Act to legally use peyote for religious purposes. In U.S. v. Boyll, the federal district court interpreted the …
Introduction, Rick Applegate
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Responsible Energy Storage For A Renewable Electrical Grid, Matt Longacre
Seattle Journal of Technology, Environmental & Innovation Law
The United States economy, its national security, and even the health and safety of its citizens depend on reliably available electricity. Electricity is largely available through the grid – more than 9,200 generating units, capable of generating more than one terawatt of electricity, connected to more than 600,000 miles of wire. The grid extends to nearly everything: from charging cellphones to cellphone towers, from light emitting diodes to street lights, and from parking meters to electric cars; the grid has become ubiquitous.
The current grid infrastructure has been valued at two trillion dollars, but much of it is aging to …
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing …
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Seattle Journal of Technology, Environmental & Innovation Law
With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest …
When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox
When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster
Public Land & Resources Law Review
The Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Public Land & Resources Law Review
A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use plans.
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Great Debate, Dorothy Bradley
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970, Dorothy Bradley
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
Public Land & Resources Law Review
No abstract provided.