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- Natural Resources Law (48)
- Environmental Law (43)
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- Natural Resources Management and Policy (40)
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- Water Law (39)
- State and Local Government Law (38)
- Social and Behavioral Sciences (35)
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- Institution
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- Publication
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- Public Land & Resources Law Review (11)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (6)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (5)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (4)
- Coalbed Methane Development in the Intermountain West (April 4-5) (3)
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- Water Organizations in a Changing West (Summer Conference, June 14-16) (3)
- Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19) (2)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (2)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (2)
- Water and Growth in the West (Summer Conference, June 7-9) (2)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (2)
- Best Practices for Community and Environmental Protection (October 14) (1)
- Biodiversity Protection: Implementation and Reform of the Endangered Species Act (Summer Conference, June 9-12) (1)
- Energy Field Tour 2003 (August 11-16) (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- FLPMA Turns 40 (October 21) (1)
- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (1)
- Outdoor Recreation: Promise and Peril in the New West (Summer Conference, June 8-10) (1)
- Patricia E. Salkin (1)
- Scholarly Works (1)
- Sustainable Use of the West's Water (Summer Conference, June 12-14) (1)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (1)
- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (1)
- Publication Type
Articles 1 - 30 of 54
Full-Text Articles in Land Use Law
Held V. State, Alec D. Skuntz
Held V. State, Alec D. Skuntz
Public Land & Resources Law Review
On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Citizens For Clean Energy V. United States Department Of The Interior, Anthony Reed
Public Land & Resources Law Review
In 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review.
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson
Public Land & Resources Law Review
The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.
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.
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 …
Crow Indian Tribe V. United States, Hallee Kansman
Crow Indian Tribe V. United States, Hallee Kansman
Public Land & Resources Law Review
The protection status of the Greater Yellowstone grizzly bear continues to elicit debate and find its way into the courtroom. In Crow Indian Tribe v. United States, for the second time in the last decade, a court held the Service’s attempt to delist the Yellowstone Grizzly arbitrary and capricious. Specifically, the court found the Service’s evaluation of remnant populations, recalibration, and genetic health deficient. This case demonstrates the importance in and the resilient motivation behind preserving grizzly bear populations and genetics. As the practice of delisting a species under the Endangered Species Act continues, this case will provide important …
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 …
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Save Our Cabinets V. U. S. Fish & Wildlife Service, Jaclyn Van Natta
Public Land & Resources Law Review
No abstract provided.
The Clark Fork Coalition V. Tubbs, Jonah P. Brown
The Clark Fork Coalition V. Tubbs, Jonah P. Brown
Public Land & Resources Law Review
Before landowners may appropriate groundwater in Montana, they must first apply for a DNRC permit pursuant to the Montana Water Use Act. Landowners may qualify for an exemption from the arduous permitting process if their appropriation meets certain criteria. However, the Act provides an exception to the exemption when a “combined appropriation” from the same source is in excess of ten acre-feet per year. The Clark Fork Coalition v. Tubbs affirmed the district court’s invalidation of the DNRC rule defining “combined appropriation” to only include physically connected groundwater wells.
Center For Biological Diversity V. Jewell, Kirsa Shelkey
Center For Biological Diversity V. Jewell, Kirsa Shelkey
Public Land & Resources Law Review
Following years of pressure to list the upper Missouri River population of Arctic grayling as an endangered or threatened species, the United States Fish and Wildlife Service issued a 2014 Finding that listing the fish was “not warranted at this time.” The Service relied on voluntary Candidate Conservation Agreements with Assurances in the Big Hole River Basin to determine that listing criteria under the Endangered Species Act was not met and therefore listing was not necessary. Ultimately, the court deferred to agency expertise and found that the Service’s decision not to list the Arctic grayling was reasonable.
Slides: Flpma In Its Historical Context, John D. Leshy
Slides: Flpma In Its Historical Context, John D. Leshy
FLPMA Turns 40 (October 21)
Presenter: John D. Leshy, Sunderland Distinguished Professor of Law Emeritus, U.C. Hastings College of the Law
36 slides
This session traces the history of FLPMA including, among other things, its legislative, administrative, and historical antecedents, including for example, the Public Land Law Review Commission’s 1970 report, One Third of Our Nation’s Lands. It then considers FLPMA’s unique public lands policies and requirements and how they are reflected in the BLM’s management of public lands today.
See: https://www.nps.gov/parkhistory/online_books/blm/history/contents.htm
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Patricia E. Salkin
No abstract provided.
Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband
Slides: Second Thoughts About The Antiquities Act: Does The Process For Public Land Decisionmaking Have An Ethical Dimension?, James R. Rasband
The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4)
Presenter: James R. Rasband, Dean of the J. Reuben Clark Law School, Brigham Young University (Provo, UT)
32 slides
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Best Practices for Community and Environmental Protection (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center
19 slides
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Slides: Modifying Prior Appropriation: The Spectrum Of Experiences, Adam Schempp
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Adam Schempp, Environmental Law Institute, Washington, DC
12 slides
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Slides: Next Evolutionary Steps In State Instream Flow Programs, Lawrence J. Macdonnell
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Lawrence J. MacDonnell, attorney and consultant, Boulder, CO
27 slides
Slides: Indian Water Rights, Robert T. Anderson
Slides: Indian Water Rights, Robert T. Anderson
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert T. Anderson, Native American Law Center, University of Washington Law School
19 slides
Slides: Water Towers In The Balance: Time For A New Water Project, Rick Cables
Slides: Water Towers In The Balance: Time For A New Water Project, Rick Cables
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Rick Cables, U.S. Forest Service, Rocky Mountain Region
9 slides
Slides: Unquenchable, Robert Glennon
Slides: Unquenchable, Robert Glennon
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Robert Glennon, Morris K. Udall Professor of Law and Public Policy, James E. Rogers College of Law, University of Arizona
56 slides
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Slides: Finding Flows: Fish Still Need Water Everyday, Melinda Kassen
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Melinda Kassen, Director of the Western Water Project, Trout Unlimited
12 slides
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Slides: Water Needs And Strategies For A Sustainable Future, Shaun Mcgrath
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Shaun McGrath, Program Director, Western Governors’ Association
25 slides
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Slides: Threats To Biological Diversity: Global, Continental, Local, J. Michael Scott
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: J. Michael Scott, U.S. Geological Survey, Idaho Cooperative Fish and Wildlife Research Unit, University of Idaho
38 slides
Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates
Sustainable Water Policies In The Rocky Mountain West: An Action Agenda, Sarah Bates
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Sarah Bates, Western Progress
10 pages.
Includes bibliographical references
"Review Draft, May 15, 2008"
Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough
Slides: "Mitaku Oyasin" Means "We Are All Related", Bob Gough
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Bob Gough, NativeEnergy, Inc.
72 slides
Slides: Energy Production And The West's Wild Places, Amy Mall
Slides: Energy Production And The West's Wild Places, Amy Mall
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Amy Mall, Senior Policy Analyst, Natural Resources Defense Council
28 slides
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
Slides: Summary: Sources Of Stress And The Changing Context Of Natural Resources Law And Policy In The New West, William R. Travis
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Dr. William R. Travis, Department of Geography, University of Colorado at Boulder
43 slides
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
19 pages.
"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Measure 37 And A Spoonful Of Kelo: A Recipe For Property Rights Activists At The Ballot Box, Patricia E. Salkin, Amy Lavine
Scholarly Works
No abstract provided.
Slides: Public Funding Sources In Mt: State Funding Sources, 3 Partnerships Examples, Alan Wood
Slides: Public Funding Sources In Mt: State Funding Sources, 3 Partnerships Examples, Alan Wood
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenter: Alan Wood, MT Department of Fish, Wildlife and Parks, Helena, MT
12 slides