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Full-Text Articles in Legal History

Agency Genesis And The Energy Transition, Sharon B. Jacobs Jan 2021

Agency Genesis And The Energy Transition, Sharon B. Jacobs

Publications

Commentators and policymakers frequently propose new government agencies in response to novel or intractable problems. New agencies can refocus public attention on the problems they regulate. They can attract new talent and bypass calcified or captured channels. But they are also costly, and there is no guarantee that they will be more successful than their predecessors.

This Article examines agency genesis at the state level. In the process, it expands recent thinking about the administrative separation of powers to the states. At the federal level, setting up agency rivalries within the executive branch can be an effective tool for mitigating …


Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel Jan 2018

Standing Rock, The Sioux Treaties, And The Limits Of The Supremacy Clause, Carla F. Fredericks, Jesse D. Heibel

Publications

The controversy surrounding the Dakota Access Pipeline (“DAPL”) has put the peaceful plains of North Dakota in the national and international spotlight, drawing thousands of people to the confluence of the Missouri and Cannonball Rivers outside of Standing Rock Sioux Reservation for prayer and peaceful protest in defense of the Sioux Tribes’ treaties, lands, cultural property, and waters. Spanning over 7 months, including the harsh North Dakota winter, the gathering was visited by indigenous leaders and communities from around the world and represents arguably the largest gathering of indigenous peoples in the United States in more than 100 years.

At …


Administrative Dissents, Sharon B. Jacobs Jan 2017

Administrative Dissents, Sharon B. Jacobs

Publications

Commissioners, like judges, dissent. They do so at length, with vigor, and with persistence. Yet while separate judicial decisions are the subject of a rich literature, their administrative counterparts have long languished in obscurity. A closer look is warranted, however, because studying administrative dissent can enhance our understanding of internal agency operations as well as the relationships between agencies and other actors. This Article presents the results of an original review of separate statements at the Federal Energy Regulatory Commission and the Nuclear Regulatory Commission dating back four decades. It uses these findings to move beyond two common generalizations about …


Arnold Schwarzenegger And Our Common Future, Sarah Krakoff Jan 2005

Arnold Schwarzenegger And Our Common Future, Sarah Krakoff

Publications

No abstract provided.


Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson Jan 2003

Filling In The Blank Spots On Powell's And Stegner's Maps: The Role Of Modern Indian Tribes In Western Watersheds, Charles Wilkinson

Publications

No abstract provided.


Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson Jan 1996

Home Dance, The Hopi, And Black Mesa Coal: Conquest And Endurance In The American Southwest, Charles F. Wilkinson

Publications

No abstract provided.


A Great Loneliness Of Spirit, Charles F. Wilkinson Jan 1995

A Great Loneliness Of Spirit, Charles F. Wilkinson

Publications

No abstract provided.


Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler Jun 1985

Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

51 pages.

Contains references.


Readjustment Of Federal Coal Leases, Marilyn S. Kite Jun 1985

Readjustment Of Federal Coal Leases, Marilyn S. Kite

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

19 pages.

Contains references.


Leases For Other Minerals: Recent Developments, Thomas F. Cope Jun 1985

Leases For Other Minerals: Recent Developments, Thomas F. Cope

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

14 pages.

Contains references.


The Federal Coal Leasing Program, John Latz Jun 1985

The Federal Coal Leasing Program, John Latz

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

22 pages (includes 1 illustration and 1 map).

Contains 3 pages of references.


Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone Jun 1985

Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

37 pages.

Contains 2 pages of references.


State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell Jun 1985

State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

27 pages.

Contains references.


Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom Jun 1985

Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

89 pages.

Contains 8 attachments:

1) Indian Mineral Development Act of 1982, Public Law 97-382 - Dec. 22, 1982.

2) Proposed BIA Regulations, 25 C.F.R. 225 and 211, Federal Register, Vol. 48, No. 134, Tuesday, July 12, 1983.

3) Billings Area Office Procedures.

4) Flow Chart.

5) Oil and Gas Exploration Joint Venture Agreement.

6) Federal Oil and Gas Royalty Management Act of 1982, Public Law 97-451 [H.R. 5121], January 12, 1983.

7) 30 C.F.R., Part 210, 212, 217, 218, 219, 228, 229, 241, 243, Federal Register, Vol. 49, No. 185, Friday, September 21, 1984.

8) 43 C.F.R., Part 3160, …


Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center Jun 1985

Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.

Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.


Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon Jun 1985

Environmental Considerations In Public Lands Mineral Leasing And Development I, Karin P. Sheldon

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

18 pages.

Contains 2 pages of references.


Current Developments In Public Lands Administration, Lawrence G. Mcbride Jun 1985

Current Developments In Public Lands Administration, Lawrence G. Mcbride

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

24 pages.


Lands Available For Mineral Leasing, John R. Little, Jr. Jun 1985

Lands Available For Mineral Leasing, John R. Little, Jr.

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

14 pages.

Contains references.


Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford Jun 1985

Federal Lands Leasing Policy In The Second Reagan Administration, Robert F. Burford

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

11 pages.


Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske Jun 1985

Pitfalls In Federal Oil And Gas Leasing Practice, Terry N. Fiske

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

13 pages.

Contains references.


Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey Jun 1985

Federal Royalty Management On Federal Onshore And Indian Lands: Industry Concerns, R. Carol Harvey

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

68 pages.

Contains references.

Contains 8 appendices.


Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith Jun 1985

Environmental Considerations In Public Lands Mineral Leasing And Development Ii, Jerome C. Muys, John F. Shepherd, Susan L. Smith

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

62 pages.

Contains 6 attachments.


Royalty Management I: Current Status, Robert E. Boldt Jun 1985

Royalty Management I: Current Status, Robert E. Boldt

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

2 pages.


Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars Jun 1985

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.


Water Project Financing Needs In Colorado, J. William Mcdonald Jun 1985

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson Jun 1985

Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson

Western Water Law in Transition (Summer Conference, June 3-5)

4 pages.

Contains text of Colorado House Bill No.1088, as amended 4/15/85.


The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell Jun 1985

The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell

Western Water Law in Transition (Summer Conference, June 3-5)

20 pages.

Contains references.


Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr. Jun 1985

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.


Unresolved Issues In Federal Reserved Rights, Michael D. White Jun 1985

Unresolved Issues In Federal Reserved Rights, Michael D. White

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.


Putting Indian Reservation Water Rights To Use, Richard B. Collins Jun 1985

Putting Indian Reservation Water Rights To Use, Richard B. Collins

Western Water Law in Transition (Summer Conference, June 3-5)

10 pages.