Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ARCO; restoration damages (1)
- Beneficial interest (1)
- CERCLA (1)
- City of flint (1)
- EPA (1)
-
- Environment (1)
- Environmental (1)
- Environmental remediation (1)
- Federal-office removal statute (1)
- Flint (1)
- Indian Law (1)
- Mays v. City of Flint Michigan (1)
- Michigan Department of Environmental Quality (1)
- Mineral (1)
- Mineral development (1)
- Mineral estate (1)
- Mineral lease (1)
- Mining (1)
- Native American Law (1)
- Oklahoma (1)
- Osage (1)
- Osage Act (1)
- Osage Nation (1)
- Osage Wind (1)
- Preemption (1)
- Restoration (1)
- Superfund (1)
- Surface estate (1)
- Tribal (1)
- Tribe (1)
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Torts
Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly
Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly
Public Land & Resources Law Review
Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.
Mays V. City Of Flint, Michigan, Nathan A. Burke
Mays V. City Of Flint, Michigan, Nathan A. Burke
Public Land & Resources Law Review
In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …
United States V. Osage Wind, Llc, Summer Carmack
United States V. Osage Wind, Llc, Summer Carmack
Public Land & Resources Law Review
The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian law …
Takings, Torts, And Background Principles, Sandra B. Zellmer
Takings, Torts, And Background Principles, Sandra B. Zellmer
Faculty Law Review Articles
No abstract provided.