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Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey

Public Land & Resources Law Review

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor ...


Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western 2018 Haub School of Environment and Natural Resources and the University of Wyoming College of Law

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain ...


Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot 2018 University of Denver Sturm College of Law

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of ...


Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas 2018 Alexander Blewett III School of Law at the University of Montana

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages ...


Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson 2018 University of New Mexico School of Law

Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson

Public Land & Resources Law Review

No abstract provided.


Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic 2018 Alexander Blewett III School of Law at the University of Montana

Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic

Public Land & Resources Law Review

No abstract provided.


Center For Biological Diversity V. Zinke, Ryan Hickey 2018 Alexander Blewett III School of Law at the University of Montana

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 ...


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker 2018 Alexander Blewett III School of Law at the University of Montana

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit ...


Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains 2018 Alexander Blewett III School of Law at the University of Montana

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA ...


California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers 2018 Alexander Blewett III School of Law at the University of Montana

California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers

Public Land & Resources Law Review

In California Sea Urchin Commission v. Bean, the Ninth Circuit upheld the Fish and Wildlife Service’s decision to end an experimental sea otter colony and translocation program. Commercial fishing groups sought reversal of the decision due to their interest in maintaining the translocation program which reduced otter predation on commercially valuable shellfish. While the Ninth Circuit held the group had standing, it then applied the Chevron test and determined the agency’s actions were reasonable.


Buffalo Field Campaign V. Zinke, Hallee C. Kansman 2018 Alexander Blewett III School of Law at the University of Montana

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.


Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley 2018 Golden Gate University School of Law

Katrina To Maria: Pet Evacuation In The Eye Of The Storm, Tara Cooley

GGU Law Review Blog

In 2006, Congress passed the Pet Evacuation and Transportation Standards (PETS) Act, a landmark act for emergency preparedness. PETS requires a community’s emergency plan account for the needs of families with companion or service animals. PETS provided protection to pets and their families during Hurricane Sandy, Harvey, Irma, and Maria. The image of evacuation has changed a lot from Katrina to Harvey. Eicher, an evacuee during Hurricane Harvey, shouted to first responders, “We have two kids with down syndrome, a pig and a three-legged dog.” The first responder’s reply: “Sounds good, (let’s) do this.” During preparation for ...


Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen 2018 St. Mary's University School of Law

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming


At Your Service! Assistance Animals And The Law In Michigan, Virginia C. Thomas 2018 Wayne State University

At Your Service! Assistance Animals And The Law In Michigan, Virginia C. Thomas

Library Scholarly Publications

No abstract provided.


What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List, Christopher M. Lambe 2018 Villanova University Charles Widger School of Law

What's All The Buzz About? Analyzing The Decision To List The Rusty Patched Bumblebee On The Endangered Species List, Christopher M. Lambe

Villanova Environmental Law Journal

No abstract provided.


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth 2018 Boston College Law School

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

David A. Wirth

No abstract provided.


Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor 2018 Alexander Blewett III School of Law at the University of Montana

Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor

Public Land & Resources Law Review

This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and ...


Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie McCarthy 2018 Barry University School of Law

Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned 2018 Barry University School of Law

Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned

Environmental and Earth Law Journal (EELJ)

No abstract provided.


From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall 2018 Barry University School of Law

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.


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