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Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter 2020 University of New Mexico

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Murray V. Bej Minerals, Llc, Brett Berntsen 2019 Alexander Blewett III School of Law at the University of Montana

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as ...


Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. WerBell V 2019 Alexander Blewett III School of Law at the University of Montana

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s ...


Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner 2019 Alexander Blewett III School of Law at the University of Montana

Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending ...


Recent Case Decisions, 2019 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Gaping Hole: Darning International Corporate Liability For Environmental Disasters And Human Rights, Veronica Threadgill 2019 University of Oklahoma College of Law

Gaping Hole: Darning International Corporate Liability For Environmental Disasters And Human Rights, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Give Me Disproportionate Economic Hardship Or Give Me Death: The Application Of Administrative Review To The Renewable Fuel Standard – Sinclair Wyoming Refining Co. V. Epa, Andrew Rasbold 2019 University of Oklahoma College of Law

Give Me Disproportionate Economic Hardship Or Give Me Death: The Application Of Administrative Review To The Renewable Fuel Standard – Sinclair Wyoming Refining Co. V. Epa, Andrew Rasbold

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


There Will Be Blood: The New Rules Of Oklahoma Oil And Gas Civil Liability, Hunter W. Mattocks 2019 University of Oklahoma College of Law

There Will Be Blood: The New Rules Of Oklahoma Oil And Gas Civil Liability, Hunter W. Mattocks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Vicissitudes Of Life: Meier V. Chesapeake Operating, Kelsee Kephart 2019 University of Oklahoma College of Law

The Vicissitudes Of Life: Meier V. Chesapeake Operating, Kelsee Kephart

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Cybersecurity And Offshore Oil: The Next Big Threat, Jamie Crandal 2019 University of Oklahoma College of Law

Cybersecurity And Offshore Oil: The Next Big Threat, Jamie Crandal

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction And Front Pages, Collin McCarthy 2019 University of Oklahoma College of Law

Editor's Introduction And Front Pages, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons 2019 Boston College Law School

Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons

Daniel Lyons

No abstract provided.


To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons 2019 Boston College Law School

To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons

Daniel Lyons

No abstract provided.


The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Revisiting Net Neutrality, Daniel A. Lyons 2019 Boston College Law School

Revisiting Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.


Revisiting The Public Utility, Jim Rossi, Morgan Ricks 2019 Selected Works

Revisiting The Public Utility, Jim Rossi, Morgan Ricks

Morgan Ricks

This foreword introduces "Revisiting the Public Utility," a series of essays published in a special issue of Yale Journal on Regulation. We cluster the contributions to this issue around public utility regulation’s core rationales and its scope, its implications for innovation and industry stability, and its evolving approach to price regulation. The scholarship represented in this issue challenges the notion that public utility ideas are obsolete or irrelevant to modern issues in economic regulation. It questions whether public utility regulation has fallen short of its goals, and shows that there are some good reasons to question many embedded regulatory ...


Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks 2019 Elisabeth Haub School of Law at Pace University

Microgrids: Legal And Regulatory Hurdles For A More Resilient Energy Infrastructure, Raquel Parks

Pace Environmental Law Review

Natural disasters and climate change have made it apparent that energy infrastructure needs to be modernized and microgrids are one type of technology that can help the electricity grid become more resilient, reliable, and efficient. Different states have begun developing microgrid pilot projects including California, New York, Connecticut, and Pennsylvania. The City of Pittsburgh, Pennsylvania is the first city to propose implementing “energy districts” of microgrids that will serve as critical infrastructure, in the first phase, and then expand to commercial and community settings. This large project involves many shareholders including public utilities, government agencies, and private entities. Utilizing microgrids ...


Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder 2019 Babst, Calland, Clements & Zomnir

Law, Cultural Heritage, And Climate Change In The United States, Casey J. Snyder

Pace Environmental Law Review

Climate change is a reality. What happens climatically over the upcoming centuries is partially dependent on the comprehensiveness of a global response to curb emissions of greenhouse gases. However, within a century, forecasts predict a one-meter sea level rise that could have grave implications to our society: the loss of an incalculable extent of cultural heritage. This Article examines the threat climate change poses to physical cultural heritage, like archaeological sites and historic structures, and the current framework of law, regulation, and policy in the United States meant to protect these resources. This Article blends research and data from climate ...


State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger 2019 University of California, Davis, School of Law

State Public Nuisance Claims And Climate Change Adaptation, Albert C. Lin, Michael Burger

Pace Environmental Law Review

This Article explores the potential for state public nuisance claims to facilitate adaptation, resource protection, and other climate change responses by coastal communities in California. The California public nuisance actions represent just the latest chapter in efforts to spur responses to climate change and attribute responsibility for climate change through the common law. Part II of this Article describes the California public nuisance lawsuits and situates them in the context of common law actions directed against climate change. Part III considers the preliminary defenses that defendants have raised and could raise in the California public nuisance lawsuits, including the existence ...


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


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