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Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein 2017 Alexander Blewett III School of Law at the University of Montana

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land and Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.


Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland 2017 Boston College Law School

Footing The Bill For Natural Gas Leaks: Why States Should Limit Cost Recovery Of Lost And Unaccounted For Gas, Liam Holland

Boston College Law Review

State statutes prohibit unjust or unreasonable natural gas utility rates. Public Utility Commissions (“PUCs”) administer these state laws and permit gas distribution companies to recover natural gas commodity costs related to lost and unaccounted for gas from customers through “purchased gas adjustment clauses.” In most of those states, PUCs permit "total recovery" of all lost and unaccounted for gas costs via these clauses using periodic rate adjustments. A small number of PUCs have reformed purchase gas adjustment clauses in order to incentivize gas distribution companies to reduce lost and unaccounted for gas. This Note advocates for all state public utility ...


Use Of The Special Warranty In Oklahoma And Texas Oil And Gas Transactions, James R. Strawn 2017 University of Oklahoma College of Law

Use Of The Special Warranty In Oklahoma And Texas Oil And Gas Transactions, James R. Strawn

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Recent Case Decisions, 2017 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Minimizing Antitrust Risks In Joint Ventures, Joint Bidding, And Amis: A Review Of Recent Enforcement Activities, William M. Katz, Jr., Catherine Clemons, Alexander T. Dimock 2017 University of Oklahoma College of Law

Minimizing Antitrust Risks In Joint Ventures, Joint Bidding, And Amis: A Review Of Recent Enforcement Activities, William M. Katz, Jr., Catherine Clemons, Alexander T. Dimock

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Current And Emerging Issues In Oil And Gas Title Examination, Timothy C. Dowd 2017 University of Oklahoma College of Law

Current And Emerging Issues In Oil And Gas Title Examination, Timothy C. Dowd

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Energy Litigation Update 2016, Mark D. Christiansen 2017 University of Oklahoma College of Law

Energy Litigation Update 2016, Mark D. Christiansen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


2016 Eugene Kuntz Award For Leadership In Natural Resources Law And Policy: Larry Nichols, R. Clark Musser 2017 University of Oklahoma College of Law

2016 Eugene Kuntz Award For Leadership In Natural Resources Law And Policy: Larry Nichols, R. Clark Musser

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Micah L. Adkison 2017 University of Oklahoma College of Law

Editor's Introduction, Micah L. Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie 2017 University of New Mexico School of Law

On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie

Alex Ritchie

In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least ...


Wyoming V. United States Department Of The Interior, Arie R. Mielkus 2017 Alexander Blewett III School of Law at the University of Montana

Wyoming V. United States Department Of The Interior, Arie R. Mielkus

Public Land and Resources Law Review

Responding to an overpopulation of wild horses on the BLM lands in the state, Wyoming sued the Secretary of the Interior and the BLM for failure to manage the excess numbers. Wyoming’s claim, based on the Wild Horses and Burros Act and Administrative Procedure Act, jumped the gun by bringing it before the BLM made its determination that removal was necessary to manage the overpopulation.


Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins 2017 University of Georgia School of Law

Law Of The Sea-Submerged Lands-A State Must Exercise Substantial, Continuous, And Recognized Authority To Establish A Body Of Water As A Historic Bay, Sarah Melissa Stebbins

Georgia Journal of International & Comparative Law

No abstract provided.


The Oecd Guiding Principles On Transfrontier Pollution, Robert E. Stein 2017 American University,Washington. DC

The Oecd Guiding Principles On Transfrontier Pollution, Robert E. Stein

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro 2017 Harvard University

Conference Of Soviet And American Jurists On The Law Of The Sea And The Protection Of The Marine Environment, Milton Katz, Richard R. Baxter, O. V. Bogdanov, William E. Butler, Thomas M. Franck, Richard Frank, P. P. Gureev, John L. Hargrove, L. A. Ivanaschenko, Y. Kasmin, V. A. Kiselev, B. M. Klimenko, H. G. Knight, O. S. Kolbasov, A. L. Kolodkin, V. M. Koretsky, F. N. Kovalev, V. N. Kudrjavtsev, B. A. Kuvshinnikov, M. I. Lazarev, A. L. Makovsky, Charles W. Maynes, P. A. Moiseev, John N. Moore, A. P. Movchan, T. M. Starzhina, Robert E. Stein, Grigory I. Tunkin, E. T. Usenko, A. F. Vysotsky, A. K. Zhudro

Georgia Journal of International & Comparative Law

Included in the papers for the Conference of Soviet and American Jurists on the Law of the Sea and the Protection of the Marine Environment:

Introduction by Milton Katz and Richard R. Baxter, p. 1

Freedom of Scientific Research in the World Ocean by A.F. Vysotsky, p. 7

The International Law of Scientific Research in the Oceans by Richard R. Baxter, p. 27

Responsibility and Liability for Harm to the Marine Environment by Robert E. Stein, p. 41

Liability for Marine Environment Pollution Damage in Contemporary International Sea Law by A. L. Makovsky, p. 59

Protection of the Marine ...


Helping Hand Tools V. United States Environmental Protection Agency, Emily A. Slike 2017 Alexander Blewett III School of Law at the University of Montana

Helping Hand Tools V. United States Environmental Protection Agency, Emily A. Slike

Public Land and Resources Law Review

When the EPA decided to treat biomass fuel sources differently within the BACT analysis, the Ninth Circuit continued Chevron’s legacy and granted the agency deference. The Bioenergy BACT may develop as science continues to evolve, but because the EPA took a “hard look” during a thorough permit review, the court held that agency issuance of new BACT guidelines was reasonable.


Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier 2017 University of Toronto

Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier

Western Journal of Legal Studies

Canadian Prime Minister Justin Trudeau has repeatedly promised to meet the Indian Residential School Truth and Reconciliation Commission’s recommendation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a framework for reconciliation. This commitment is significant as Canada’s position on UNDRIP has been highly contested. In particular, the compatibility of UNDRIP’s Free, Prior, and Informed Consent (FPIC) standard with Canadian law has been repeatedly called into question. This work evaluates the possibility and importance of implementing FPIC in Canada. It begins with an overview of FPIC internationally and of FPIC in relation ...


The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Daniel H. Cole, Stefan Carpenter, Elizabeth Baldwin 2017 Indiana University Maurer School of Law

The Polycentric Turn: A Case Study Of Kenya's Evolving Legal Regime For Irrigation Waters, Daniel H. Cole, Stefan Carpenter, Elizabeth Baldwin

Articles by Maurer Faculty

Formal legal systems comprise a major part, but not the only part, of the “rules of the game” that structure social and social-ecological interactions. Throughout the twentieth century, centralization and consolidation of legal authority were dominant themes among many, if not all, legal systems. That process may have been successful in some cases, but in others the presumed economies of scale from consolidation and centralization either did not materialize or were offset by other social costs, including the failure to accommodate local knowledge, expertise, and preferences. In what could become a theme of the twenty-first century, many countries, including developing ...


Center For Biological Diversity V. Jewell, Kirsa Shelkey 2016 University of Montana

Center For Biological Diversity V. Jewell, Kirsa Shelkey

Public Land and 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.


United States V. Washington, Kirsa Shelkey 2016 University of Montana

United States V. Washington, Kirsa Shelkey

Public Land and Resources Law Review

Pacific Northwest Treaties, now known as the Stevens Treaties, were negotiated in the 1850’s between the U.S. and Indian tribes, including the Suquamish Indian Tribe, Jamestown S'Klallam, Lower Elwha Band of Klallams, Port Gamble Clallam, Nisqually Indian Tribe, Nooksack Tribe, Sauk-Suiattle Tribe, Skokomish Indian Tribe, Squaxin Island Tribe, Stillaguamish Tribe, Upper Skagit Tribe, Tulalip Tribes, Lummi Indian Nation, Quinault Indian Nation, Puyallup Tribe, Hoh Tribe, Confederated Tribes and Bands of the Yakama Indian Nation, Quileute Indian Tribe, Makah Indian Tribe, Swinomish Indian Tribal Community, and the Muckleshoot Indian Tribe (“Tribes”). The Stevens Treaties stated that “the right ...


Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman 2016 Roger Williams University School of Law

Trending @ Rwu Law: Julia Wyman's Post: The Threat Of Marine Debris 12-13-2016, Julia Wyman

Law School Blogs

No abstract provided.


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