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Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein 2017 Alexander Blewett III School of Law at the University of Montana

Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein

Public Land and Resources Law Review

In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.


Traditional Knowledge In The Time Of Neo-Liberalism: Access And Benefit-Sharing Regimes In India And Bhutan, Indrani Barpujari, Ujjal Kumar Sarma 2017 Atal Bihari Vajpayee Institute of Good Governance and Policy Analysis

Traditional Knowledge In The Time Of Neo-Liberalism: Access And Benefit-Sharing Regimes In India And Bhutan, Indrani Barpujari, Ujjal Kumar Sarma

The International Indigenous Policy Journal

In a neoliberal world, traditional knowledge (TK) of biodiversity possessed by Indigenous and Local Communities (ILCs) in the global South has become a valuable "commodity" or "bio-resource," necessitating the setting up of harmonized ground rules (international and national) in the form of an access and benefit-sharing regime to facilitate its exchange in the world market. Despite criticisms that a regime with a neo-liberal orientation is antithetical to the normative ethos of ILCs, it could also offer a chance for developing countries and ILCs to generate revenue for socioeconomic development—to which they are gradually becoming open, but only under fair ...


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 ...


Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins 2017 Florida International University College of Law

Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins

Kalyani Robbins

One of the most promising routes to a sustainable energy future, as well as climate change mitigation, is the development of renewable energy sources such as wind, solar energy, and hydropower. Indeed, scientists have proposed plans to move completely (100 percent!) to these energy sources within a couple of decades. Mark Z. Jacobson and M.A. Delucchi, scientists from Stanford and U.C. Davis, have outlined a plan to achieve this goal, thereby “eliminating all fossil fuels”. Hydroelectric power already provides almost one-fifth of the world's electricity, and wind and solar development is rapidly picking up as well. However ...


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 ...


Eliminating Passive Disposal: Equalizing Liability Among Current And Prior Owners And Operators In The Comprehensive Environmental Response, Compensation, And Liability Act Of 1980, Joe Amadon 2017 S.J. Quinney College of Law, University of Utah.

Eliminating Passive Disposal: Equalizing Liability Among Current And Prior Owners And Operators In The Comprehensive Environmental Response, Compensation, And Liability Act Of 1980, Joe Amadon

Utah Law Review

It seems clear, through the 1986 SARA, that Congress did not want innocent parties who conducted due diligence in inspecting the land to be liable under CERCLA. Thus, expanding CERCLA’s definition of disposal to attach liability to passive conduct is inconsistent with Congress’s intent. Therefore, in order to align enforcement of CERCLA with its dual purposes and Congress’s intent in enacting the Act, disposal should be interpreted to exclude passive migration of hazardous substances when the owner or operator knows nothing of the presence of the hazardous substance that is spreading.


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