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5,731 full-text articles. Page 3 of 91.

Arkansas, Kelli D. Smith 2018 University of Oklahoma College of Law

Arkansas, Kelli D. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Alaska, Steven A. Rhodes, Zachary H. Barrett, Sierra Williams 2018 University of Oklahoma College of Law

Alaska, Steven A. Rhodes, Zachary H. Barrett, Sierra Williams

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Collin McCarthy 2018 University of Oklahoma College of Law

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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 ...


Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins 2018 University of San Diego

Hope On The Horizon For Offshore Wind Development? An Examination Of The Regulatory Framework Rhode Island Navigated To Make The Nation’S First Offshore Wind Farm A Reality, And The Implication For California’S Ability To Adopt A Similar Approach Under The Coastal Zone Management Act, Lauren Perkins

San Diego Journal of Climate & Energy Law

After establishing the reasons for why creating a more efficient permitting system is crucial, this Article examines the question of under what conditions BOEM, the lead agency in the offshore wind permitting process, delegates authority to a state so that it may permit a project in federal waters under the CZMA without running into federal preemptory roadblocks. This question is of utmost significance in California and Hawaii where projects utilizing floating turbine technology are proposed to be located in federal waters to take advantage of optimal wind gusts farther offshore. After examining the conditions favorable for federal delegation of the ...


Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey 2018 Alexander Blewett III School of Law at the University of Montana

Upstate Citizens For Equality, Inc. V. United States, Kirsa Shelkey

Public Land & Resources Law Review

The Indian Reorganization Act of 1935 is the proper avenue for Tribes pursuing restoration of their historic trust lands. The Oneida Indian Nation of New York long sought to reassert tribal jurisdiction over its historic homeland in Central New York. These efforts were largely unsuccessful until 2008 when the United States took 13,000 acres of this historic homeland into trust on behalf of the Tribe under the Indian Reorganization Act. This case affirms the federal government’s plenary powers over Indian Tribes, and that neither state sovereignty principles, nor the Enclave Clause upset that authority.


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.


California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. WerBell V 2018 Alexander Blewett III School of Law at the University of Montana

California Department Of Toxic Substances Control V. Westside Delivery, Llc, Mitch L. Werbell V

Public Land & Resources Law Review

The Ninth Circuit’s recent decision in California Department of Toxic Substances Control v. Westside Delivery, LLC reminds prospective purchasers of tax-defaulted property of their responsibility for due diligence.The case addressed the reach of the third-party defense to a CERCLA cost recovery action. The court determined that CERCLA’s third-party defense did not apply to a company which purchased a contaminated property at a tax auction because of its “contractual relationship” with the former owner-polluter and because the relevant contaminating acts occurred “in connection with” the prior polluter’s ownership of the site.


Western Organization Of Resource Councils V. Zinke, Daniel Brister 2018 Alexander Blewett III School of Law at the University of Montana

Western Organization Of Resource Councils V. Zinke, Daniel Brister

Public Land & Resources Law Review

Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.


California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig 2018 S.J. Quinney College of Law, University of Utah

California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig

Utah Law Faculty Scholarship

Between 1900 and 2005, sea level along the extensive California coast rose seven inches (17.8 centimeters), and sea level rise there is still accelerating. Indeed, as the U.S. Global Change Research Program reported in 2014, the California coast faces a multitude of economic and ecological challenges as a result of climate change.Small wonder, then, that the State of California and several California communities—especially those in the San Francisco Bay area—have brought a series of lawsuits against some of the biggest sources of greenhouse gas (GHG) emissions, seeking both to slow the pace of climate change ...


Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward 2018 Florida State University College of Law

Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author provides an overview of the geography of Antarctica and describes the key treaty agreements governing the region. This is followed by a review of the prospects of oil exploitation in Antarctica and the surrounding seas, and an explanation of the necessary conditions for feasible oil exploitation. In another segment of this Comment, the author predicts the effect a significant Antarctic oil discovery would have on the Antarctic Treaty System and points out problems with the current Antarctic minerals regime, suggesting that the sovereignty issue must be resolved if future conflict is to be avoided in ...


Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer 2018 Florida State University College of Law

Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Natural Resource Damages: Restitution As A Mechanism To Slow Destruction Of Florida's Natural Resources, James S. Matson, Ph.D., J. Allison DeFoor, II 2018 Florida State University College of Law

Natural Resource Damages: Restitution As A Mechanism To Slow Destruction Of Florida's Natural Resources, James S. Matson, Ph.D., J. Allison Defoor, Ii

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Government Subsidy Of Coastal Barrier Development, Mike Donovan 2018 Florida State University College of Law

Government Subsidy Of Coastal Barrier Development, Mike Donovan

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Recent Case Decisions, 2018 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Legal Developments In 2017 Affecting The Oil And Gas Exploration And Production Industry, Mark D. Christiansen, Editor 2018 University of Oklahoma College of Law

Legal Developments In 2017 Affecting The Oil And Gas Exploration And Production Industry, Mark D. Christiansen, Editor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Collin McCarthy 2018 University of Oklahoma College of Law

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Eulogizing Renewable Energy Policy, Lincoln L. Davies 2018 S.J. Quinney College of Law, University of Utah

Eulogizing Renewable Energy Policy, Lincoln L. Davies

Utah Law Faculty Scholarship

Across the globe, renewable energy policy is changing. The change is coming so quickly that it appears the world is now on the cusp of a new future. The renewable energy policy of the past is on its way out; a new and different policy is taking its place. That new policy has different end goals, implementing mechanisms, and strategies than its predecessors. This is not just policy evolution but a policy revolution. The labels of the past soon no longer will apply because they are being merged and blurred — and replaced. Using the U.S. electricity sector as its ...


Cleaning Up Our Toxic Coasts: A Precaution And Human Health-Based Approach To Coastal Adaptation, Robin Kundis Craig 2018 S.J. Quinney College of Law, University of Utah

Cleaning Up Our Toxic Coasts: A Precaution And Human Health-Based Approach To Coastal Adaptation, Robin Kundis Craig

Utah Law Faculty Scholarship

Hurricanes in the United States in 2005, 2012, and 2017 have all revealed an insidious problem for coastal climate change adaptation: toxic contamination in the coastal zone. As sea levels rise and violent coastal storms become increasingly frequent, this legacy of toxic pollution threatens immediate emergency response, longer term human health, and coastal ecosystems’ capacity to adapt to changing coastal conditions.

Focusing on Hurricane Harvey’s 2017 devastation of Houston, Texas, as its primary example, this Article first discusses the toxic legacy still present in many coastal environments. It then examines the existing laws available to clean up the coastal ...


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


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