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The Role Of The Courts In Guarding Against Privatization Of Important Public Environmental Resources, Melissa K. Scanlan 2018 Vermont Law School

The Role Of The Courts In Guarding Against Privatization Of Important Public Environmental Resources, Melissa K. Scanlan

Michigan Journal of Environmental & Administrative Law

Drinking water, beaches, a livable climate, clean air, forests, fisheries, and parks are all commons, shared by many users with diffuse and overlapping interests. These public natural resources are susceptible to depletion, overuse, erosion, and extinction; and they are under increasing pressures to become privatized. The Public Trust Doctrine provides a legal basis to guard against privatizing important public resources or commons. As such, it is a critical doctrine to counter the ever-increasing enclosure and privatization of the commons as well as ensure government trustees protect current and future generations. This Article considers separation of powers and statutory interpretation in ...


Helpless Giants? The National Park Service’S Ability To Influence And Manage External Threats To Redwood National And State Parks, Jack McLeod 2018 University of Notre Dame Law School

Helpless Giants? The National Park Service’S Ability To Influence And Manage External Threats To Redwood National And State Parks, Jack Mcleod

Notre Dame Law Review Online

This Essay analyzes the interactions between federal, state, and private landowners regarding Redwood National and State Parks (RNSP) to determine what power the National Park Service (NPS) has to stop the destruction of its trees resulting from externalities. Part I briefly discusses the historical development of RNSP, focusing on how its boundaries impact inner scenic resources. Part II argues that California state efforts have traditionally hampered redwood protection in RNSP, and Part III examines the limited resources the NPS possesses to protect redwoods. Ultimately, the NPS has few effective tools at its disposal to protect redwoods against external threats, except ...


Up For Grabs: The State Of Fossils Protection In (Recently) Unprotected National Monuments, John C. Ruple, Michael Henderson, Caitlin Ceci 2018 S.J. Quinney College of Law, University of Utah

Up For Grabs: The State Of Fossils Protection In (Recently) Unprotected National Monuments, John C. Ruple, Michael Henderson, Caitlin Ceci

Utah Law Faculty Scholarship

On December 4, 2017, President Trump removed 2 million acres of land from the Bears Ears and Grand Staircase-Escalante national monuments. President Trump justified the reductions in part by claiming that many of the objects contained in the original monuments were already protected by other federal laws, and that the protections previously afforded to sixty-three percent of the land in the two original monuments were “unnecessary for the care and management of the objects to be protected within the monument[s].” This article explains why, contrary to the President’s assertions, plant and invertebrate fossils on the more than two ...


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore III 2018 St. Mary's University School of Law

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Toward A National Conservation Network Act: Transforming Landscape Conservation On The Public Lands Into Law, Robert B. Keiter 2018 S.J. Quinney College of Law, University of Utah

Toward A National Conservation Network Act: Transforming Landscape Conservation On The Public Lands Into Law, Robert B. Keiter

Utah Law Faculty Scholarship

The United States has made a remarkable commitment to nature conservation on the federal public lands. The country’s existing array of national parks, wilderness areas, national monuments, wildlife refuges, and other protective designations encompasses roughly 150 million acres, or nearly 40 percent of the “lower 48” federal estate. A robust land trust movement has protected another 56 million acres of privately owned lands. Advances in scientific knowledge reveal that these protected enclaves, standing alone, are insufficient to protect native ecosystems and at-risk wildlife from climate change impacts and unrelenting development pressures. Abetted by existing law, conservation policy is now ...


Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig 2018 S.J. Quinney College of Law, University of Utah

Law Professor Amicus Brief In Massachusetts Lobstermen's Association V. Ross Regarding The Legality Of The Northeast Canyons And Seamounts Marine National Monument, Robin Kundis Craig

Utah Law Faculty Scholarship

This amicus brief discusses how, under domestic law, the President can establish national monuments, pursuant to the Antiquities Act, in the ocean. It focuses on the seabed's status as "land owned or controlled by the federal government" under U.S. law, as the Antiquities Act requires, and on the President's authority to regulate fishing within marine national monuments.


Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta 2018 Alexander Blewett III School of Law at the University of Montana

Navajo Nation V. Department Of The Interior, Jaclyn R. Van Natta

Public Land & Resources Law Review

In Navajo Nation v. Department of the Interior, the Navajo Nation challenged the Department of the Interior’s 2001 and 2008 water allocation guidelines and asserted that under NEPA and the APA the guidelines violated the Navajo Nation’s water rights. The Navajo Nation also asserted a breach of trust claim against the United States. After nearly a decade of attempted settlement negotiations, the Navajo Nation reasserted its complaints. The District Court for the District of Arizona denied the Navajo Nation’s motions, and the Navajo Nation appealed to the Ninth Circuit Court of Appeals, which determined the Navajo Nation ...


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land & Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler 2018 Alexander Blewett III School of Law at the University of Montana

Hawai'i Wildlife Fund V. County Of Maui, Lowell J. Chandler

Public Land & Resources Law Review

In Hawai’i Wildlife Fund v. County of Maui, the Ninth Circuit held that the plain language of the Clean Water Act provides jurisdiction over indirect discharges of pollutants from a point source into groundwater that is shown to be connected to navigable waters. The court found that studies confirmed pollutants entering the Pacific Ocean were fairly traceable to the County of Maui’s sewage disposal wells. In affirming the district court’s ruling, the Ninth Circuit held that Maui County violated the Clean Water Act by discharging pollutants into a navigable water without the required permit. The court also ...


Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly 2018 Alexander Blewett III School of Law at the University of Montana

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land & Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.


Muddying The Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity In Waterkeeper Alliance V. Epa, Christopher Crocker 2018 Boston College Law School

Muddying The Chevron Waters: The D.C. Circuit Lacks Doctrinal Clarity In Waterkeeper Alliance V. Epa, Christopher Crocker

Boston College Law Review

Chevron deference is one of the most contentious and misunderstood doctrines in administrative law. Justice John Paul Stevens’ opinion in the watershed 1984 case Chevron, USA, Inc. v. Natural Resources Defense Council, Inc. established a two-step framework for courts to use in evaluating agency rule-making authority. That clear two-step process has undergone rewording and revision over the years that has resulted in a lack of doctrinal clarity. On April 11, 2017, the U.S. Court of Appeals for the D.C. Circuit decided Waterkeeper Alliance v. EPA, a challenge brought by environmentalists to an EPA rule that exempted farmers from ...


"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee 2018 Boston College Law School

"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee

Boston College Law Review

In February 2016, in Alaska Oil & Gas Ass’n v. Jewell, the United States Court of Appeals for the Ninth Circuit upheld a decision by the U.S. Fish and Wildlife Service to designate 187,000 square miles in northern Alaska as critical polar bear habitat. The Ninth Circuit rejected the reasoning of the District Court for the District of Alaska which found that the FWS failed to meet the “standard of specificity” required by the Endangered Species Act in determining what geographical areas constituted critical habitat. Rather, the Ninth Circuit focused on the ESA’s broad statutory purposes of ...


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith 2018 University of New Mexico - Main Campus

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

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.


Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden 2018 University of Oklahoma College of Law

Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble 2018 University of Oklahoma College of Law

Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella 2018 University of Oklahoma College of Law

Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Frac Sand, Hydraulic Fracturing, And Implied Covenants: The Potential For Liability, Slate Olmstead 2018 University of Oklahoma College of Law

Frac Sand, Hydraulic Fracturing, And Implied Covenants: The Potential For Liability, Slate Olmstead

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin McCarthy 2018 University of Oklahoma College of Law

Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah 2018 University of Oklahoma College of Law

Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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