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1710 full-text articles. Page 1 of 38.

Back To Its Roots: How §1983 Must Return To Its Origins To Provide A Remedy For The Inupiat Against Oil Drilling In Alaska's Arctic Circle, Julia Prochazka 2017 Northwestern University School of Law

Back To Its Roots: How §1983 Must Return To Its Origins To Provide A Remedy For The Inupiat Against Oil Drilling In Alaska's Arctic Circle, Julia Prochazka

Northwestern Journal of Law & Social Policy

As demand for oil and gas grows, companies are looking to the Chukchi Sea in Alaska as a potential source of oil and wealth. However, the land along the Chukchi Sea is also home to the Native Alaskan community of the Inupiat. Drilling comes in direct conflict with the way of the life of the Inupiat. Considering this conflict, this Comment explores the difficulty of a §1983 claim for the Inupiat. The failure of §1983 to provide a remedy for the Inupiat provides a frame through which to view how §1983 has deviated from its plain language and original purpose.


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson 2017 University of New Mexico

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert 2017 University of New Mexico

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman 2017 University of New Mexico

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan 2017 Elisabeth Haub School of Law at Pace University

What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan

Pace Environmental Law Review

This analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their ...


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter 2017 University of New Mexico

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist 2017 University of New Mexico

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton 2017 University of New Mexico

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.


Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai 2017 University of New Mexico

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.


Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno 2017 University of Montana School of Law

Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno

Public Land and Resources Law Review

A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.


A Consent Decree Abroad: Extraterritorial Enforcement Of An Epa Consent Decree In United States V. Volvo Powertrain Corp., Marc C. Palmer 2017 Boston College Law School

A Consent Decree Abroad: Extraterritorial Enforcement Of An Epa Consent Decree In United States V. Volvo Powertrain Corp., Marc C. Palmer

Boston College Environmental Affairs Law Review

Although not as prominent in the public eye as automobile engines, emissions from non-road engines contribute significantly to global air pollution. In 2005, the United States Government fined Volvo Powertrain Corp. seventy-two million dollars for manufacturing non-road engines at its foreign subsidiary because these engines were not in compliance with emissions standards and therefore violated a consent decree between Volvo Powertrain Corp. and the federal government. In United States v. Volvo Powertrain Corp., the United States Court of Appeals for the D.C. Circuit upheld an interpretation of the consent decree and financial penalty put forth by the lower court ...


An Examination Of New York’S Martin Act As A Tool To Combat Climate Change, Ashley Poon 2017 Boston College Law School

An Examination Of New York’S Martin Act As A Tool To Combat Climate Change, Ashley Poon

Boston College Environmental Affairs Law Review

Environmental statutes and regulations in the United States have largely failed to comprehensively control the human activities that cause climate change. This Note examines a novel approach to the matter in the form of an investigation led by New York Attorney General Eric Schneiderman to discover how ExxonMobil incorporates its climate change research into its corporate governance, accounting, and business planning. Schneiderman’s investigation relies on the New York securities fraud statute, the Martin Act, to determine if the company has internally reached one conclusion about climate change in its research while promoting another to investors. ExxonMobil initially cooperated with ...


Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza 2017 Boston College Law School

Inverse Condemnation And Fracking Disasters: Government Liability For The Environmental Consequences Of Hydraulic Fracturing Under A Constitutional Takings Theory, Joseph Belza

Boston College Environmental Affairs Law Review

The practice of hydraulic fracturing, more commonly known as fracking, risks a number of dangerous environmental consequences. Notably, fracking operations can contaminate the underlying water table. Contamination of groundwater can disrupt the access of a nearby property to both potable drinking water and viable commercial irrigation. Usually, when a fracking operation results in this kind of groundwater contamination, affected plaintiffs sue the operator of the rig. This Note proposes that similarly situated plaintiffs also name a new defendant in these actions: the state agency that granted the fracking permit. The governmental actor could bear liability under a constitutional theory of ...


The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses 2017 Lewis & Clark Law School

The Public Trust As An Antimonopoly Doctrine, Michael C. Blumm, Aurora Paulsen Moses

Boston College Environmental Affairs Law Review

The public trust doctrine originated—and has persisted in American law—as antimonopoly protection. From the time of its recognition by American courts in the early nineteenth century, the doctrine has protected the public against private monopolization of natural resources, beginning with tidal waters and wild animals. Ensuing public trust case law has extended the scope of trust protection to other important natural resources, including non-tidal and non-navigable waters, and land-based resources like parks. Courts are now considering the trust doctrine’s application to the atmosphere. Although there is a considerable body of legal scholarship on the public trust, the ...


Pace Energy & Climate Center 2016 Annual Report, Pace Energy & Climate Center 2017 Pace University

Pace Energy & Climate Center 2016 Annual Report, Pace Energy & Climate Center

Environmental Law Program Publications @ Haub Law

The Center staff and many allies are deeply involved in the business of electric utility transformation. We live and work in a remarkable time. Decades of steady, thoughtful leadership on clean energy issues is now bearing fruit. Clean energy is not just the right thing to do, it is increasingly recognized as the right choice economically, technically, and for all members of society. Our work, especially in 2016, has been about making sure that we seize the moment and secure the benefits of clean energy use for all communities in New York, the Northeast U.S., across the country, and ...


Where Oil Is King, Kristen van de Biezenbos 2017 The University of Oklahoma College of Law

Where Oil Is King, Kristen Van De Biezenbos

Fordham Law Review

Donald Trump has won the 2016 presidential election, and, based on his campaign rhetoric, it seems reasonable to anticipate that the next four years will see a rollback of federal rules and regulations originally intended to combat climate change and environmental pollution in favor of increased production of fossil fuels, including coal. This raises the question of where we can look for protection of environmental goals, if not to federal law or agencies. Unconventional solutions to energy and environmental issues may be the only way to move forward on environmental challenges in the near term. This Article suggests one such ...


Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago 2017 Pace Energy & Climate Center

Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its ...


Terrorism And Oil & Gas Pipeline Infrastructure: Vulnerability And Potential Liability For Cybersecurity Attacks, Joseph R. Dancy, Victoria A. Dancy 2017 University of Oklahoma College of Law

Terrorism And Oil & Gas Pipeline Infrastructure: Vulnerability And Potential Liability For Cybersecurity Attacks, Joseph R. Dancy, Victoria A. Dancy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Curse Of Black Gold: How Maritime Oil Reserves Can Sink International Negotiations, Douglas R. Brooking 2017 University of Oklahoma College of Law

The Curse Of Black Gold: How Maritime Oil Reserves Can Sink International Negotiations, Douglas R. Brooking

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Be Aggressive With Wind Energy: Blow Away The Decommissioning Fears, Joshua Conaway 2017 University of Oklahoma College of Law

Be Aggressive With Wind Energy: Blow Away The Decommissioning Fears, Joshua Conaway

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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