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Montana Kaimin, November 14, 2018, Students Of The University Of Montana, Missoula Nov 2018

Montana Kaimin, November 14, 2018, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.


When Daubert Is The Way: The Road Less Traveled By, Cynthia Ford Nov 2018

When Daubert Is The Way: The Road Less Traveled By, Cynthia Ford

Faculty Journal Articles & Other Writings

No abstract provided.


November 2018 News Releases, University Of Montana--Missoula. Office Of University Relations Nov 2018

November 2018 News Releases, University Of Montana--Missoula. Office Of University Relations

University of Montana News Releases, 1928, 1956-present

No abstract provided.


Montana Dragon Boat Festival 2018, Megan Schultz, Carter Bermingham Nov 2018

Montana Dragon Boat Festival 2018, Megan Schultz, Carter Bermingham

Institute for Tourism and Recreation Research Publications

This study was conducted for the Kalispell Conventions and Visitor Bureau, to provide insight into the characteristics of attendees of the 2018 Montana Dragon Boat Festival. Paper surveys on site and a post-event web survey were completed by 397 attendees and/or participants of the event. Results show that 60% of respondents were residents of Montana and of those Montana residents, 49% were from Flathead County. Out-of-county respondents spent an average of 3.90 nights away from home. Of those nights, an average of 2.87 of those nights were in the city of Kalispell and 2.76 nights in other Flathead Valley locations …


Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski Oct 2018

Western Organization Of Resource Councils V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

To what extent must the BLM analyze potential climate change impacts where millions of acres of public lands and federal mineral estates are being considered for coal development? Western Organization of Resource Councils v. BLM addresses this, setting the scope for NEPA-mandated environmental impact analysis and reasonable alternative consideration by federal agencies. Judge Brian Morris of the District of Montana eschewed BLM’s assertions that considering climate impacts would be speculative, instead requiring BLM to acknowledge scientific reality and include modern climate science in its NEPA review analysis.


Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey Oct 2018

Highway Culverts, Salmon Runs, And The Stevens Treaties: A Century Of Litigating Pacific Northwest Tribal Fishing Rights, Ryan Hickey

Public Land & Resources Law Review

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor …


Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western Oct 2018

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …


Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot Oct 2018

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …


Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas Oct 2018

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …


Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson Oct 2018

Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson

Public Land & Resources Law Review

No abstract provided.


Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic Oct 2018

Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic

Public Land & Resources Law Review

No abstract provided.


Center For Biological Diversity V. Zinke, Ryan Hickey Oct 2018

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker Oct 2018

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …


Montana Kaimin, October 10, 2018, Students Of The University Of Montana, Missoula Oct 2018

Montana Kaimin, October 10, 2018, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.


Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains Oct 2018

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 request …


Documents From The October 3, 2018 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students Oct 2018

Documents From The October 3, 2018 Meeting Of The Associated Students Of The University Of Montana (Asum), University Of Montana--Missoula. Associated Students

Senate Meeting Agendas and Minutes, 2007-Present

Agenda and meeting minutes from the October 3, 2018 meeting of the Associated Students of the University of Montana (ASUM).


Surrender: Who Will Plough My Vulva?, Joanna Pocock Oct 2018

Surrender: Who Will Plough My Vulva?, Joanna Pocock

CutBank

No abstract provided.


Cutbank 88 Oct 2018

Cutbank 88

CutBank

No abstract provided.


Come And Play, Christopher Collins Oct 2018

Come And Play, Christopher Collins

CutBank

No abstract provided.


Montana Kaimin, September 26, 2018, Students Of The University Of Montana, Missoula Sep 2018

Montana Kaimin, September 26, 2018, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.


Montana Kaimin, September 19, 2018, Students Of The University Of Montana, Missoula Sep 2018

Montana Kaimin, September 19, 2018, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.


California Sea Urchin Commission V. Bean, Thomas C. Mooney-Myers Sep 2018

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.


Buffalo Field Campaign V. Zinke, Hallee C. Kansman Sep 2018

Buffalo Field Campaign V. Zinke, Hallee C. Kansman

Public Land & Resources Law Review

Despite years of litigation and legislation, the protection status of bison in and around Yellowstone National Park remains unsettled. Buffalo Field Campaign, a non-profit group, has spent decades spearheading the fight to list the species as either endangered or threatened under the Endangered Species Act. Buffalo Field Campaign v. Zinke tests the scope of agency directives and the strictness of the statutory language which guides agency actions.


Montana Kaimin, September 5, 2018, Students Of The University Of Montana, Missoula Sep 2018

Montana Kaimin, September 5, 2018, Students Of The University Of Montana, Missoula

Montana Kaimin, 1898-present

Student newspaper of the University of Montana, Missoula.


Epigenetic Biomarkers For Alzheimer’S Disease Using A Transgenic Porcine Model, Yoon Hee Cho Sep 2018

Epigenetic Biomarkers For Alzheimer’S Disease Using A Transgenic Porcine Model, Yoon Hee Cho

University Grant Program Reports

Alzheimer’s disease (AD) is the most common cause of dementia, accounting for approximately 60~70% of dementia cases. AD afflicts more than 35.6 million individuals worldwide and is expected to increase to 65.7 million by 2030 and 115.4 million by 2050 1; AD is a serious public health problem that is causing increased health care costs worldwide. Typically, AD is a relentlessly progressive disorder that initially manifests as severe loss of memory, particularly episodic memory.2 The disorder is not curable at present, and the mechanisms driving development of AD are not fully understood. Therefore, there is an urgent need …


Psyx 100s.01c: Intro To Psychology, Alison C. Pepper Sep 2018

Psyx 100s.01c: Intro To Psychology, Alison C. Pepper

University of Montana Course Syllabi

No abstract provided.


Psyx 100s.02c: Intro To Psychology, Jessica Kumm Sep 2018

Psyx 100s.02c: Intro To Psychology, Jessica Kumm

University of Montana Course Syllabi

No abstract provided.


Psyx 571.01: Advanced Physiological Psychology, Nathan Insel Sep 2018

Psyx 571.01: Advanced Physiological Psychology, Nathan Insel

University of Montana Course Syllabi

No abstract provided.


Psyx 100s.50c: Intro To Pyschology, Alison C. Pepper Sep 2018

Psyx 100s.50c: Intro To Pyschology, Alison C. Pepper

University of Montana Course Syllabi

No abstract provided.


Enst 595.03: St: Environmental Justice: Issues & Solution, Robin Saha Sep 2018

Enst 595.03: St: Environmental Justice: Issues & Solution, Robin Saha

University of Montana Course Syllabi

No abstract provided.