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Articles 1 - 30 of 53
Full-Text Articles in Law
Introduction, Rick Applegate
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
Public Land & Resources Law Review
In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Mcgirt Policy Briefs: Regulation Of The Environment And Natural Resources, Monte Mills
Faculty Journal Articles & Other Writings
On July 9, 2020, the United States Supreme Court issued its decision in McGirt v. Oklahoma. Although the only actual effect of that decision was on Mr. McGirt’s state court criminal conviction, rendering it invalid in light of the continuing existence of the Muscogee (Creek) Nation’s reservation, the implications of McGirt reverberated throughout Oklahoma and the nation. By rejecting Oklahoma’s arguments that the march to statehood had resulted in the implicit disestablishment of the Creek’s reservation (and, by analogy, those of the neighboring and similarly situated Cherokee, Chickasaw, Choctaw, and Seminole Nations), Justice Gorsuch’s opinion on behalf of the Court’s …
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
The Great Debate, Dorothy Bradley
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970, Dorothy Bradley
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
Public Land & Resources Law Review
No abstract provided.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Public Land & Resources Law Review
No abstract provided.
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
Public Land & Resources Law Review
No abstract provided.
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Public Land & Resources Law Review
No abstract provided.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Public Land & Resources Law Review
No abstract provided.
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
Public Land & Resources Law Review
No abstract provided.
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Public Land & Resources Law Review
No abstract provided.
The Black Book, Rob Raney
History Of The Coal Tax, Thomas E. Towe
History Of The Coal Tax, Thomas E. Towe
Public Land & Resources Law Review
No abstract provided.
The Wild River Bill: House Bill 133, Harrison Fagg
The Wild River Bill: House Bill 133, Harrison Fagg
Public Land & Resources Law Review
No abstract provided.
Stream Access Remembrance, Ron Waterman
Stream Access Remembrance, Ron Waterman
Public Land & Resources Law Review
No abstract provided.
Implementation Of Montana's Strip Mine Legislation, Leo Berry
Implementation Of Montana's Strip Mine Legislation, Leo Berry
Public Land & Resources Law Review
No abstract provided.
The Water Use Act, Gary Wicks
The Water Use Act, Gary Wicks
Public Land & Resources Law Review
No abstract provided.
A Little History And A Few Of Its Heroes, Daniel Kemmis
A Little History And A Few Of Its Heroes, Daniel Kemmis
Public Land & Resources Law Review
No abstract provided.
A Retrospective: The Golden Years, Peter M. Meloy
A Retrospective: The Golden Years, Peter M. Meloy
Public Land & Resources Law Review
No abstract provided.