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Full-Text Articles in Law
Friends Of The Wild Swan V. Ashe, Hannah S. Cail
Friends Of The Wild Swan V. Ashe, Hannah S. Cail
Public Land & Resources Law Review
In Friends of the Wild Swan v. Ashe, the District Court of Montana reviews the reasonableness of the U.S. Fish and Wildlife Service’s delayed preparation of the Canada lynx recovery plan. Environmental organizations brought the action for declaratory and injunctive relief pursuant to the ESA and the APA. In applying the “TRAC factors” and the “rule of reason,” the U.S. District Court for the District of Montana held that the Service’s twelve-year delay was unreasonable. The court ordered the Service propose a schedule, which the court will set as firm after review.
Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West
Environmental Protection Agency V. Eme Homer City Generation L.P., Lindsey M. West
Public Land & Resources Law Review
The U.S. Supreme Court determined the Environmental Protection Agency properly interpreted the “Good Neighbor Provision” of the Clean Air Act in adopting the Transport Rule. The Court found, contrary to the D.C. Circuit Court of Appeals decision to vacate the rule entirely, the EPA did not act arbitrarily and capriciously by integrating a cost-effective allocation of emission reductions or by disallowing states a second opportunity to file a State Implementation Plan before promulgating a Federal Implementation Plan.
Bostwick Properties Inc. V. Montana Department Natural Resources And Conservation, Carolyn A. Sime
Bostwick Properties Inc. V. Montana Department Natural Resources And Conservation, Carolyn A. Sime
Public Land & Resources Law Review
The Montana Supreme Court upheld the law requiring that applicants for new ground water permits in closed basins show no net surface depletion and that the new appropriation will not adversely affect senior water appropriators. Where the relationship between surface and ground water is uncertain or attenuated, applicants still bear the burden of proof, even if the proposed use constitutes only a de minimis quantity. Once again, the Court acknowledged the hydrologic connection between surface and ground water and the underlying legal framework which seeks to make water available for new appropriation and simultaneously protect the water rights of senior …