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Articles 31 - 60 of 192
Full-Text Articles in Law
Upper Missouri Waterkeeper V. Epa, Clare Ols
Upper Missouri Waterkeeper V. Epa, Clare Ols
Public Land & Resources Law Review
State water quality standards developed under the Clean Water Act play a key role in curtailing the negative environmental, economic, and human health impacts of water pollution. Under the state water quality regulatory framework, EPA may grant variances to state standards should the state demonstrate the compliance with its standards is infeasible for a certain pollutant discharger or waterbody. Montana DEQ developed a variance for nutrients based on evidence that compliance with those standards would cause economic harm. EPA approved Montana's nutrient pollutant variance, and Upper Missouri Waterkeeper challenged EPA's approval on the grounds that the variance violates the Clean …
Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii
Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii
Public Land & Resources Law Review
On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Ute Indian Tribe Of The Uintah & Ouray Reservation V. U.S. Dep't Of Interior, Valan Anthos
Public Land & Resources Law Review
The Ute Indian Tribe of the Uintah & Ouray Reservation brought 16 claims against federal agencies and the State of Utah for alleged mismanagement of water resources held in trust and for alleged discrimination in water allocation. The United States District Court for the District of Columbia dismissed several of the claims as time-barred and others as lacking a proper statutory basis to create an enforceable trust duty. The remaining claims were transferred to the United States District Court of the District of Utah because the events occurred in Utah and most of the parties reside there.
Bahr V. Regan, Aspen B. Ward
Bahr V. Regan, Aspen B. Ward
Public Land & Resources Law Review
In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …
Held V. State, Alec D. Skuntz
Held V. State, Alec D. Skuntz
Public Land & Resources Law Review
On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …
Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour
Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour
Public Land & Resources Law Review
The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Public Land & Resources Law Review
The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …
Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch
Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch
Public Land & Resources Law Review
No abstract provided.
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Public Land & Resources Law Review
No abstract provided.
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Public Land & Resources Law Review
No abstract provided.
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Public Land & Resources Law Review
No abstract provided.
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
Public Land & Resources Law Review
No abstract provided.
Meic V. Deq, Kirsten D. Gerbatsch
Meic V. Deq, Kirsten D. Gerbatsch
Public Land & Resources Law Review
Hecla Mining Company and its subsidiaries want to develop two industrial silver and copper mines––the Montanore and Rock Creek projects––beneath northwest Montana’s Cabinet Mountains Wilderness. Environmental organizations, in just one of a series of legal challenges to protect high-quality designated resource waters and unique bull trout and grizzly bear habitat, brought an action seeking a declaration that Montana Department of Environmental Quality’s issuance of a permit for the Montanore Project was unlawful. The Montana Supreme Court, in a four-member majority, affirmed the district court’s vacatur and remanded the case to the state agency for further proceedings. The decision is celebrated …
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.
Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner
Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner
Public Land & Resources Law Review
The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien
Public Land & Resources Law Review
A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.
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 …
Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank
Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank
Public Land & Resources Law Review
MTSUN, LLC initiated negotiations for a power purchase agreement with NorthWestern Energy in September of 2015 for a potential solar energy facility in eastern Montana. In December of 2016, at an impasse in contract negotiations with NorthWestern, MTSUN filed a petition with the Montana Public Service Commission requesting that the agency exercise its statutory authority to set the terms of the contract for the proposed project. Following MTSUN’s petition, the PSC issued a series of orders and reconsiderations which ultimately reconfigured the entirety of the agreement, including the terms that the parties had previously agreed upon. After exhausting its administrative …
Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster
Public Land & Resources Law Review
The Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien
Public Land & Resources Law Review
A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use plans.
County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner
County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner
Public Land & Resources Law Review
The Supreme Court of the United States was recently asked to decide whether the Clean Water Act requires a permit for the discharge of pollutants that originate from a point source but are conveyed to navigable waters by a nonpoint source. Vacating the Ninth Circuit’s “fairly traceable” test, the Court held the Clean Water Act requires a permit when there is a direct discharge of pollutants from a point source into navigable waters or when there is the “functional equivalent of a direct discharge.”
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
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.