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Full-Text Articles in Law

Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein Aug 2016

Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein

Public Land & Resources Law Review

In Oregon Natural Desert Association v. Jewell, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a wind-energy development on inaccurate scientific analysis. In negating the BLM’s action, the court held that flawed data and indefensible reasoning were discordant with NEPA’s central tenets. Furthermore, the court did not hold the BLM responsible for addressing a distinct environmental issue that was not brought to its attention during the public comment period.


What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management’S Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills May 2016

What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management’S Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills

Public Land & Resources Law Review

The federal government’s various Indian policies create a number of boundaries across which Indian tribes must negotiate to ensure successful management of their natural resources. For example, the removal, reservation, and treaty-making period of the late 18th and early 19th Centuries created territorial boundaries that, for many tribes, did not align with their traditional homelands. Thereafter, allotment of many of the resulting tribal reservations decimated the tribal land base and left a checkerboard ownership pattern of land within many reservations. More recent decisions of the United States Supreme Court have limited tribal authority over the non-Indian owned squares on the …


Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong Apr 2016

Mauna Kea Anaina Hou V. Board Of Land And Natural Resources, Wesley J. Furlong

Public Land & Resources Law Review

Native Hawaiians and the scientific community have been pitted against each other in a decades-long culture war over the construction of observatories and telescopes on sacred landscapes. In Mauna Kea Anaina Hou, the Hawai’i Supreme Court handed a victory to Native Hawaiian culture and rights by halting the construction of a new telescope on Mauna Kea. The decision must be read cautiously, however, as it is firmly rooted in the strict application of procedural due process.


Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop Apr 2016

Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop

Public Land & Resources Law Review

Wildearth Guardians v. United States Office of Surface Mining, Reclamation and Enforcement sprung from the approval of a modified mining plan for the Spring Creek Mine in Montana. Wildearth Guardians is the adoption of Magistrate Judge Ostby’s Findings and Recommendations by United States District Judge, Susan Watters concluding that the Office of Surface Mining, Reclamation and Enforcement violated several provisions of NEPA.


Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson Mar 2016

Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson

Public Land & Resources Law Review

The Eastern Louisiana District Court upheld Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Management Plan. The court held that the Gulf Council and the National Marine Fisheries Service’s proposed rule establishing fishing quotas for the red snapper met all of the statutory guidelines imposed under the Magnusson-Stevens Act.