Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Climate change (9)
- Environmental law (8)
- Environment (6)
- NEPA (6)
- Alexander Blewett III School of Law (5)
-
- EPA (5)
- Environmentalism (5)
- Indian law (5)
- Natural resources law (5)
- Public Land & Resources Law Review (5)
- Renewable energy (5)
- Clean Water Act (4)
- Climate Change (4)
- ESA (4)
- Endangered Species Act (4)
- Environmental (4)
- Montana (4)
- Montana Law (4)
- Native American law (4)
- Natural Resources (4)
- Ninth Circuit (4)
- PLRLR (4)
- Public lands (4)
- Public lands law (4)
- University of Montana Law School (4)
- Administrative law (3)
- Agency Deference (3)
- BLM (3)
- CERCLA (3)
- Climate Science (3)
- Publication Year
Articles 121 - 127 of 127
Full-Text Articles in Law
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor
Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor
Public Land & Resources Law Review
This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and the …
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land & Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …
Atay V. County Of Maui, Stephanie A. George
Atay V. County Of Maui, Stephanie A. George
Public Land & Resources Law Review
As genetically engineered plants become more common, questions frequently arise regarding how the plants are regulated and who can regulate them. The Ninth Circuit attempted to answer these questions through preemption doctrine. The court left the door open for states and localities to regulate genetically engineered crops that have been deregulated by the federal government. This decision will implicate the future cultivation of genetically engineered crops, and the food industry as a whole.
United States V. Barthelmess Ranch Corp., Jonah P. Brown
United States V. Barthelmess Ranch Corp., Jonah P. Brown
Public Land & Resources Law Review
Application of water to a beneficial use is the decisive element of a perfected water right in Montana. The BLM claimed rights to five reservoirs and one natural pothole under Montana law. The agency did not own livestock, but instead made the water available to grazing permittees. In United States v. Barthelmess Ranch Corp., the Montana Supreme Court affirmed the Montana Water Court’s holding that the BLM’s practice of making water available to others constituted a beneficial use and a perfected water right.
Coastal Conservation Association V. United States Department Of Commerce, Taylor R. Thompson
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.
Western Watersheds Project V. Jewell, Hannah S. Cail
Western Watersheds Project V. Jewell, Hannah S. Cail
Public Land & Resources Law Review
The Idaho District Court granted WWP’s motion for summary judgment and denied those of the BLM and intervener Cattle Associations. WWP alleged the BLM failed to protect sage grouse in some 600 grazing permit decisions issued by the Burley Field Office. The court found the decisions insufficient under NEPA because the BLM did not consider the cumulative impacts of grazing permit renewals on sage grouse.
The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis
The Legal Needs Of Farmers: An Analysis Of The Family Farm Legal Needs Survey, A. Bryan Endres, Stephanie B. Johnson, Donald L. Uchtmann, Anne H. Silvis
Montana Law Review
The Legal Needs of Farmers