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Full-Text Articles in Law

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward Apr 2024

What The Trust? Overcoming Barriers To Renewable Energy Development In Indian Country, Malcolm M. Gilbert, Aspen B. Ward

Public Land & Resources Law Review

No abstract provided.


Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer Apr 2024

Avoiding The Pitfalls In Administrative Record Review Cases, Kim Wilson, Brian Brammer

Public Land & Resources Law Review

No abstract provided.


Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier Apr 2024

Corner Crossing: Unlocking Public Lands Or Invading The Airspace Of Landowners?, Kevin Frazier

Public Land & Resources Law Review

No abstract provided.


States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy Apr 2024

States Of Mind Or State Of Crime: Exploring The Prosecution Of Environmental Crimes In The Western United States, Joshua Ozymy, Melissa Ozymy

Public Land & Resources Law Review

No abstract provided.


Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen Apr 2024

Cutting The Mussel's Threads: A Legal Perspective On Invasive Species, Hallee C. Frandsen

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members Apr 2024

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski May 2023

Minnesota Dep’T Of Nat. Res. V. Manoomin, Anna Belinski

Public Land & Resources Law Review

In 2021 manoomin (wild rice), a legally recognized person in White Earth Band tribal law, brought a case in White Earth Band of Ojibwe Tribal Court against the Minnesota Department of Natural Resources. Wild rice brought this case against the Minnesota Department of Natural Resources’ over its issuance of a water permit to Enbridge Inc. for the construction of the Line 3 oil pipeline. Though ultimately ruling that the Tribal Court did not have subject matter jurisdiction because the activity at issue occurred by non-Indians outside of the reservation boundaries, this case still brings a novel consideration in the tribal …


Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly May 2023

Ysleta Del Sur Pueblo V. Texas, Sawyer J. Connelly

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the Ysleta Del Sur Pueblo and Alabama and Coushatta Indian Tribes. The Court’s decision settles a conflict around bingo stemming from a long series of conflicts between Ysleta del Sur Pueblo and Texas gaming officials dating back to the 1980s. The court held the Texas Restoration Act bans only gaming on tribal lands that is also banned in Texas. This decision upholds previous caselaw that states cannot bar tribes from gaming that is not categorically banned in the state.


Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson May 2023

Environmental Defense Center V. Bureau Of Ocean Energy Management, Eliot M. Thompson

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit upheld the district court’s grants of summary judgment and injunctive relief against BOEM for violating the ESA and CZMA. The Ninth Circuit found BOEM violated NEPA, CZMA, and the APA by failing to adequately consider the environmental impacts of well stimulation treatments. The Ninth Circuit also reversed the lower court’s grant of summary judgment against the Environmental Defense Center for their NEPA claims.


Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis May 2023

Metlakatla Indian Community V. Dunleavy, Elizabeth L. Orvis

Public Land & Resources Law Review

The United States Court of Appeals for the Ninth Circuit reversed the District Court of Alaska’s judgment that dismissed the Metlakatla Indian Community’s suit against Alaska’s limited entry program. On appeal, the Ninth Circuit addressed whether and to what extent the 1891 Act preserved an implied off-reservation fishing right for members of the Metlakatla Indian Community. The Ninth Circuit ruled in favor of the Metlakatla Indian Community but remanded to the district court to determine the boundaries of the traditional off-reservation fishing grounds. Motions for rehearing and rehearing en banc were denied.


Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton Apr 2023

Ctr. For Biological Diversity V. United States Fish & Wildlife Serv., Ali Stapleton

Public Land & Resources Law Review

The Ninth Circuit Court of Appeals affirmed the District Court of Arizona’s decision to deny a proposed mining plan becuase the operations exceeded the boundaries of a valid mining claim. The issue the court addressed is whether a permanent occupancy of waste rock and tailings on land, absent the discovery of valuable minerals, is a reasonable use related to mining activities. The Ninth Circuit decision effectively prevented mining companies from amending the 1872 Mining Law on the administrative record. Motions for a rehearing and a rehearing en banc were denied.


Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch Jan 2023

Federal Funding Statutes And State-Federal Wildlife Authority: Did Congress Demonstrate A Preference For State Wildlife Management Authority With Pittman-Robertson And Dingell-Johnson?, James Vaughan Branch

Graduate Student Theses, Dissertations, & Professional Papers

The Federal Aid in Wildlife Restoration Act of 1937 now known as Pittman-Robertson and Federal Aid in Sport Fish Restoration Act of 1950 now known as Dingell-Johnson are federal statutes which stand as the original and perhaps most significant federal funding statutes supporting state wildlife conservation and management. Congress’s decision to pass these statutes may be argued to be a prima facie endorsement of state wildlife agencies (SWA) as the primary managers of wildlife since each statute dedicated substantial federal excise revenue to SWAs. We hypothesized we would find consistent evidence in favor of primary state management authority over wildlife. …


Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch Jun 2022

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.


Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek Jun 2022

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.


Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate Jun 2022

Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate

Public Land & Resources Law Review

No abstract provided.


Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown Jun 2022

Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown

Public Land & Resources Law Review

No abstract provided.


A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan Jun 2022

A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader Jun 2022

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Jun 2022

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members Jun 2022

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii Feb 2022

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.


Bahr V. Regan, Aspen B. Ward Nov 2021

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 …


Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert Aug 2021

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 Jun 2021

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 Jun 2021

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 Jun 2021

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 Jun 2021

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 Jun 2021

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.


Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell Apr 2021

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 Apr 2021

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.