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Articles 31 - 60 of 205
Full-Text Articles in Law
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western
Public Land & Resources Law Review
As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot
Public Land & Resources Law Review
In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas
Public Land & Resources Law Review
Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson
Public Land & Resources Law Review
No abstract provided.
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic
Public Land & Resources Law Review
No abstract provided.
Center For Biological Diversity V. Zinke, Ryan Hickey
Center For Biological Diversity V. Zinke, Ryan Hickey
Public Land & Resources Law Review
The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Lands, Melissa Dixon
Sovereign Lands, Melissa Dixon
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming, John R. Chadd
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia, Andrew Graham
West Virginia, Andrew Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia, Zachary H. Barrett, Sierra Williams
Virginia, Zachary H. Barrett, Sierra Williams
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah, Jim Tartaglia
Utah, Jim Tartaglia
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas, Don Hueske, Ashley Howie Tallichet
Texas, Don Hueske, Ashley Howie Tallichet
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee, Westley A. Ketron
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma, Matt Schlensker, Justin Fisher
Oklahoma, Matt Schlensker, Justin Fisher
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio, Timothy M. Mckeen, Melissa S. Grimes
Ohio, Timothy M. Mckeen, Melissa S. Grimes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota, William J. Black
North Dakota, William J. Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New York, Nathaniel I. Holland
New York, Nathaniel I. Holland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nevada, Kacie M. Bevers
Nevada, Kacie M. Bevers
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nebraska, Ashley Howie Tallichet
Nebraska, Ashley Howie Tallichet
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Montana, Heather Graham
Montana, Heather Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Missouri, Heather Graham
Missouri, Heather Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Michigan, M. Vafa Barissi
Michigan, M. Vafa Barissi
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Maryland, Davin L. Seamon
Maryland, Davin L. Seamon
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Louisiana, Rachel Briley
Louisiana, Rachel Briley
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kentucky, Gary Holland, Nash Bowen
Kentucky, Gary Holland, Nash Bowen
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kansas, Sarah Trainer, Steven A. Rhodes
Kansas, Sarah Trainer, Steven A. Rhodes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Illinois, Justin Fisher
Illinois, Justin Fisher
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.