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Full-Text Articles in Law
Oregon Natural Desert Association V. Jewell, Jody D. Lowenstein
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.
Wildearth Guardians V. United States Office Of Surface Mining, Reclamation And Enforcement, Hallie Bishop
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.
Using Online Databasing To Unlock The Full Value Of Environmental Impact Assessments, Jessica A. Wentz
Using Online Databasing To Unlock The Full Value Of Environmental Impact Assessments, Jessica A. Wentz
Sabin Center for Climate Change Law
This paper considers how a multi-disciplinary research community can build upon these efforts to further enhance online access to EIA documents and make it easier for the public to use the information contained in those documents. Part I lays the groundwork for this inquiry: it describes the types of information contained in EIA documents and the extent to which existing online databases provide an effective means of locating and searching through these documents. Part II discusses the potential applications of the information contained in these documents, and how this might inform priorities related to online database development. Part III contemplates …
A Mitigation Based Rationale For Incorporating A Climate Change Impacts Fee Into The Federal Coal Leasing Program, Michael Burger
A Mitigation Based Rationale For Incorporating A Climate Change Impacts Fee Into The Federal Coal Leasing Program, Michael Burger
Sabin Center for Climate Change Law
This paper describes the legal and policy rationale for imposing a fee on federal coal that reflects the costs of the climate change impacts generated by that coal. It notes that the federal government has a duty to mitigate climate impacts from the federal coal leasing program, and that the Department of Interior (“Interior”) and the Bureau of Land Management (“BLM”) have ample authority to impose a climate change impacts fee on coal leases as a form of compensatory mitigation for those coal leases. The paper also discusses technical issues that should be considered when assessing the effectiveness of this …
Considering The Effects Of Climate Change On Natural Resources In Environmental Review And Planning Documents: Guidelines For Agencies And Practitioners, Jessica A. Wentz
Considering The Effects Of Climate Change On Natural Resources In Environmental Review And Planning Documents: Guidelines For Agencies And Practitioners, Jessica A. Wentz
Sabin Center for Climate Change Law
This paper describes how climate change will affect natural resources in the United States, and explains why consideration of how climate change will affect those resources is necessary in order to fulfill legal requirements under NEPA and other statutes governing the management of these resources. It also presents examples of how climate change has been meaningfully accounted for in environmental review and planning documents. The accompanying protocol contains guidelines for considering the impacts of climate change in environmental reviews as well as other planning documents (e.g., resource management plans and resource assessments).