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Articles 1 - 30 of 35
Full-Text Articles in Law
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly
Public Land & Resources Law Review
The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.
West Virginia V. Epa, Amanda Spear, Amanda Spear
West Virginia V. Epa, Amanda Spear, Amanda Spear
Public Land & Resources Law Review
The EPA created the Clean Power Plan in an effort to reduce the amount of greenhouse gas emissions generated by coal-fired power plants. The EPA determined that the Best System of Emission Reduction for existing coal-fired power plants included generation shifting methods, meaning a shift from coal to cleaner sources. The Supreme Court held, under the major questions doctrine, that Congress had not intended for the EPA to use generation shifting methods for the Best System of Emission Reduction and that the EPA had exceeded its authority in doing so. This note will explore how the decision may impact administrative …
For Better Or For Worse: The Court's Application Of The Second Montana Exception To United States V. Cooley, Lauren Moose
For Better Or For Worse: The Court's Application Of The Second Montana Exception To United States V. Cooley, Lauren Moose
Montana Law Review
No abstract provided.
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Sam J. Carter, Robin M. Rotman
Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Sam J. Carter, Robin M. Rotman
Montana Law Review
No abstract provided.
Reconsidering Brown V. Gianforte And The Elimination Of The Montana Judicial Nominating Commission, J T Stepleton
Reconsidering Brown V. Gianforte And The Elimination Of The Montana Judicial Nominating Commission, J T Stepleton
Montana Law Review
No abstract provided.
Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen
Why The Ninth Circuit Works: A Tribute To Judge Sidney R. Thomas, The Honorable Morgan B. Christen
Montana Law Review
No abstract provided.
Reflections On Revenge Porn: Illustrating Why The Legal System Should Adopt A Comprehensive Response To Nonconsensual Pornography In The U.S., Chance Carter
Montana Law Review
No abstract provided.
A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker
A Tribute To The Honorable Charles C. Lovell, The Honorable Beth Baker
Montana Law Review
No abstract provided.
How Strong Is Armstrong? What To Make Of Montana's Ambiguous Autonomy Rights In A Post-Roe World, Ben Mckee
How Strong Is Armstrong? What To Make Of Montana's Ambiguous Autonomy Rights In A Post-Roe World, Ben Mckee
Montana Law Review
No abstract provided.
The Montana Supreme Court – The Statistics, Blake Koemans, Denise Lafontaine
The Montana Supreme Court – The Statistics, Blake Koemans, Denise Lafontaine
Montana Law Review
No abstract provided.
Significant Montana Cases, Victoria Hill, Eric Monroe, Marti A. Liechty
Significant Montana Cases, Victoria Hill, Eric Monroe, Marti A. Liechty
Montana Law Review
No abstract provided.
Preview; Smith V. Charter Communications, Inc., Emily Steinberg
Preview; Smith V. Charter Communications, Inc., Emily Steinberg
Montana Law Review Online
No abstract provided.
Preview; State V. Mefford: Scope Of Consent Searches In A Digitalized World, Spencer Pedemonte
Preview; State V. Mefford: Scope Of Consent Searches In A Digitalized World, Spencer Pedemonte
Montana Law Review Online
No abstract provided.
Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch
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
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
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
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
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.
The Supreme Court's Draft Abortion Decision Overturning Roe V. Wade: How Originalism's Rejection Of Family Formation Rights Undermines The Court's Legitimacy And Destabilizes A Functioning Federal Government, Kari Hong
Montana Law Review Online
No abstract provided.
Friends Of The Earth V. Haaland Case Summary, Valan Anthos
Friends Of The Earth V. Haaland Case Summary, Valan Anthos
Public Land & Resources Law Review
A federal district court vacated the U.S.’s largest offshore oil and gas lease sale ever because of an inadequate NEPA analysis. The court found that the BOEM’s decision to exclude estimations of reductions in foreign oil consumption if no lease took place was arbitrary and capricious.
Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit
Preview—Oklahoma V. Castro-Huerta: A Test Of State And Tribal Sovereignty, Genevieve Antonioli Schmit
Public Land & Resources Law Review
Oklahoma v. Castro-Huerta challenges the reach of the United States Supreme Court’s landmark ruling in McGirt v. Oklahoma and tests the settled criminal jurisdiction scheme within Indian Country. On April 27, 2022, beginning at 10:00 a.m. EST., the U.S. Supreme Court will hear argument on the sole question of whether a state court has concurrent jurisdiction with a federal court to prosecute non-Indians who commit crimes against Indians in Indian country. The State of Oklahoma (“Petitioner”) argues that it has concurrent jurisdiction to prosecute such crimes. Castro-Huerta (“Respondent”) argues that the Court should adopt the current understanding that the …
Upper Missouri Waterkeeper V. Epa, Clare Ols
Upper Missouri Waterkeeper V. Epa, Clare Ols
Public Land & Resources Law Review
State water quality standards developed under the Clean Water Act play a key role in curtailing the negative environmental, economic, and human health impacts of water pollution. Under the state water quality regulatory framework, EPA may grant variances to state standards should the state demonstrate the compliance with its standards is infeasible for a certain pollutant discharger or waterbody. Montana DEQ developed a variance for nutrients based on evidence that compliance with those standards would cause economic harm. EPA approved Montana's nutrient pollutant variance, and Upper Missouri Waterkeeper challenged EPA's approval on the grounds that the variance violates the Clean …
Diffusion Of Soft Immigration Law: Evidence From Asylum Adjudication In The Wake Of Matter Of A-B-, Patrick Kennedy
Diffusion Of Soft Immigration Law: Evidence From Asylum Adjudication In The Wake Of Matter Of A-B-, Patrick Kennedy
Montana Law Review
No abstract provided.
Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark
Bezhigwan Ji-Izhi-Ganawaabandiyang: The Rights Of Nature And Its Jurisdictional Application For Anishinaabe Territories, Kekek Jason Stark
Montana Law Review
No abstract provided.
Handle With Care: Ford Motor Company V. Montana Eighth Judicial District Court And Its Effect On The Ninth Circuit’S But-For Test, Dimitrios Tsolakidis
Handle With Care: Ford Motor Company V. Montana Eighth Judicial District Court And Its Effect On The Ninth Circuit’S But-For Test, Dimitrios Tsolakidis
Montana Law Review
No abstract provided.
The Possibility Of Special Verdicts By Court-Martial Panels, Christopher D. Carrier
The Possibility Of Special Verdicts By Court-Martial Panels, Christopher D. Carrier
Montana Law Review
No abstract provided.
State V. Christensen: Criminalizing Medical Malpractice, Spencer Pedemonte
State V. Christensen: Criminalizing Medical Malpractice, Spencer Pedemonte
Montana Law Review
No abstract provided.