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Full-Text Articles in Law

See The Mojave!, John C. Nagle Nov 2013

See The Mojave!, John C. Nagle

John Copeland Nagle

This article examines how the law is being asked to adjudicate disputed sights in the context of the Mojave Desert. The Mojave is the best known and most explored desert in the United States. For many people, though, the Mojave is missing from any list of America’s scenic wonders. The evolution in thinking about the Mojave’s aesthetics takes places in two acts. In the first act, covering the period from the nineteenth century to 1994, what began as a curious voice praising the desert’s scenery developed into a powerful movement that prompted Congress to enact the CDPA. The second act …


Water, Work, Wildlife, And Wilderness: The Collaborative Federal Public Lands Planning Framework For Utility-Scale Solar Energy Development In The Desert Southwest, Tim Duane, Siobhan Mcintyre May 2011

Water, Work, Wildlife, And Wilderness: The Collaborative Federal Public Lands Planning Framework For Utility-Scale Solar Energy Development In The Desert Southwest, Tim Duane, Siobhan Mcintyre

Tim Duane

Federal and state energy policies have recently emphasized increased renewable energy development, including large utility-scale solar energy projects in the desert southwest. Many of the prime solar development sites in the region are on public land, which is administered primarily by the U.S. Bureau of Land Management (BLM). Federal public lands policy has therefore been confronted with a rush of project development proposals seeking federal Rights-of-Way (ROW) from the BLM. State permits and licenses, together with compliance with other federal regulatory requirements (especially under the National Environmental Policy Act and the Endangered Species Act) must be coordinated with the BLM …


Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg Apr 2011

Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg

Peter J Honigsberg

On April 20, 2010, British Petroleum’s Deepwater Horizon drilling rig in the Gulf of Mexico exploded, killing eleven people and spilling billions of gallons of oil into the gulf. In the days and weeks that followed, the media pointed to the Minerals Management Services (MMS), the regulatory agency responsible for managing offshore drilling, as being complicit with BP. The MMS issued permits for deepwater drilling in violation of its regulations; provided hundreds of exemptions to the regulations; maintained lax monitoring and enforcement procedures; allowed the companies to draft regulations that suited their interests and objectives; and engaged in inappropriate relationships …