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Full-Text Articles in Law
Mcgirt V. Oklahoma, Allison Barnwell
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Introduction To Charles A. Reich’S Keeping Up: Walking With Justice Douglas, Rodger D. Citron
Touro Law Review
No abstract provided.
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
All Faculty Scholarship
Over the last fifty years, the U.S. Environmental Protection Agency (EPA) has found itself repeatedly defending its regulations before federal judges. The agency’s engagement with the federal judiciary has resulted in prominent Supreme Court decisions, such as Chevron v. NRDC and Massachusetts v. EPA, which have left a lasting imprint on federal administrative law. Such prominent litigation has also fostered, for many observers, a longstanding impression of an agency besieged by litigation. In particular, many lawyers and scholars have long believed that unhappy businesses or environmental groups challenge nearly every EPA rule in court. Although some empirical studies have …
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Introduction To The Conference: Commemorating The Life And Legacy Of Charles A. Reich, Rodger D. Citron
Touro Law Review
No abstract provided.