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- Public Land & Resources Law Review (3)
- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (3)
- Cleveland State Law Review (1)
- Faculty Scholarship (1)
- Luke A. Wake (1)
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- Martin A. Schwartz (1)
- Michigan Law Review (1)
- Patricia E. Salkin (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
- Touro Law Review (1)
- Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3) (1)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (1)
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Articles 1 - 18 of 18
Full-Text Articles in Law
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker
Public Land & Resources Law Review
In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.
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 …
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Martin A. Schwartz
No abstract provided.
American Law Of Zoning, Patricia Salkin
The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake
The Fiduciary Theory Of Governmental Legitimacy And The Natural Charter Of The Judiciary, Luke A. Wake
Luke A. Wake
In legal academia, there are various claims as to the proper role of the courts and the standard of review to be employed in evaluating claims of right. These competing judicial philosophies have been the subject of great debate in recent years. Yet underlying these debates is the question of rights and whether men are entitled, in justice, to assurances of personal autonomy, or whether the concept of rights is a mere legal fiction.
In a recent article in the Journal of Law and Philosophy, Evan Fox-Decent argues that individuals are entitled, at a minimum, to certain guarantees of bodily …
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Slides: Rethinking Western Water Law: Restoring The Public Interest In Western Water Law, Mark Squillace
Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
20 slides
Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace
Slides: Rethinking Western Water Law: Whatever Happened To The Public Interest?, Mark Squillace
Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
15 slides
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Section 1983 Cases In The October 2004 Term, Martin A. Schwartz
Touro Law Review
No abstract provided.
Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss
Citizens To Preserve Overton Park V. Volpe, Peter L. Strauss
Faculty Scholarship
This essay is one of a series destined to appear in a Foundation Press book, Administrative Law Stories, now set for publication in the fall of 2005. The decision in Citizens to Preserve Overton Park v. Volpe represents a transition from political to judicial controls over decisions broadly affecting a wide range of community interests. Unmistakable and dramatic as it is, that transition is not universally applauded. But the transition was striking and quick. The late sixties and early seventies saw an explosion of new national legislation on social and environmental issues, that often provided explicitly or implicitly for citizen …
Standards For Judicial Review Of Forest Plans: Will The Courts Not See The Forest For The Trees, Wells D. Burgess
Standards For Judicial Review Of Forest Plans: Will The Courts Not See The Forest For The Trees, Wells D. Burgess
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
50 pages.
Contains 2 attachments.
Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant
Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
37 pages.
Contains references.
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
17 pages.
Wilderness And The Public Lands, John D. Leshy
Wilderness And The Public Lands, John D. Leshy
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
18 pages (includes chart).
Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.
This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Cleveland State Law Review
This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Sovereign Immunity And Nonstatutory Review Of Federal Administrative Action: Some Conclusions From The Public-Lands Cases, Antonin Scalia
Michigan Law Review
The purpose of the present Article is not to propose yet another route toward logical reconciliation of the sovereign-immunity cases; but, on the contrary, to urge general acceptance of the fact that such reconciliation is, and will probably remain, unattainable; to explain why this is so; and to suggest why it is not so bad. This modest goal will be attempted through a detailed examination of two recent Supreme Court cases and their most pertinent antecedents.