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Articles 3121 - 3150 of 13747
Full-Text Articles in Administrative Law
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
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 …
Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift, Jennifer Harchut
Doj Blows The Whistle On Professional Whistleblowers: But The Circuits Are Split On Whether Dismissals Will Be Swift, Jennifer Harchut
Villanova Law Review (1956 - )
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
The Rise And Fall Of Clean Air Act Climate Policy, Nathan Richardson
Michigan Journal of Environmental & Administrative Law
The Clean Air Act has proven to be one of the most successful and durable statutes in American law. After the Supreme Court’s 2008 decision in Massachusetts v. EPA, there was great hope that the Act could be brought to bear on climate change, the most pressing current environmental challenge of our time. Massachusetts was fêted as the most important environmental case ever decided, and, upon it, the Environmental Protection Agency under President Obama built a sweeping program of greenhouse gas regulations, aimed first at emissions from road vehicles, and later at fossil fuel power plants. It was the most …
What A Difference A State Makes: California’S Authority To Regulate Motor Vehicle Emissions Under The Clean Air Act And The Future Of State Autonomy, Chiara Pappalardo
What A Difference A State Makes: California’S Authority To Regulate Motor Vehicle Emissions Under The Clean Air Act And The Future Of State Autonomy, Chiara Pappalardo
Michigan Journal of Environmental & Administrative Law
Air pollutants from motor vehicles constitute one of the leading sources of local and global air degradation with serious consequences for human health and the overall stability of Earth’s climate. Under the Clean Air Act (“CAA”), for over fifty years, the state of California has served as a national “laboratory” for the testing of technological solutions and regulatory approaches to improve air quality. On September 19, 2019, the Trump Administration revoked California’s authority to set more stringent pollution emission standards. The revocation of California’s authority frustrates ambitious initiatives undertaken in California and in other states to reduce local air pollution …
Implementing Nepa In The Age Of Climate Change, Jayni Foley Hein, Natalie Jacewicz
Implementing Nepa In The Age Of Climate Change, Jayni Foley Hein, Natalie Jacewicz
Michigan Journal of Environmental & Administrative Law
The national government has a crucial role to play in combating climate change, yet federal projects continue to constitute a major source of United States greenhouse gas emissions. Under the National Environmental Policy Act, agencies must consider the environmental impacts of major federal actions before they can move forward. But agencies frequently downplay or ignore the climate change impacts of their projects in NEPA analyses, citing a slew of technical difficulties and uncertainties. This Article analyzes a suite of the most common analytical failures on the part of agencies with respect to climate change: failure to account for a project’s …
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Legitimacy And Agency Implementation Of Title Ix, Samuel R. Bagenstos
Articles
Title IX of the Education Amendments of 1972 prohibits sex discrimination by programs receiving federal education funding. Primary responsibility for administering that statute lies in the Office for Civil Rights of the Department of Education (OCR). Because Title IX involves a subject that remains highly controversial in our polity (sex roles and interactions among the sexes more generally), and because it targets a highly sensitive area (education), OCR’s administration of the statute has long drawn criticism. The critics have not merely noted disagreements with the legal and policy decisions of the agency, however. Rather, they have attacked the agency’s decisions …
The Rise And The Fall Of The Jurisdiction Of Indonesia's Administrative Courts: Impediments And Prospects, Enrico Parulian Simanjuntak
The Rise And The Fall Of The Jurisdiction Of Indonesia's Administrative Courts: Impediments And Prospects, Enrico Parulian Simanjuntak
Indonesia Law Review
If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to the Administrative Court jurisdiction. In this paper, I will discuss to what …
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Indonesia Law Review
Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to …
The Great Debate, Dorothy Bradley
The Great Debate, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Polly Holmes: When The Smoke Began To Clear, Hal Harper, Krys Holmes
Public Land & Resources Law Review
No abstract provided.
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
If You're Old Enough To Fight, You're Old Enough To Vote, Bob Brown
Public Land & Resources Law Review
No abstract provided.
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Montana's Need For Change: A Historical Context For "To Make A Better Place.", Evan D. Barrett
Public Land & Resources Law Review
No abstract provided.
Earth Day 1970, Dorothy Bradley
Earth Day 1970, Dorothy Bradley
Public Land & Resources Law Review
No abstract provided.
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore
Public Land & Resources Law Review
No abstract provided.
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham
Public Land & Resources Law Review
No abstract provided.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Protecting Esa-Listed Bull Trout In The Face Of Climate Change: Can The Endangered Species Act And The Clean Water Act Do Their Part?, Jonathan Drake Ph.D J.D.
Public Land & Resources Law Review
No abstract provided.
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
How The West Is Won: Advancing Water Law For Watershed Health, Laura Ziemer, Timothy Hawkes, Michelle Bryan, Kevin Rechkoff
Public Land & Resources Law Review
No abstract provided.
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Environmental Stewardship Of Public Lands? The Decline Of Westslope Cutthroat Trout Along The Eastern Slopes Of The Rocky Mountains In Alberta, Shawn C. Fluker, David W. Mayhood
Public Land & Resources Law Review
No abstract provided.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Bringing Back The Great Bear: Challenges And Opportunities Of Grizzly Restoration In The Northern Rockies, Thomas France Esq., Dan Brister Esq., Ms.
Public Land & Resources Law Review
No abstract provided.
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
The Other Non-Renewable Resource: Cultural Resource Protection In A Changing Energy Future, Wesley J. Furlong
Public Land & Resources Law Review
No abstract provided.
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Epilogue: Progressive Populism’S Glory Days, Rick Applegate
Public Land & Resources Law Review
No abstract provided.
The Black Book, Rob Raney
History Of The Coal Tax, Thomas E. Towe
History Of The Coal Tax, Thomas E. Towe
Public Land & Resources Law Review
No abstract provided.