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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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Sep 2020

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 Aug 2020

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 Aug 2020

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 Aug 2020

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 Aug 2020

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 Aug 2020

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 Aug 2020

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 Aug 2020

Earth Day 1970, Dorothy Bradley

Public Land & Resources Law Review

No abstract provided.


Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore Aug 2020

Alice Creek — 1970 Montana Confronts The Copper Giant, James D. Moore

Public Land & Resources Law Review

No abstract provided.


Quotes And Acknowledgments Aug 2020

Quotes And Acknowledgments

Public Land & Resources Law Review

No abstract provided.


Letter From The Editor Aug 2020

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.


Table Of Contents Aug 2020

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Dedication Aug 2020

Dedication

Public Land & Resources Law Review

No abstract provided.


Editors And Staff Members Aug 2020

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.


The Defence Of Necessity And Addressing Climate Change: A Canadian Case, David Gooderham Aug 2020

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. Aug 2020

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 Aug 2020

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 Aug 2020

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. Aug 2020

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 Aug 2020

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 Aug 2020

Epilogue: Progressive Populism’S Glory Days, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


The Black Book, Rob Raney Aug 2020

The Black Book, Rob Raney

Public Land & Resources Law Review

No abstract provided.


History Of The Coal Tax, Thomas E. Towe Aug 2020

History Of The Coal Tax, Thomas E. Towe

Public Land & Resources Law Review

No abstract provided.