Cultural Heritage Law Commons^™

A Retrospective: The Golden Years, Peter M. Meloy

Public Land & Resources Law Review

No abstract provided.

The Hard Rock Mining Bill: House Bill 243, Harrison Fagg

Public Land & Resources Law Review

No abstract provided.

The Senate Democratic Caucus Of 1975, Thomas E. Towe

Public Land & Resources Law Review

No abstract provided.

An Epic Depate, Greg Jergeson

Public Land & Resources Law Review

No abstract provided.

How House Bill 666 And Grass Roots Democracy Won Subdivision Reform For Montana, John Vincent

Public Land & Resources Law Review

No abstract provided.

The Montana Environmental Information Center, Robin Nichols

Public Land & Resources Law Review

No abstract provided.

The 1972 Montana State Constitution Declaration Of Rights And The Opportunities On The Bumpy Road Ahead, Rick Applegate

Public Land & Resources Law Review

No abstract provided.

My Glory Days: How I Came To Be In The Right Place At The Right Time., Mae Nan Ellingson

Public Land & Resources Law Review

No abstract provided.

The Writing And Ratification Of The 1972 Montana Constitution, Bob Campbell

Public Land & Resources Law Review

No abstract provided.

Alice Creek, Dolores Colburg

Public Land & Resources Law Review

No abstract provided.

Montana (1959 – 1989) Political Evolution — Political Revolution, Ted Schwinden

Public Land & Resources Law Review

No abstract provided.

Author Biographies

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter From The Editor

Public Land & Resources Law Review

No abstract provided.

Plrlr Editors And Staff

Public Land & Resources Law Review

No abstract provided.

Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte

Public Land & Resources Law Review

Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.

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 …

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.

Preview—United States Forest Service V. Cowpasture River Preservation Association: Can The Pipeline Cross The Trail?, Alizabeth Bronsdon

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral argument in this matter on Monday, February 24, 2020, at 10 a.m. in the Supreme Court Building in Washington, D.C. Anthony Yang, Assistant to the Solicitor General, will likely argue for the United States. In a divided oral argument, Paul D. Clement will likely appear for Atlantic Coast Pipeline, LLC, the petitioner in consolidated case No. 18-1587, Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association. Michael K. Kellogg will likely appear for the Respondents.

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Preview—Atlantic Richfield Company V. Christian: The Intersection Of Superfund And State-Law Restoration Claims, Emily M. Mcculloch

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Tuesday, December 3, 2019, at 11:00 a.m. in the Supreme Court Building in Washington, D.C. Lisa S. Blatt will likely appear for the Petitioner. Joseph R. Palmore will likely appear for the Respondents. Solicitor General Noel J. Francisco will likely argue on behalf of the United States.

Wildearth Guardians V. Zinke, Emily M. Mcculloch

Public Land & Resources Law Review

WildEarth Guardians v. Zinke marks an important decision prompting the Bureau of Land Management to seriously consider greenhouse gas emissions when performing environmental assessments for oil and gas leasing. WildEarth Guardians and Physicians for Social Responsibility, two non-profit organizations, asserted BLM improperly failed to recognize greenhouse gas emissions and their impacts on climate change when issuing oil and gas leases in three western states. The United States District Court for the District of Columbia agreed, finding that by failing to take a hard look at environmental impacts from its leasing decisions, BLM violated the National Environmental Policy Act’s requirements.

Preview—Murray V. Bej Minerals, Llc: Finding A Home For Fossils, Layne L. Ryerson

Public Land & Resources Law Review

The Montana Supreme Court will hear oral arguments in this matter on Thursday, November 7, 2019 at 9:30 AM in the courtroom of the Montana Supreme Court, Joseph P. Mazurek Building, Helena, Montana. The Honorable Olivia Rieger will hear the case in place of Justice Jim Rice, who recused himself. Eric B. Wolff is expected to argue for the Appellants. Harlan B. Krogh is expected to argue for the Appellees.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District …

Kloker V. Fort Peck Tribes, Hallee Kansman

Public Land & Resources Law Review

Kloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself.

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.