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Articles 421 - 450 of 18409
Full-Text Articles in Environmental Law
Water Knows No Boundaries: Tribal Jurisdiction Over Non-Indians' Off-Reservation Conduct That Threatens On-Reservation Tribal Water Resources, Wesley J. Furlong, Lori E. Blumenthal
Water Knows No Boundaries: Tribal Jurisdiction Over Non-Indians' Off-Reservation Conduct That Threatens On-Reservation Tribal Water Resources, Wesley J. Furlong, Lori E. Blumenthal
Public Land & Resources Law Review
This Article begins by discussing Manoomin and Sauk-Suiattle, orienting the reader to how these complicated jurisdictional issues have been addressed by Tribal courts. Next, this Article sets forth the current framework under Montana and Merrion for determining the extent of Tribal civil jurisdiction over non-Indians. Next, this Article examines the caselaw establishing Tribal Nations’ inherent sovereign authority to exercise civil jurisdiction over non-Indian activities and conduct occurring on-reservation that threaten or affect Tribal water resources and rights. Finally, this Article examines the caselaw that lays the groundwork for extending Tribal Nations’ civil jurisdiction over non-Indian activities and conduct occurring off-reservation …
Treaty Justice: Charles Wilkinson's Homage To The Boldt Decision, Michael C. Blumm
Treaty Justice: Charles Wilkinson's Homage To The Boldt Decision, Michael C. Blumm
Public Land & Resources Law Review
Charles Wilkinson, a beloved teacher, author, and advisor, gave his readers perhaps his most personal gift in Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights (U. Washington Press, 2024). Wilkinson finished the manuscript just a week before his unexpected death, at age 81, in 2023. The book is a blend of personal memoirs of countless encounters of people involved in the seminal Boldt decision–which revolutionized treaty fishing rights– and its aftermath, and part of legal history by an analyst who was acutely sensitive to the vagaries of both law and history. We are fortunate …
Abandoning The Iron Horse: Railroad Rights-Of-Way And The Implied Doctrine Of Reverter On Indian Reservations, Arthur B. Macomber
Abandoning The Iron Horse: Railroad Rights-Of-Way And The Implied Doctrine Of Reverter On Indian Reservations, Arthur B. Macomber
Public Land & Resources Law Review
Land title issues on Indian Reservations are notoriously but unnecessarily complex. Unsettled land titles and the resulting fragile land ownership status on Indian Reservations are well-known factors impeding productive land uses, the cure of environmental degradation, and Indian sovereignty, ownership, and control over sustainable land uses. Some lawsuits even question the existence of a Reservation itself. Land titles to many parcels on Indian Reservations have been split into thousands of owners. Using existing law and principles of equity, abandoned Reservation rights-of-way of many types do not have to sit unused and economically unproductive. Future lawsuits and other wasteful societal friction …
Powering Progress: How Ferc Order 2023'S Cluster Study Process Aims To Revolutionize Grid Interconnection, Lowell J. Chandler
Powering Progress: How Ferc Order 2023'S Cluster Study Process Aims To Revolutionize Grid Interconnection, Lowell J. Chandler
Public Land & Resources Law Review
This Article analyzes Order 2023’s cornerstone reform: the replacement of the traditional first-come, first-served serial queue process with a more sophisticated first-ready, first-served cluster study approach. The Article also provides a basic introduction to utility regulation in the United States. While Order 2023’s change promises to revolutionize grid interconnection, the Article also considers whether additional reforms may be necessary to fully realize FERC’s vision of an efficient, equitable interconnection process.
Perizinan Usaha Wisata Kawasan Karst Gunung Sewu: Diskresi Penataan Ruang Dan Ancaman Lingkungan Hidup, Siti Rahma Novikasari, Aditya Khrisna Murti
Perizinan Usaha Wisata Kawasan Karst Gunung Sewu: Diskresi Penataan Ruang Dan Ancaman Lingkungan Hidup, Siti Rahma Novikasari, Aditya Khrisna Murti
Jurnal Hukum & Pembangunan
The Gunung Sewu Karst Area is located in Gunungkidul, Wonogiri, and Pacitan Regencies. It has a unique geological formation so it was designated as a Global Geopark by the United Nations Education Scientific and Cultural Organization (UNESCO) in 2015. However, the Gunungkidul Regional Government is targeting the regional economy condition by proposing to reduce the number of karst landscape area and granting tourism business permits. These actions had serious impacts on geological, hydrological and ecological conditions. Therefore, this study aims to examine: 1) How is the conformity between tourism business permits and spatial planning provisions for the karst area? 2) …
Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale
Living Heritage, Resilience And Ethically Informed Infrastructures In Malawi, Martha B. Lerski, Frank Puluputu Mwale
Publications and Research
Rooted in a rural community’s needs, this paper explores how historically, and ethically informed infrastructures can support community engagement towards identification, documentation, and dissemination of local, traditional, and indigenous knowledge relating to climate change. The paper examines climate adaptation and sustainability issues through the lenses of community organizing and Library & Information Science best practices. It draws on a growing body of literature identifying a role for expanded epistemological and subject discipline perspectives. While the impacts of climate on material culture are increasingly recognized, intangible, and biocultural heritage have not received as much attention. Living heritage traditions and knowledge systems …
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
Theses and Dissertations
This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …
محددات الحقوق البيئية بالمغرب وواقع ممارستها, Mansour Ennaama
محددات الحقوق البيئية بالمغرب وواقع ممارستها, Mansour Ennaama
Journal of the Association of Arab Universities for Research in Higher Education مجلة اتحاد الجامعات العربية للبحوث في التعليم العالي
استعرض المقال الإطار النظري والقانوني للتشريع البيئي في المغرب، بالإضافة إلى تحليل التحديات التي تعترض تطبيقه وآفاق تحسينه. وتبرز الدراسة وجود فجوة بين النصوص القانونية البيئية وواقع الممارسة في المغرب مما يقلل من فعالية هذه التشريعات في حماية البيئة. كما تعيق التحديات المؤسسية والإدارية والمالية التطبيق الفعال لهذه التشريعات، إذ تواجه المؤسسات المعنية بحماية البيئة تحديات كبيرة تتعلق بنقص التنسيق والتداخل في الصلاحيات، مما يؤدي إلى ضعف في التنفيذ والمراقبة، حيث تعاني الجهات المسؤولة عن حماية البيئة من نقص في التمويل، مما يؤثر سلباً على قدرتها على تنفيذ البرامج البيئية وصيانة البنية التحتية البيئية. كما أن هناك حاجة ملحة لتعزيز …
Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison
Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison
Public Land & Resources Law Review
In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.
Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann
Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann
Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Beacon Trying To Signal Heading: The Ninth Circuit Interprets The California Whistleblower Protection Act In Killgore V. Specpro Professional Services, Llc, Naseem Memari
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette
Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy
Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Lulucf Is More Than A Mouthful: How The United States Could Implement The European Union’S Land Use, Land-Use Change, And Forestry Policy To Help Fight Against The Us Agricultural Lobby And Fight Climate Change, Isabella Neihardt
Brooklyn Journal of International Law
Climate change is this generation’s defining issue, and one that has passed the point of requiring critical attention and response. Agriculture is a major contributor to anthropogenic global warming, but it has largely evaded environmental regulation in the United States (US) due to “agricultural exceptionalism” and a powerful agricultural lobby. Activities in the land use, land-use change, and forestry (“LULUCF”) sector can effectively offset carbon dioxide equivalent emissions from agricultural activities through a process known as a “carbon sink.” In the European Union (EU), the agricultural sector is already regulated through Regulation (EU) 2023/839, the first LULUCF regulation of its …
Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement, Sara Cody
Pace Environmental Law Review
In May 2023, Governor Gavin Newsome publicly announced a California Environmental Quality Act (“CEQA”) reform bill (SB 149), which he signed into law on July 10, 2023. From the moment this was announced, the proposal was barraged by pushback, not from climate negative industry, but from major environmental groups, including the National Resource Defense Council and the Sierra Club, among others. Why is this? One reason is that permit reform has historically been championed by the fossil fuel industry as a method for cutting red tape to make resource exploration faster, easier, and less costly. Even so, the ratio of …
Strange Bedfellows: Guardians For Fetuses And Future Generations, Celia Parry
Strange Bedfellows: Guardians For Fetuses And Future Generations, Celia Parry
Pace Environmental Law Review
In the 1970s, savvy anti-abortion lawyers began employing “fetal guardians” as a procedural mechanism to restrict abortion access. In Juliana v. United States, arguably the most important climate lawsuit from the past ten years, a “guardian for future generations” acted as a plaintiff. These forms of legal guardianship resemble each other because they both rely on property law precedent, invoke creative interpretations of guardianship, and represent future interests. This connection also presents a predicament for climate litigators and anti-abortion litigators, who don’t typically share the same agenda. To date, this intersection between fetal and future generation guardianship has not received …
Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle
Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle
Pace Environmental Law Review
Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks “what are you going to do about it?”, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental justice. At the same time, environmental protection is necessary. Not only does environmental protection, by definition, protect the biotic and abiotic components of the natural world, but it further serves to protect humans, who unequivocally rely on the natural environment to sustain their collective life. Everything – living and …
Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law, Jarrod Ingles
Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law, Jarrod Ingles
Pace Environmental Law Review
As the United States seeks to address concerns about climate change and energy affordability through the deployment of renewable energy and natural gas, the tensions between energy law and environmental law have come into sharper relief. These two related fields are converging as never before because solutions to rising energy costs and the “wicked problem” of climate change often pit the impulses of energy and environmental agencies against one another. Applying a narrative theory approach, I contend that energy law and environmental law will continue to be in tension because they are grounded in different narratives, which in turn communicate …
Back To The Future For Climate Liability, Anthony Moffa
Back To The Future For Climate Liability, Anthony Moffa
Pace Environmental Law Review
The Polluter Pays Principle has been a central tenet of environmental policy for decades. It provided an economic justification for compelling cleanups through the Superfund law (the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)). However, outside of that context, it has not been explicitly cited as the chief justification for much environmental law in the United States—until now. The principle has recently been invoked in state climate lawmaking. Last year, Vermont and New York became the first states to enact laws that impose liability on fossil fuel producers for climate change harms, invoking the Polluter Pays Principle and Superfund …
Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady
Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady
Public Land & Resources Law Review
A proposed copper mine located near tributaries of the highly protected Smith River in central Montana set off a series of lawsuits over the use of water in the state. After a number of administrative hearings and subsequent trials, the only substantial question left was the status of “mine dewatering.” The Montana Supreme Court decided whether 1,500,000 gallons of water removed annually from the inner workings of a mine should require a water use permit as a beneficial use or if it exists outside of the regulatory jurisdiction of the Montana Department of Natural Resources under the Montana Water Use …
Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles
Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles
Public Land & Resources Law Review
Montana Environmental Information Center v. Montana Department of Public Service Regulation provides insight into the discretion of the Public Service Commission and its impact on renewable energy development in Montana, especially in the wake of the repeal of the Renewable Power Production and Rural Economic Development Act. This case evaluates the Commission’s decisions to grant waivers to NorthWestern Energy for its 2015 and 2016 renewable energy purchase obligations under the Act. The Court found the Commission’s decisions were arbitrary and unsupported by substantial evidence and appropriate reasoning. Montana’s renewable portfolio standards had proven effective in promoting renewable energy and economic …
Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey
Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey
Public Land & Resources Law Review
In United States v. Harper, the Tenth Circuit reversed a conviction for violent crimes committed in Indian Country because the government failed to provide admissible evidence proving that the defendant was an “Indian” under federal law. At first glance, the ruling appears to turn on a technical evidentiary issue concerning the exclusion of a tribal membership verification letter under the business records exception. Yet the case reveals something deeper: a jurisdictional framework that conditions the recognition of tribal identity on federal evidentiary norms, and in doing so, limits the functional sovereignty of tribal governments in federal courts. This Note seeks …
Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard
Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard
Public Land & Resources Law Review
Friends of the Inyo v. United States Forest Service provides necessary guidance for categorical exclusion analysis under the National Environmental Policy Act. The Ninth Circuit Court of Appeals held that the United States Forest Service wrongfully construed NEPA as permissive of applying different categorical exclusions to various components of the same mining project until the project was excluded in its entirety from further environmental review. The Court’s holding establishes two essential rules for evaluating mining proposals on public lands: (1) a categorical exclusion, when applied under § 220.6, must cover the entire scope of a proposed project; and (2) the …
Session 2: The Cases For Industry Self-Regulation And Government Regulation Of Ai, Boaz Ashkenazy, Kevin Bartholomew, Kevin De Liban, Christopher Yoo
Session 2: The Cases For Industry Self-Regulation And Government Regulation Of Ai, Boaz Ashkenazy, Kevin Bartholomew, Kevin De Liban, Christopher Yoo
SITIE Symposiums
In Session Two of the SITIE 2025 Symposium titled “The Cases for Industry Self-Regulation and Government Regulation of AI,” moderated by Seattle University Technology Ethics Initiative Director and Professor Onur Bakiner, the panelists discuss their perspectives and experiences with AI regulation. They share observations about the industry and delve into the topics of AI complexity, concerns around accountability, the shift to agentic AI, the current state of AI regulation, existing legal guardrails, and their outlook on AI regulation.
Session 1: Guidance From International Regulation Sources, Charlotte Tschider, Marie-Charlotte Roques-Bonnet
Session 1: Guidance From International Regulation Sources, Charlotte Tschider, Marie-Charlotte Roques-Bonnet
SITIE Symposiums
In Session One of the SITIE 2025 Symposium titled “Regulating Artificial Intelligence: From Where and When?”, Professor Mark Chinen moderated a panel featuring Professor Charlotte Tschider and Dr. Marie-Charlotte Roques-Bonnet. The discussion focused on international AI regulation, privacy, data governance, and the EU’s regulatory approach to AI oversight.