Open Access. Powered by Scholars. Published by Universities.®

Natural Resources Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Administrative Law

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1051 - 1080 of 3208

Full-Text Articles in Natural Resources Law

Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank Dec 2020

Mtsun, Llc V. Mont. Dep't Of Pub. Serv. Regulation, Ryan W. Frank

Public Land & Resources Law Review

MTSUN, LLC initiated negotiations for a power purchase agreement with NorthWestern Energy in September of 2015 for a potential solar energy facility in eastern Montana. In December of 2016, at an impasse in contract negotiations with NorthWestern, MTSUN filed a petition with the Montana Public Service Commission requesting that the agency exercise its statutory authority to set the terms of the contract for the proposed project. Following MTSUN’s petition, the PSC issued a series of orders and reconsiderations which ultimately reconfigured the entirety of the agreement, including the terms that the parties had previously agreed upon. After exhausting its administrative …

Go to article

Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2020

Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Issuance of Permits; Salt-1 Well, Salt-2 Well, Salt-3 Well (Powhatan Salt Company, LLC)

Go to article

When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox Oct 2020

When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox

Environmental and Earth Law Journal (EELJ)

No abstract provided.

Go to article

Whither The Regulatory "War On Coal"? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters Oct 2020

Whither The Regulatory "War On Coal"? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters

Faculty Scholarship

Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped by nearly half between 2008 and 2016. The coal industry and its political supporters, including the president of the United States, have argued that a suite of air pollution regulations imposed by the U.S. Environmental Protection Agency during the Obama administration seriously undermined coal companies’ …

Go to article

Konsep Kepemilikan Tanah Ulayat Masyarakat Adat Minangkabau, Fitrah Akbar Citrawan Sep 2020

Konsep Kepemilikan Tanah Ulayat Masyarakat Adat Minangkabau, Fitrah Akbar Citrawan

Jurnal Hukum & Pembangunan

Land is a very important factor in the life of the people of Indonesia, especially in the environment of the West Sumatra customary law community, where most of its population depend their lives and livelihoods from the land. In West Sumatra, in reality there are still acknowledged lands in the customary law community whose management, use and use are based on the provisions of local customary law and are recognized by the residents of the customary law community as their communal land. Ulayat Land Minangkanbau in the concept of ownership includes in the narrow sense that it is in the …

Go to article

Penerapan Asas Proporsionalitas Dalam Pemanfaatan Aset Negara Melalui Model Build Operate And Transfer/Bot, Anita Kamilah Sep 2020

Penerapan Asas Proporsionalitas Dalam Pemanfaatan Aset Negara Melalui Model Build Operate And Transfer/Bot, Anita Kamilah

Jurnal Hukum & Pembangunan

National development in infrastructure by utilizing state-owned assets is a priority of President Joko Widodo's administration in an effort to equalize people's welfare through ease of connectivity in all regions of Indonesia. The amount of Indonesia's foreign debt which reached Rp. 5,425 trillion as well as limited government funding in both the APBN and APBD, strived through collaboration with the private sector using the Build Operate and Transfer (BOT) model. For the government, infrastructure development through BOT provides benefits to be able to utilize state assets without having to spend funding, increase state revenue, and at the end of the …

Go to article

Telaah Yuridis Terhadap Surat Edaran Kementrian Agraria Dan Tata Ruang No. 2/Se-Ht.02.01/Vi/2019, Nur Adhim, Siti Mahmudah, Kornelius Benuf Sep 2020

Telaah Yuridis Terhadap Surat Edaran Kementrian Agraria Dan Tata Ruang No. 2/Se-Ht.02.01/Vi/2019, Nur Adhim, Siti Mahmudah, Kornelius Benuf

Jurnal Hukum & Pembangunan

The Agraria Basic Law (UUPA) regulates that legal subjects for land rights, including land with HGB status (Right to Build), are Indonesian citizens and legal entities established under Indonesian law and domiciled in Indonesia. A different thing happened when a Circular from the Ministry of Agraria and Spatial Planning (ATR) was issued, stating that the Partnership Alliance (CV) could apply for land rights in the form of HGB. The difference in the substance of these rules will be analyzed using normative juridical writing methods, using secondary data. This paper will explain the legal status of CV in Indonesia, Arrangement of …

Go to article

Pengaturan Dan Praktek Praperadilan Tindak Pidana Pajak Di Indonesia, Ahmad Sofian, Batara Mulia Hasibuan Sep 2020

Pengaturan Dan Praktek Praperadilan Tindak Pidana Pajak Di Indonesia, Ahmad Sofian, Batara Mulia Hasibuan

Jurnal Hukum & Pembangunan

Pretrial is an institution to control and correct law enforcement which are deemed to have violated mechanisms established in procedural laws. The correction is not aimed to look into the aspects of the alleged criminal case but determine whether “rules of the game” established in the formal criminal law have been implemented properly or not. In practice, tax payers being involved in tax criminal cases often file pretrial motion although tax investigators actually have applied the principles of formal criminal law in legal measures they take. There are often different interpretations of laws and regulations used in pretrial institution for …

Go to article

Prostitusi Online: Penjualan Suami Oleh Istri (Perubahan Relasi Gender Dan Seksualitas Di Era Digital), Vinita Susanti Sep 2020

Prostitusi Online: Penjualan Suami Oleh Istri (Perubahan Relasi Gender Dan Seksualitas Di Era Digital), Vinita Susanti

Jurnal Hukum & Pembangunan

This article discusses online prostitution in the digital age, by showing changes in gender relations between victims and perpetrators, which are analyzed with the view of radical feminists and Bourdieu's theory, symbolic violence. Women in gender ideology are placed as victims, so in this article there is social deconstruction, where women occupy positions as perpetrators. This change was demonstrated through an online prostitution case: the selling of a husband by a wife. The discussion begins with the case of online prostitution, women in reality studies: victims of online prostitution, the study of radical feminist thought and symbolic violence from Bourdieu's …

Go to article

Peraturan Presiden No. 125/ 2016 Sebagai Katalis Perubahan Dalam Kebijakan Penyelamatan Kapal Pengungsi Rohingya, Susan Kneebone Sep 2020

Peraturan Presiden No. 125/ 2016 Sebagai Katalis Perubahan Dalam Kebijakan Penyelamatan Kapal Pengungsi Rohingya, Susan Kneebone

Jurnal Hukum & Pembangunan

This paper incorporates discussion and papers presented at a Workshop on ‘Presidential Regulation No. 125 of 2016 on the Treatment of Refugees and Asylum Seekers in Indonesia: Opportunities and Challenges’, held at the Fakultas Hukum (Faculty of Law), Universitas Indonesia, in March 2018. The argument in this piece, namely that the Peraturan Presiden (Presidential Decree) No. 125/ 2016 is unlikely to be effective, has been borne out by the action of fishermen from Aceh who in 2020 landed 99 Rohingya refugees after the government of Indonesia refused to assist them. The PerPres of 125/16 does not contain a clear and …

Go to article

Klaim Asuransi Pesawat Udara Sewa Guna Usaha (Operating Lease) Sebagai Objek Jaminan Fidusia, Sukarmi Sukarmi, M. Sudirman, Dwi Egawati Sep 2020

Klaim Asuransi Pesawat Udara Sewa Guna Usaha (Operating Lease) Sebagai Objek Jaminan Fidusia, Sukarmi Sukarmi, M. Sudirman, Dwi Egawati

Jurnal Hukum & Pembangunan

Airlines in the process of procurement of an Aircraft, one of which is through Operating Lease with the Leasing Company. The Leasing Company (Lessor) in purchasing an Aircraft with funding mechanism from the Bank shall encumber the Aircraft with a mortgage as its securities. In the Aircraft Lease Agreement, Insurance Claim over the Aircraft shall also be encumbered with fiduciary by Airlines. Nevertheless, under Article 10 paragraph b Law of The Republic of Indonesia Number 42 of 1999 on Fiduciary (hereinafter referred to as UUJF) states that unless otherwise agreed, Fiduciary includes the Insurance Claims in the event that the …

Go to article

Kendala Dan Cara Hakim Peradilan Tata Usaha Negara Pasca Uu Administrasi Pemerintahan: Suatu Pendekatan Atas Penanganan Perkara Fiktif Positif, I Gusti Ngurah Wairocana, I Wayan Bela Siki Layang, I Ketut Sudiarta, Putu Ade Hariestha Martana, Kadek Agus Sudiarawan, Bagus Hermanto Sep 2020

Kendala Dan Cara Hakim Peradilan Tata Usaha Negara Pasca Uu Administrasi Pemerintahan: Suatu Pendekatan Atas Penanganan Perkara Fiktif Positif, I Gusti Ngurah Wairocana, I Wayan Bela Siki Layang, I Ketut Sudiarta, Putu Ade Hariestha Martana, Kadek Agus Sudiarawan, Bagus Hermanto

Jurnal Hukum & Pembangunan

After the enactment of the Law of Government Administration, had implied to shifting paradigm concerning the regime of Administrative Decision from negative fictive became positive fictive. However, the regulation into Law of Government Administration contains several obstacles on pratical scope towards Administrative Court Judges. Meanwhile enactment of Supreme Court regulation however Adiministrative Court Judges searching the suitable method after implication of positive fictive regime in the Administrative Procedural Law System. This study aims to analyze and discuss concerning obstacles and method by the Administrative Court Judges solving the practical obstacles after enactment of the Law of Government Administration. This study …

Go to article

Kebijakan Perlindungan Anak Korban Kejahatan Seksual Di Cirebon, Nur Rahman, Sarip Sarip Sep 2020

Kebijakan Perlindungan Anak Korban Kejahatan Seksual Di Cirebon, Nur Rahman, Sarip Sarip

Jurnal Hukum & Pembangunan

This research is motivated by the local media in Cirebon since May 2016-2018 cannot be separated from the discussion and data that Cirebon is categorized as an emergency of child violence. The category of emergencies can be known from data on the increase in child violence in 2016 with 30 cases recorded, in 2017 there were 126 cases, and in early 2018 it increased to 147 cases. What is the ideal policy for realizing child protection? What steps should be taken by the regional government in Cirebon in responding to areas that are included in the emergency situation of child …

Go to article

Tanggung Jawab Jabatan Dan Tanggung Jawab Pribadi Dalam Penggunaan Diskresi, Nehru Asyikin, Adam Setiawan Sep 2020

Tanggung Jawab Jabatan Dan Tanggung Jawab Pribadi Dalam Penggunaan Diskresi, Nehru Asyikin, Adam Setiawan

Jurnal Hukum & Pembangunan

Discretion is part of the authority to act freely by government officials to ensure the implementation of public services. However, the discretionary rules inherent in the office when it must be immediately to act without written law creates a conflict about the government must be based on the law. On the other hand the need for discretion becomes a polemic regarding job responsibilities and personal responsibility in the use of discretion, which parameters of use sometimes cause harm to society. The results of the study show that the implications of using discretion in the actions of officials that are used …

Go to article

Status Hak Tanggungan Pada Pembiayaan Kepemilikan Rumah Di Akad Musyarakah Mutana Qisah (Mmq), Febrian Dwi Laksono, Thohir Luth, Siti Hamidah Sep 2020

Status Hak Tanggungan Pada Pembiayaan Kepemilikan Rumah Di Akad Musyarakah Mutana Qisah (Mmq), Febrian Dwi Laksono, Thohir Luth, Siti Hamidah

Jurnal Hukum & Pembangunan

The prevailing legal stipulations on the contract of the Musyarakah Mutanaqisah (MMQ) financing are occurred legal uncertainty, which is caused by obscurity of the encumbrance regulations for land relating to financing with the MMQ contract. One of arising legal issue in the MMQ financing mechanism is a blurring of the norms contained in Law Number 4 of 1996 concerning Encumbrance Right over Land And Land-Related Objects (UUHT). The obscurity is caused by unclear stipulating sharia financing or specifically financing with the MMQ contract in UUHT. One of the provisions that reflecting this lack of clarity is to examine the description …

Go to article

Penguatan Kapasitas Lpd Desa Adat Di Bali Melalui Penyuratan Awig-Awig, I Made Suwitra, I Ketut Selamet, Luh Kade Datrini Sep 2020

Penguatan Kapasitas Lpd Desa Adat Di Bali Melalui Penyuratan Awig-Awig, I Made Suwitra, I Ketut Selamet, Luh Kade Datrini

Jurnal Hukum & Pembangunan

The Village Credit Institution (LPD) owned by Desa Adat in Bali is oriented to strengthen the economy of indigenous peoples (krama adat) through lending (loans) and savings. The main source of capital for LPDs is the commitment and trust of all village manners which are submitted through the Adat Village Management Board (Prajuru) and the LPD Board. The strengthening of LPDs is in its management and accounting system and its supervision, because it is not uncommon for LPDs that are already large due to weak monitoring systems, poor management and accounting systems to misuse LPD funds utilization which causes LPD …

Go to article

Optimalisasi Fungsi Pengawasan Dewan Etik Mahkamah Konstitusi, Fajlurrahman Jurdi, Rizqa Ananda Hanapi, Taufik Hidayat Sep 2020

Optimalisasi Fungsi Pengawasan Dewan Etik Mahkamah Konstitusi, Fajlurrahman Jurdi, Rizqa Ananda Hanapi, Taufik Hidayat

Jurnal Hukum & Pembangunan

Violations of law and code of ethics performed by the constitutional judge shows that there is abuse of power within the court. The existence of Board of Ethics has questioned due to these violation and accused for not being able to perform its function in maintaining the dignity of the court. This concludes that the optimization of the function of the Board of Ethics are necessary. This is a normative and doctrinal research with several approaches. This research explains that board of ethics needs several changes within its body, such as: 1) boarden the board’s authority from investigating reports and …

Go to article

Menilik Rezim Pengelolaan Tambang Freeport Dalam Mewujudkan Kesejahteraan Rakyat: Perpanjangan Kontrak Karya Atau Peralihan Ke Rezim Perizinan?, Ananda Prima Yurista, Rizky Septiana Widyaningtyas, Alda Awwalil Hasani Sep 2020

Menilik Rezim Pengelolaan Tambang Freeport Dalam Mewujudkan Kesejahteraan Rakyat: Perpanjangan Kontrak Karya Atau Peralihan Ke Rezim Perizinan?, Ananda Prima Yurista, Rizky Septiana Widyaningtyas, Alda Awwalil Hasani

Jurnal Hukum & Pembangunan

The management of mineral and coal mining by Freeport has been carried out since 1967 based on a work agreement/contract of work, which is regulated in Law No. 11 of 1967 concerning Basic Mining Provisions. Since the enactment of Law no. 4 of 2009 concerning Coal Minerals under the authority in the management of minerals and coal changed from a work agreement/contract of work to a mining business permit. This article will try to respond to opportunities for contract extension or termination of work contacts and see which regimes will provide greater opportunities for the benefit of the state (in …

Go to article

Tindak Pidana Pencemaran Nama Baik Melalui Facebook Menurut Kuhp Dan Undang-Undang Nomor 11 Tahun 2008 Tentang Ite, Arif Satria Subekti, Novian Ardynata Setya Pradana, Ajrina Yuka Ardhira, Mukhammad Tismandico Ilham Zulfikar Sep 2020

Tindak Pidana Pencemaran Nama Baik Melalui Facebook Menurut Kuhp Dan Undang-Undang Nomor 11 Tahun 2008 Tentang Ite, Arif Satria Subekti, Novian Ardynata Setya Pradana, Ajrina Yuka Ardhira, Mukhammad Tismandico Ilham Zulfikar

Jurnal Hukum & Pembangunan

The size of an action can be named as defaming the reputation of others is still unclear because many factors must be studied. In the case of defamation or defamation that is protected, the protection of others for the other person's point of view is protected and the agreed name in the eyes of others. Someone even the authorities will face us to account for a word that we have made against someone. Being asked to act disgracefully can help fight in the community. More than that, in solving problems, the legal people are actually required to really determine the …

Go to article

Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster Sep 2020

Preview—Park County Environmental Council V. Montana Department Of Environmental Quality: A Test Of Montana’S Right To A Clean And Healthful Environment, Liz M. Forster

Public Land & Resources Law Review

The Supreme Court of Montana will hear oral arguments in this matter on Wednesday, September 30, 2020, at 9:30 a.m. in the Mazurek Justice Building in Helena, Montana. This case challenges a key provision of Montana’s bedrock environmental law—the Montana Environmental Policy Act (“MEPA”)—and tests the judicial power of the state’s constitutional right to a clean and healthful environment to issue injunctions to prevent environmental harm.

Go to article

Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms. Sep 2020

Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.

Public Land & Resources Law Review

A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …

Go to article

Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien Sep 2020

Montana Wildlife Federation V. Bernhardt, Henry D. O'Brien

Public Land & Resources Law Review

A federal court in Montana vacated the lease sale of several large oil and gas developments in Montana and Wyoming because BLM’s revised guidance documents, which facilitated the lease sales, failed to prioritize development outside of sage-grouse habitat, as required by BLM land use plans. BLM adopted the prioritization requirement in 2015 as part of an effort to prevent the sage-grouse from being listed under the Endangered Species Act. The court held BLM violated the Federal Land Policy and Management Act when it essentially eliminated the prioritization requirement and approved the lease sales without properly amending the land use plans.

Go to article

County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner Sep 2020

County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States was recently asked to decide whether the Clean Water Act requires a permit for the discharge of pollutants that originate from a point source but are conveyed to navigable waters by a nonpoint source. Vacating the Ninth Circuit’s “fairly traceable” test, the Court held the Clean Water Act requires a permit when there is a direct discharge of pollutants from a point source into navigable waters or when there is the “functional equivalent of a direct discharge.”

Go to article

U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson Sep 2020

U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson

Public Land & Resources Law Review

The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …

Go to article

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.

Go to article

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 …

Go to article

Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Go to article

The Great Debate, Dorothy Bradley Aug 2020

The Great Debate, Dorothy Bradley

Public Land & Resources Law Review

No abstract provided.

Go to article

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.

Go to article

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.

Go to article

First Prev Next Last