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Articles 1291 - 1320 of 3208

Full-Text Articles in Natural Resources Law

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish Aug 2017

An Overview Of The Zika Virus Epidemic And What America Can Do To Prevent The Spread Of The Virus In The Future, Alexandra Parrish

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Clean Power Plan, Janice Chon Aug 2017

Clean Power Plan, Janice Chon

Environmental and Earth Law Journal (EELJ)

No abstract provided.


It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman Aug 2017

It's All Downhill From Here: How The Nation's Dispute With Clean Water Act Jurisdiction Is Solved, Spencer H. Newman

Environmental and Earth Law Journal (EELJ)

What makes the United States one of the most prosperous and safest nations in the modern world? Perhaps it is the durable economy, the strong military force, or the Constitutional protections. What most Americans take for granted, however, is something people in many nations base their entire lives around: safe, clean water. Promulgated in 1972, the original Clean Water Act has been opposed and amended over the course of forty years. No provision, however, has been as hotly contested as the § 404 program for “dredge and fill” permits. Specifically, this section led to divisions on what constitutes “water” that …


Appeal No. 0932: Steven Passerell V. Division Of Oil & Gas Resources Management & Michael D. Hobbs, Ohio Oil & Gas Commission Aug 2017

Appeal No. 0932: Steven Passerell V. Division Of Oil & Gas Resources Management & Michael D. Hobbs, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-304 (H&R Smith Unit #1 Well)


Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman Aug 2017

Evasion Of Foreign Taxes For Wildlife Exports As A Violation Of The Lacey Act, Audrey Elzerman

Sea Grant Law Fellow Publications

This study considers whether violations of foreign export duty requirements for live wildlife shipments can be prosecuted under United States law. The next section introduces the Lacey Act, which offers a potent enforcement tool against wildlife trafficking and related offenses. The study then considers whether and how export duty fraud violates the Lacey Act and the possible penalties that apply to such violations. Finally, it uses the Philippines as a case study to illustrate the utility of exporting country laws for Lacey Act prosecution of these cases.


Appeal No. 0926: Goerge Jr. & Karen L. Dudich V. Division Of Oil & Gas Resources & Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission Jul 2017

Appeal No. 0926: Goerge Jr. & Karen L. Dudich V. Division Of Oil & Gas Resources & Ascent Resources - Utica, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-118; Troyer W LND DR Unit (Ascent Resources - Utica)


Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann Jul 2017

Consideration For Unols Treatment Of Orvs As Public Vessels, Mark Hartmann

Sea Grant Law Fellow Publications

This document reviews the legal standards providing differential treatment of “public vessel” under federal regulations, including regulatory definitions of that term. In addition, it reviews language in key international legal instruments that provide similar special treatment for selected vessels owned by governments. This document is a supplement to Status of the U.S. Academic Research Fleet as Public Vessels under U.S. and International Law, which discusses the application of these and other legal authorities relevant to a determination of whether U.S. academic research fleet vessels are public vessels. The authorities presented here are separated by issuing agency (for regulatory citations). International …


Appeal No. 0935: B&N, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2017

Appeal No. 0935: B&N, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-346; (Weddle Wiley #1 Well)


Appeal No. 0912: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission Jun 2017

Appeal No. 0912: John & Arlene Wehr V. Division Of Oil & Gas Resources Management & Gulfport Energy Corporation, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-471 (Gulfport Energy Corporation; Brown #9 Unit)


Appeal No. 0928: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission May 2017

Appeal No. 0928: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-46 & 2016-16 (Unitzation Order & Revocation Order; Huffman Trust South Unit; Chsepeake Exploration, LLC)


Appeal No. 0862: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission May 2017

Appeal No. 0862: Clewell Family Farm, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2014-46 & 2016-16 (Unitzation Order & Revocation Order; Huffman Trust South Unit; Chsepeake Exploration, LLC)


Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy Apr 2017

Catskill Mountains Chapter Of Trout Unlimited, Inc. V. United States Environmental Protection Agency, Benjamin W. Almy

Public Land & Resources Law Review

Trout Unlimited’s effort to overturn the EPA’s Water Transfers Rule was stifled by the Second Circuit. The court’s comprehensive Chevron analysis determined that while the NPDES Water Transfers Rule may be at odds with the Clean Water Act’s mission, it was based on a reasonable interpretation of the statute’s ambiguous language, and therefore it did not violate the Administrative Procedures Act.


Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey Apr 2017

Choosing Your Ground On The Endangered Species Act: How Do The Ninth, Tenth, And District Of Columbia Circuit Courts Of Appeal Evaluate Water Management Decisions Made By Federal Water Agencies?, Michael Kinsey

Pace Environmental Law Review

The purpose of this article is twofold. First, federal agencies are responsible for the development and implementation of ESA documents, and knowing what a court will look for and at when that document is challenged can help the agencies to develop a document that can better survive court review. Second, a plaintiff who challenges such a document can benefit from that same knowledge, by knowing which elements of the document to best challenge. The intent of this article is to provide practitioners, both agency and non-, with an introduction to that knowledge, to identify some of those difficulties, dangers, and …


Ohio Valley Environmental Coalition V. Fola Coal Company, Llc, Emily A. Slike Apr 2017

Ohio Valley Environmental Coalition V. Fola Coal Company, Llc, Emily A. Slike

Public Land & Resources Law Review

Disregarding CWA regulations, WVDEP allowed for a state coal mining company, Fola, to discharge pollutants into the Stillhouse Branch without regard for water quality violations. Fola claimed that because it held a WV/NPDES permit, it was shielded from any liability so long as the company followed the permit’s provisions, even if its discharge violated CWA water quality standards.


Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein Mar 2017

Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein

Public Land & Resources Law Review

In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.


Appeal No. 0927: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2017

Appeal No. 0927: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-158 (modifying Chief's Order 2016-121); M-I SWACO Facility


Appeal No. 0931: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Mar 2017

Appeal No. 0931: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Termination Letter; Strasburg Facility


Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman Mar 2017

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.


Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein Feb 2017

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land & Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.


Appeal No. 0908: Dover-Atwood Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0908: Dover-Atwood Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-416; Shirley et al Unit #3 Well


Appeal No. 0936: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0936: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-368 (Liability Insurance)


Appeal No. 0929: Duck Creek Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0929: Duck Creek Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-162; (Cessation of Operations; Mogadore Facility)


Appeal No. 0940: Riverside Petroleum & Production, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0940: Riverside Petroleum & Production, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-420


Appeal No. 0909: Dow Cameron Oil & Gas, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2017

Appeal No. 0909: Dow Cameron Oil & Gas, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-413; Dow Cameron Facility


Blood Biofuels, Nadia B. Ahmad Jan 2017

Blood Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes Jan 2017

Pueblo Indian Water Rights: Charting The Unknown, Richard W. Hughes

Publications

This article examines the so-far-unsuccessful efforts to judicially define and quantify the water rights appurtenant to the core land holdings of the 19 New Mexico Pueblos, many of whose lands straddle the Rio Grande. It explains that the Tenth Circuit Court of Appeals has squarely held that Pueblo water rights are governed by federal, not state law, and are prior to those of any non-Indian appropriator, but also that the Tenth Circuit acknowledged that it could not say how those rights should be characterized. Part I of the article examines the course of the cases that have sought to achieve …


The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii Dec 2016

The Clean Water Rule: What It Is And Why It Needs To Go, Charles C. Davis, Iii

Journal of Legislation

No abstract provided.


Considerations For Co-Location Of Aquaculture And Ocean Energy Facilities, Clare M. Harmon Dec 2016

Considerations For Co-Location Of Aquaculture And Ocean Energy Facilities, Clare M. Harmon

Sea Grant Law Fellow Publications

No abstract provided.


Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Nov 2016

Appeal No. 0933: Farolino Investments, Llc, Et Al., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit to Plug and Abandon (Kowalski Unit#1 Well; GonzOil, Inc.)


Appeal No. 0934: Environmental Management Specialists, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2016

Appeal No. 0934: Environmental Management Specialists, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Preliminary Chief's Order 2016-334