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Full-Text Articles in Natural Resources Law

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica Dec 2020

Fish Don't Litter In Your House: Is International Law The Solution To The Plastic Pollution Problem?, Taylor G. Keselica

Pace International Law Review

This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean …


Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien Dec 2020

Bullock V. United States Bureau Of Land Mgmt., Henry O'Brien

Public Land & Resources Law Review

A Montana District Court ruled that William Perry Pendley unlawfully served as the Director of BLM for 424 days and cast doubt on the legality of many BLM decisions made during that period. The ruling took a stronger stand against the Trump administration’s liberal and brash use of acting appointees than other, similar cases have.


Introduction, Rick Applegate Dec 2020

Introduction, Rick Applegate

Public Land & Resources Law Review

No abstract provided.


Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson Dec 2020

Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson

Public Land & Resources Law Review

In 2009, Asarco reached a settlement agreement with the Environmental Protection Agency for the arsenic-contaminated East Helena lead smelting facility. As part of the settlement, Asarco was responsible for $111.4 million in cleanup and remediation expenses. Following this payment, Asarco brought a contribution claim under the Comprehensive Environmental Response, Compensation, and Liability Act against Atlantic Richfield. Finally, in 2020, the Ninth Circuit Court of Appeals held that Asarco’s remediation expenses of $111.4 million were not eligible for contribution because the costs were not fully incurred. The Ninth Circuit stated that only incurred or concrete, non-speculative future costs can be eligible …


Water Diplomacy And Shared Resources Along The United States-Mexico Border, Maria Elena Giner, Gabriel Eckstein Nov 2020

Water Diplomacy And Shared Resources Along The United States-Mexico Border, Maria Elena Giner, Gabriel Eckstein

Faculty Scholarship

The United States and Mexico are geographic neighbors with high economic asymmetry, but also a shared history and intense social, cultural, economic, and security relations. Over 15 million people reside along the U.S.-Mexico border and share an environment that includes many watersheds and air basins transcending political boundaries. Pollution impacts on both sides of the border have required a coordinated response at the local, state, and federal level.

At the federal level, a joint institution was created in in 1889 as the International Boundary Commission and later renamed the International Boundary and Water Commission to provide binational solutions to issues …


Responding To Nuisance Flooding Of Coastal Highways: Options For Massachusetts Municipalities, Melissa Chalek Oct 2020

Responding To Nuisance Flooding Of Coastal Highways: Options For Massachusetts Municipalities, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek Oct 2020

Maintenance Of Water And Sewer Infrastructure In Response To Sea Level Rise In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


Takings Liability And Coastal Management In Massachusetts, Melissa Chalek Oct 2020

Takings Liability And Coastal Management In Massachusetts, Melissa Chalek

Marine Affairs Institute Staff Publications

No abstract provided.


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.


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.”


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 …


Table Of Contents, Seattle University Law Review Sep 2020

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


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.