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Articles 31 - 60 of 2038
Full-Text Articles in Oil, Gas, and Mineral Law
U.S. V. Washington: Considering The Continuing Injunction Of The Boldt Decision, Nicholas Brown
U.S. V. Washington: Considering The Continuing Injunction Of The Boldt Decision, Nicholas Brown
Public Land & Resources Law Review
Judge George Hugo Boldt’s 1974 opinion in United States v. Washington was a landmark decision in the recognition of treaty fishing rights for tribes in western Washington. Not only did it recognize the entitlement to 50% of harvestable yields of fish within the tribes’ usual and accustomed fishing sites, but it also provided a permanent injunction to protect future fishing rights for generations to come. Now, over fifty years since the original “Boldt decision” was made, judges in the Ninth Circuit are debating whether the continued injunction to litigate intertribal disputes over treaty fishing rights is proper. This article considers …
Western Watersheds Project V. Schultz, Cv 22-149-M-Dlc-Kld, 2025 Lx 449507, 2025 Wl 2410283 (D. Mont. Mar. 27, 2025), Luke A. Zagar
Western Watersheds Project V. Schultz, Cv 22-149-M-Dlc-Kld, 2025 Lx 449507, 2025 Wl 2410283 (D. Mont. Mar. 27, 2025), Luke A. Zagar
Public Land & Resources Law Review
Western Watersheds Project v. Schultz delineates what the Forest Service is required to consider for revising Allotment Management Plans as prescribed by NEPA. Environmental plaintiffs sued, arguing that the Forest Service’s reliance on an older baseline assessment was arbitrary and capricious and that the revised AMP failed to consider major impacts on the grizzly bear population. The District of Montana held that the reliance on an older baseline assessment was acceptable but simultaneously found the AMP to be arbitrary and capricious under the “hard look” standard.
San Luis Obispo Coastkeeper V. Cnty. Of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025), Erika C. Rader
San Luis Obispo Coastkeeper V. Cnty. Of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025), Erika C. Rader
Public Land & Resources Law Review
In San Luis Obispo Coastkeeper v. Cnty. of San Luis Obispo, the Ninth Circuit addressed how to consider a mandatory preliminary injunction for an Endangered Species Act claim when multiple listed species may be affected by the requested relief. The Plaintiffs brought ESA and state law claims to compel the County of San Luis Obispo to change its operation of the Lopez Dam on Arroyo Grande Creek, which they claimed adversely affected South-Central California Coast steelhead trout. The tidewater goby and California red-legged frog, both listed species, are also present in Arroyo Grande Creek. The Ninth Circuit determined the …
Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act, Elizabeth Tobey
Unleashing Consultation: Tohono O’Odham Nation V. Department Of Interior And The Case For Reforming The National Historic Preservation Act, Elizabeth Tobey
Public Land & Resources Law Review
The Ninth Circuit’s 2025 decision in Tohono O’odham Nation v. Department of Interior highlights an ongoing failure by federal land management agencies to consult meaningfully with tribal nations as mandated by the 1966 National Historic Preservation Act. This article argues that the NHPA’s framework for tribal consultation enables federal land management agencies to sidestep meaningful engagement with tribes, undermining both cultural resource protection and the federal Indian trust responsibility. To address these deficiencies—particularly in the context of renewable energy development on federal public lands, directly at issue in Tohono O’odham Nation—this article proposes amendments to the NHPA informed by …
Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025)., Gardner Dee
Wilderness Watch V. U.S. Forest Service, No. Cv 23-133-M-Dwm, 2025 Wl 2985292 (D. Mont. Oct. 23, 2025)., Gardner Dee
Public Land & Resources Law Review
This comment argues that the District of Montana’s decision in Wilderness Watch v. U.S. Forest Service correctly applied the Ninth Circuit’s Kofa framework to strike down a multi-agency native trout restoration project in the Absaroka-Beartooth Wilderness, holding that the Forest Service unlawfully prioritized Yellowstone cutthroat trout conservation over the Wilderness Act’s mandate to preserve wilderness character. Dee further contends that while large wilderness watersheds offer valuable climate refugia for native coldwater fish, watershed-scale restoration projects will continue to conflict with the Act’s prohibitions on motorized and mechanized intrusions so long as agencies rely on helicopter transport and rotenone application at …
Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier
Pooling Responsibility: Incentivizing Cable Owners To Safeguard The Global Undersea Network, Kevin Frazier
The University of Cincinnati Intellectual Property and Computer Law Journal
No abstract provided.
Who Pays For Carbon Recovery?, Carter F. Smith
Who Pays For Carbon Recovery?, Carter F. Smith
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utilization Of Parametric Insurance Bonds As Part Of Nepa Permitting Reform, Paul E. Traynor
Utilization Of Parametric Insurance Bonds As Part Of Nepa Permitting Reform, Paul E. Traynor
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Lights Out: Energy Resilience In The Air Force, Carolyn Mattingly
Lights Out: Energy Resilience In The Air Force, Carolyn Mattingly
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Bryce Cormack
Editor's Introduction & Front Pages, Bryce Cormack
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Owning Geothermal Energy, Gabriel Eckstein
Owning Geothermal Energy, Gabriel Eckstein
Michigan Journal of Environmental & Administrative Law
Geothermal energy holds vast potential for decarbonizing the U.S. energy system, yet the sector remains significantly underdeveloped, supplying only 0.4% of the nation's electricity. A principal barrier to growth is the fragmented and ambiguous legal landscape currently governing ownership of geothermal resources: thirty-three states lack any clear statutory or common-law framework identifying who owns subsurface thermal energy. This Article examines the physical characteristics of geothermal energy, recent developments in the U.S. geothermal sector, and the principal doctrinal approaches that might govern ownership of subsurface heat, including the ad coelum doctrine, common-pool and open-access frameworks, the rule of capture, and public …
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Lands, Brent D. Chicken, Tanner M. Boyzuick
Sovereign Lands, Brent D. Chicken, Tanner M. Boyzuick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia, Andrew S. Graham
West Virginia, Andrew S. Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia, Zachary H. Barrett, Kizito Aidam
Virginia, Zachary H. Barrett, Kizito Aidam
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah, Alan M. White
Utah, Alan M. White
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas, Patrick Mcbride
Texas, Patrick Mcbride
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee, Westley A. Ketron
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania, Nathaniel I. Holland, Benedict J. Kirchner
Pennsylvania, Nathaniel I. Holland, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma, Patrick Mcbride, Sandra K. Fraley, Mathew S. Schlensker, Jinah Jung
Oklahoma, Patrick Mcbride, Sandra K. Fraley, Mathew S. Schlensker, Jinah Jung
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio, Tim Mckeen, Melissa Grimes
Ohio, Tim Mckeen, Melissa Grimes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota, William J. Black
North Dakota, William J. Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New York, Delainey Banks
New York, Delainey Banks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New Mexico, Blake C. Jones
New Mexico, Blake C. Jones
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nevada, Grace E. George
Nevada, Grace E. George
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nebraska, Sarah Trainer
Nebraska, Sarah Trainer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Montana, Kathleen Begley Kindya
Montana, Kathleen Begley Kindya
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Michigan, M. Vafa Barissi, Delainey Banks
Michigan, M. Vafa Barissi, Delainey Banks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Maryland, Tia L Churchfield
Maryland, Tia L Churchfield
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Louisiana, Paul Upsons
Louisiana, Paul Upsons
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.