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Articles 31 - 60 of 2048
Full-Text Articles in Oil, Gas, and Mineral Law
The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold
Seattle University Law Review
For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …
Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson
Municipality Of Bayamón V. Exxon Mobil Corp. (2025): Bringing Racketeering Charges For Climate Justice, Ilinca C. Johnson
Pace Environmental Law Review
Environmental justice communities should have their climate change damages heard in the courtroom. One means to increase environmental justice claims is through claims under the federal Racketeer Influence and Corrupt Organizations (RICO) Act. Using Municipality of Bayamón v. Exxon Mobil Corp. (2025) as a model, this Article suggests a novel RICO case strategy to pursue climate damages for marginalized communities. Fundamentally, environmental justice RICO claims involve careful case design based on the climate-related damages a marginalized community has faced because of the long-term deception by fossil fuel actors upon those communities. Pursuing such claims forwards the intersectional issues faced by …
Using Data To Discern Whether Nepa Causes Delay, And What Can Be Done About It, John C. Ruple, David E. Adelman, Jamie Pleune
Using Data To Discern Whether Nepa Causes Delay, And What Can Be Done About It, John C. Ruple, David E. Adelman, Jamie Pleune
Public Land & Resources Law Review
This article proceeds in three principal parts. Part I provides an overview of NEPA that is focused on the requirements contained in the Act itself, the Supreme Court’s recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, and developments involving agency NEPA regulations. Part II summarizes what we know about factors causing or contributing to delays in permitting in general and NEPA compliance in particular. The central question examined in Part II is the extent to which changes to NEPA respond to barriers to development and are therefore likely to be effective. Part III offers recommendations and is …
Testing Prior Appropriation As Drought And Climate Change Push States Toward Water Code Reform: Lessons From And For Oregon, Adell L. Amos
Testing Prior Appropriation As Drought And Climate Change Push States Toward Water Code Reform: Lessons From And For Oregon, Adell L. Amos
Public Land & Resources Law Review
Part I outlines approaches to addressing the challenges that have arisen in water management under state water codes that have been considered—some adopted, and some still under consideration—in Oregon. This section examines some historical material on Oregon water law and describes the current moment as a way for setting the stage for the work that is currently underway. The dynamics described for Oregon are replicated in many western states. So, while the details are Oregon-related, the storyline is a familiar one in the West.2 Part II describes the efforts of a working group of water law attorneys that the Oregon …
Salt In The Public Wound: The Public Trust Doctrine And The Great Salt Lake, Shoshana Grossman
Salt In The Public Wound: The Public Trust Doctrine And The Great Salt Lake, Shoshana Grossman
Public Land & Resources Law Review
This paper analyzes how the Utah PTD applies to the non- navigable tributaries that affect the GSL, and whether Utah must consider the PTD in water rights management. Section I explains the GSL case, outlining the issues, the Physicians’ claims, and Judge Scott’s order. Section II outlines the PTD in Utah. Section III first compares the GSL to other decisions applying the PTD to non-navigable water resources and water rights. Section III then assesses whether Utah’s PTD applies to non-navigable tributaries that affect navigable resources like the GSL, and what that may mean for water allocation in Utah. The paper …
"In Keeping With The Constitution’S Original Design": History And Tradition In Federal Indian Law, Meghanlata Gupta
"In Keeping With The Constitution’S Original Design": History And Tradition In Federal Indian Law, Meghanlata Gupta
Public Land & Resources Law Review
This Article examines the Supreme Court’s use of history and tradition in federal Indian law. In recent years, the Court has increasingly relied on Founding-era practices and historical traditions to determine constitutional meaning in areas such as firearm regulation, substantive due process, and religious liberty. At the same time, while the Founding-era record contains substantial evidence that Native nations were understood and treated as independent, sovereign political communities, this evidence has not yet been fully incorporated into the Supreme Court’s Indian law jurisprudence. Examining decisions from Oliphant to Castro-Huerta, this Article describes the Court’s approaches to historical analysis in Indian …
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.