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Articles 31 - 60 of 109
Full-Text Articles in Oil, Gas, and Mineral Law
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 …
Enemies To Lovers: An Unsuspecting Friendship In The Journey To Save The Endangerment Finding, Sophie Ballah
Enemies To Lovers: An Unsuspecting Friendship In The Journey To Save The Endangerment Finding, Sophie Ballah
University of Cincinnati Law Review
No abstract provided.
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.
Climate Lies And Unjust Profits, Vanessa Casado-Pérez, Yotam Kaplan, Yael Lifshitz, Niv Meyerson
Climate Lies And Unjust Profits, Vanessa Casado-Pérez, Yotam Kaplan, Yael Lifshitz, Niv Meyerson
Faculty Scholarship
The climate crisis has reached a perilous tipping point. Our entrenched reliance on fossil fuels remains unchecked, as fossil fuel corporations wield their power to block meaningful reform and entrench their profits. The political horizon offers little relief—an incoming administration is poised to dismantle vital environmental protections, stripping away the few safeguards that stand between us and climate catastrophe.
In this grim landscape, communities across the nation are turning to the courts with renewed urgency, seeking justice and reform through climate litigation. Yet past efforts have fallen short, stymied by two formidable barriers. First, by centering on greenhouse gas emissions …
It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero
It's The Night Of The Living Deepfakes: The Threat Of Deepfakes On The Film Industry, Neki Shero
DePaul Business & Commercial 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.
Appeal No. 1055: City Of Marietta. V. Division Of Oil & Gas Resources Management And Deeprock Disposal Solutions, Llc., Ohio Oil & Gas Commission
Appeal No. 1055: City Of Marietta. V. Division Of Oil & Gas Resources Management And Deeprock Disposal Solutions, Llc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Steph #1 Well Permit
Appeal No. 1056: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1056: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Orders 2025-276 and 2025-320
Appeal No. 1046: David & Kathryn Belknap, Et Al. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Appeal No. 1046: David & Kathryn Belknap, Et Al. V. Division Of Oil & Gas Resources Management And Eog Resources, Inc., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order 2025-123
Appeal No. 1057: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1057: Donna M. Murry V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Orders 2025-276 and 2025-320
Fool's Gold: The Stibnite Gold Project, Critical Minerals, And The Public Health Perils Of Antiquated Hardrock Mining Laws, Faith Quigley
Fool's Gold: The Stibnite Gold Project, Critical Minerals, And The Public Health Perils Of Antiquated Hardrock Mining Laws, Faith Quigley
Idaho Law Review
The proposed reopening of the Stibnite Gold Mine in Idaho has been heralded as a model for the future of modern hardrock mining. This project has received national interest in light of the growing domestic demand for critical minerals essential to climate-friendly energy technologies and national security. But beneath its green branding lies a deeper legal and public health crisis. Operating under the General Mining Law of 1872—a relic of frontier-era resource exploitation—the Stibnite Gold Project exemplifies how an outdated legal framework continues to enable environmental and human harm. While policymakers tout the domestic necessity of critical minerals, the Stibnite …
Appeal No. 1060: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1060: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338
Appeal No. 1061: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1061: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338
Appeal No. 1031: Mason Drilling, Inc.. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1031: Mason Drilling, Inc.. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order No. 2024-73
Appeal No. 1036: G & M Smith Family, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1036: G & M Smith Family, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order 2024-287
Appeal No. 1029: Appalachia Minerals, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1029: Appalachia Minerals, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order 2024-20
Appeal No. 1058: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1058: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338
Appeal No. 1059: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1059: Big M Petroleum Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Orders 2025-335, 2025-336, 2025-337, and 2025-338
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 …
Community Lawyering In Coal Country: Empowering Those Who Power America, Gregory Robertson
Community Lawyering In Coal Country: Empowering Those Who Power America, Gregory Robertson
West Virginia Law Review
Despite the intense and prolonged efforts of thousands of activists in the 1960s and 1970s to obtain safer working conditions for coal miners, pneumoconiosis rates, disease that develops as a result of inhalation of particle material, is on the rise. The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo has shaken the ground upon which administrative agencies’ ability to promulgate rules to protect miners rests. This Note profiles a handful of attorneys, archetypes of community lawyering, who advocated for Appalachian coal miners during the height of the Black Lung Movement and continue to do so today. Through conversations with …