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- University of Colorado Law School (202)
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- University of Montana (167)
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- BLR (2)
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- Seattle University Law Review (184)
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- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (28)
- Western Water Law, Policy and Management: Ripples, Currents, and New Channels for Inquiry (Martz Summer Conference, June 3-5) (26)
- Water, Climate and Uncertainty: Implications for Western Water Law, Policy, and Management (Summer Conference, June 11-13) (22)
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- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (21)
- 2012 Energy Justice Conference and Technology Exposition (September 17-18) (13)
- Best Practices for Community and Environmental Protection (October 14) (13)
- The Promise and Peril of Oil Shale Development (February 5) (13)
- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (12)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (11)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (10)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (8)
- Two Decades of Water Law and Policy Reform: A Retrospective and Agenda for the Future (Summer Conference, June 13-15) (4)
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- Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8) (3)
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- Articles, Book Chapters, & Popular Press (2)
- Conversation with Water Management Reps from Colorado and Australia: "Adapting to Climate Change: Lessons Learned from Australia" (February 14) (2)
- Energy Field Tour 2003 (August 11-16) (2)
- ExpressO (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
- Seattle Journal of Environmental Law (2)
- Villanova Environmental Law Journal (1991 - ) (2)
- Water Negotiation Workshop (June 4-5) (2)
- A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8) (1)
- A Low-Carbon Energy Blueprint for the American West (Martz Summer Conference, June 6-8) (1)
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- Brooklyn Journal of International Law (1)
- Publication Type
Articles 241 - 270 of 580
Full-Text Articles in Water Law
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
A Synthesis Of The Science And Law Relating To Eyewitness Misidentifications And Recommendations For How Police And Courts Can Reduce Wrongful Convictions Based On Them, Henry F. Fradella
Seattle University Law Review
The empirical literature on perception and memory consistently demonstrates the pitfalls of eyewitness identifications. Exoneration data lend external validity to these studies. With the goal of informing law enforcement officers, prosecutors, criminal defense attorneys, judges, and judicial law clerks about what they can do to reduce wrongful convictions based on misidentifications, this Article presents a synthesis of the scientific knowledge relevant to how perception and memory affect the (un)reliability of eyewitness identifications. The Article situates that body of knowledge within the context of leading case law. The Article then summarizes the most current recommendations for how law enforcement personnel should—and …
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt., Sawyer J. Connelly, Sawyer J. Connelly
Public Land & Resources Law Review
The United States District Court for the District of Montana granted Plaintiffs summary judgment against BLM and the State of Wyoming. The court ruled that BLM violated NEPA and the APA because it failed to consider alternative leasing programs and the broad downstream impacts of coal, oil, and gas leasing in two Powder River Basin resource management plans. This decision followed WORC I & II, in which the court remanded the same plans to BLM to correct deficiencies. Following BLM’s revisions, Plaintiffs again sued in this case, arguing the revisions were still deficient under NEPA.
Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch
Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch
Public Land & Resources Law Review
No abstract provided.
Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek
Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek
Public Land & Resources Law Review
No abstract provided.
Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate
Youth And Indigenous Voices In Climate Justice: Leveraging Best Practices From U.S. And Canadian Litigation, Randall S. Abate
Public Land & Resources Law Review
No abstract provided.
Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown
Water Justice Under The Big Sky: Locating A Human Right To Water In Montana Law, Abigail R. Brown
Public Land & Resources Law Review
No abstract provided.
A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan
A Judicial Duty: Interpreting And Enforcing Montanans' Inalienable Right To A Clean And Healthful Environment, Nate Bellinger, Roger Sullivan
Public Land & Resources Law Review
No abstract provided.
Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii
Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii
Public Land & Resources Law Review
On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.
Bahr V. Regan, Aspen B. Ward
Bahr V. Regan, Aspen B. Ward
Public Land & Resources Law Review
In June 2015, the Lake Fire burned through California’s San Bernardino National Forest. Three hundred miles east of the fire, six air quality monitors exceeded NAAQS in Phoenix, Arizona. Arizona’s Department of Environmental Quality petitioned the EPA to exclude those exceedances to avoid stricter regulatory burdens and the need for contingency measures. Applying the Exceptional Events Rule, the EPA permitted the petition to exclude the data therefore allowing Phoenix to successfully demonstrate attainment of the ozone NAAQS by the July 2018 deadline. Petitioners sought review of the EPA’s final decision and were denied their petition for review by the Ninth …
Held V. State, Alec D. Skuntz
Held V. State, Alec D. Skuntz
Public Land & Resources Law Review
On March 13, 2020, a group of 16 Montana children and teenagers filed a complaint in the First Judicial District, Lewis and Clark County against the State of Montana and several state agencies. These young Plaintiffs sought injunctive and declaratory relief against Defendants for their complicity in continuing to extract and release harmful amounts of greenhouse gases which contribute to climate change. Plaintiffs premised their argument on the Montana Constitution’s robust environmental rights and protections. The Defendants filed a motion to dismiss which the District Court granted in-part and denied in-part. Held provides a roadmap for future litigation by elucidating …
Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour
Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour
Public Land & Resources Law Review
The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert
Public Land & Resources Law Review
The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …
Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch
Free, Prior, And Informed Consent: A Struggling International Principle, Emily M. Mcculloch
Public Land & Resources Law Review
No abstract provided.
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler
Public Land & Resources Law Review
No abstract provided.
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo
Public Land & Resources Law Review
No abstract provided.
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie
Public Land & Resources Law Review
No abstract provided.
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz
Public Land & Resources Law Review
No abstract provided.
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Don't You Know That You're Toxic? Cercla Section 113(H) Challenges, Sovereign Immunity, And Perfluoroalkyl Substances In Pennsylvania Drinking Water In Giovanni V. Navy, Stephanie J. Oppenheim
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.
Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner
Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner
Public Land & Resources Law Review
The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.
How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler
How A Low-Cost Method For Cumulative Water-Sampling Shows Need For Improvement Of Legal Public-Contact Standards In The United States, Samuel C. Kessler
Grawemeyer Colloquium Papers
Across the world, it is estimated that 4.5 billion people live near water sources “impaired” for use or contact. Standards for human-interaction are established by international organizations such as the WHO, and legislative bodies from national to local levels with jurisdiction over the quality of our waterways to ensure public & environmental health. Standards are often assessed from “grab-samples” taken from a waterbody at a certain time, with a minimum number analyzed. Water-quality standards in the United States are enforced under the Clean Water Act (CWA) via the Environmental Protection Agency (EPA), applying to “waters of the United States” (WOTUS). …
The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt
The Wall That Trumps Environmental Law: A Review Of The Environmental And Legal Implications Of The U.S.-Mexico Border Wall, Olivia Merritt
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Regulating Wave, Tidal And Ocean Thermal Energy, Meinhard Doelle, Theodore Nsoe Adimazoya
Regulating Wave, Tidal And Ocean Thermal Energy, Meinhard Doelle, Theodore Nsoe Adimazoya
Articles, Book Chapters, & Popular Press
Ocean renewable energy sources hold the potential to contribute to the options of low-carbon energy sources and enhance the efforts by the global community to slow down climate change. In this Chapter, we provide a brief background on the current state of technology and development of wave, tidal and ocean thermal energy and consider their potential as forms of renewable energy as well as the potential negative environmental footprints of ocean renewable energy installation and development. Secondly, we examine the relevant international legal and policy framework governing ocean energy, highlighting in particular, the absence of a global legal instrument that …
Introduction, Rick Applegate
Asarco Llc V. Atlantic Richfield Co., Llc, Taylor A. Simpson
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 …
County Of Maui, Hawaii V. Hawaii Wildlife Fund, Rachel L. Wagner
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.”