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Indigenous Environmental Network V. United States Department Of State, Seth Sivinski 2019 University of Montana School of Law

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District …


Murray V. Bej Minerals, Llc, Brett Berntsen 2019 Alexander Blewett III School of Law at the University of Montana

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as the Ninth Circuit …


Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains 2019 University of Montana

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States …


Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran 2019 Florida Agricultural & Mechanical University College of Law

Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran

Seattle Journal of Environmental Law

Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the trade …


How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan 2019 N/A

How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan

Seattle Journal of Environmental Law

Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how …


If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul J. McLaughlin 2019 Florida A&M University College of Law

If Animals Are Like Our Children Let Us Treat Them Alike: Creating Tests Of An Animal's Intelligence For Determinations Of Legal Personhood, Paul J. Mclaughlin

Library Faculty Publications

The notion that animals could be granted rights under the law was once ridiculed, but now courts and legislatures have begun to move towards granting animals greater protections from cruelty and emotional trauma. Animal law as a course of study was not available in law schools until the early 1970's. It has since grown into a field of debate and study that has drawn in experts from around the world." The rules of law that treat animals as property have been fought by animal rights advocates as being archaic similarly to the laws that once allowed for slavery. Animal owners …


Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning 2019 Villanova University Charles Widger School of Law

Transboundary Wildlife Laws And Trafficking: The Plight Of The African Elephant In Malawi And The Need For International Cooperation, Emily Schenning

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran 2019 Villanova University Charles Widger School of Law

Holding The Animal Agriculture Industry Accountable For Climate Change: Merits Of A Public Nuisance Claim Under California And Federal Law, Amit Liran

Villanova Environmental Law Journal (1991 - )

No abstract provided.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski 2019 University of Montana School of Law

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.


Standardizing The Law On Working Animals, Mallie A. Myers 2019 University of Kentucky

Standardizing The Law On Working Animals, Mallie A. Myers

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.


Increasing The Transparency Of Animal Experimentation: An Australian Perspective, Monika Merkes, Rob Buttrose 2019 Humane Research Australia

Increasing The Transparency Of Animal Experimentation: An Australian Perspective, Monika Merkes, Rob Buttrose

Animal Law and Legislation Collection

It has been argued that citizen stakeholders would be well served by greater transparency. The Transparency Register of the European Union (eu) (2016), for example, states that “Transparency is […] a key part of encouraging European citizens to participate more actively in the democratic life of the eu”. But why is transparency in non-human animal (hereinafter referred to as animal) research desirable, or indeed vital? Hadley (2012) argues that the public finance much animal research but do not know what impact their taxes and donations have on animals. Furthermore, he suggests that, since “people enjoy the benefits of animal research …


Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler 2019 St. Thomas University College of Law

Protecting Our Pets: Courtroom Advocate Or Special Prosecutor?, Tamara Winkler

St. Thomas Law Review

This Comment seeks to evaluate the current legal landscape surrounding animal cruelty laws, with a specific focus on Desmond's Law and O.R.C. § 2931.18. Connecticut's new law has placed a spotlight on an area of the law which has not been given the priority it so desperately needs. Animal cruelty is a type of interpersonal violence that does not occur in isolation, and placing more importance on animal cruelty laws can help prevent violence against humans. First, this Comment will provide a history of animal rights laws around the globe, followed by a detailed discussion of why animal abuse issues …


Board Of Editors, 2019 University of Montana

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Crowley Acknowledgement, 2019 University of Montana

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.


Table Of Contents, 2019 University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2019 University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Indigenous Law At The Supreme Court Of Canada, Russell Brown 2019 University of Montana

Indigenous Law At The Supreme Court Of Canada, Russell Brown

Public Land & Resources Law Review

No abstract provided.


Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills 2019 Alexander Blewett III School of Law at the University of Montana

Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills

Public Land & Resources Law Review

No abstract provided.


Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack 2019 University of Montana

Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack

Public Land & Resources Law Review

No abstract provided.


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