The Unfulfilled Promise Of Indian Water Rights Settlements,
2022
S.J. Quinney College of Law, University of Utah
The Unfulfilled Promise Of Indian Water Rights Settlements, Heather Tanana, Elisabeth Paxton Parker
Utah Law Faculty Scholarship
As climate change threatens an already-scarce resource, quantifying tribal water rights is critical to providing additional certainty to an uncertain future. In order to protect the future of their communities, it is critical that tribal water rights move from merely theoretical paper rights to actualized wet water rights.
The Digital Isolation Of Indigenous Communities,
2022
Seattle University School of Law
The Digital Isolation Of Indigenous Communities, Myranda Buiquy
American Indian Law Journal
The crude mistreatment of the tribes across America has continued to undermine Indigenous wealth and empowerment, leaving many Native people without proper housing, education, running water, healthcare, and telecommunications services. Tribes are forced to advocate for themselves to the federal government, instead of receiving support and compensation for generations of colossal exploitation.The federal government continues to breach their responsibility in protecting tribal treaty rights and must assume responsibility in closing an economic divide that has only worsened due to the pandemic.
Indigenous communities continue to endure disadvantaged living conditions, leaving their people without adequate resources. In addition, this vulnerable demographic …
West Virginia V. Epa,
2022
University of Montana School of Law
West Virginia V. Epa, Amanda Spear, Amanda Spear
Public Land & Resources Law Review
The EPA created the Clean Power Plan in an effort to reduce the amount of greenhouse gas emissions generated by coal-fired power plants. The EPA determined that the Best System of Emission Reduction for existing coal-fired power plants included generation shifting methods, meaning a shift from coal to cleaner sources. The Supreme Court held, under the major questions doctrine, that Congress had not intended for the EPA to use generation shifting methods for the Best System of Emission Reduction and that the EPA had exceeded its authority in doing so. This note will explore how the decision may impact administrative …
W. Org. Res. Councils, Et Al. V. U.S. Bureau Of Land Mgmt.,
2022
University of Montana School of Law
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.
Covid-19 And Energy Justice: Utility Bill Relief In Virginia,
2022
University of Richmond School of Law
Covid-19 And Energy Justice: Utility Bill Relief In Virginia, Joel B. Eisen
University of Richmond Law Review
Energy justice has captured national attention as scholars have spotlighted inequities in energy production and distribution activities, energy and utility regulation, and the clean energy transition. Within this broader context, this Article reflects on the successes and setbacks for the movement toward energy justice through a case study focusing on legislative, executive, and regulatory attempts between 2020 and 2022 to provide relief for Virginia utility customers harmed by the COVID-19 pandemic. The Article begins by defining the problem of energy insecurity and demonstrating that the pandemic exacerbated existing energy insecurity for vulnerable citizens of Virginia. It then traces the efforts …
Characterizing Legal Implications For The Use Of Transboundary Aquifers,
2022
Texas A&M University School of Law
Characterizing Legal Implications For The Use Of Transboundary Aquifers, Gabriel Eckstein
Faculty Scholarship
Groundwater resources that traverse political boundaries are becoming increasingly important sources of freshwater in international and intranational arenas worldwide. This is a direct extension of the growing need for new sources of freshwater, as well as the impact that excessive extraction, pollution, climate change, and other anthropogenic activities have had on surface waters. It is also a function of the growing realization that groundwater respects no political boundaries, and that aquifers traverse jurisdictional lines at all levels of political geography.
Due to this growing awareness, questions pertaining to responsibility and liability are now being raised in relation to the use, …
In The Name Of Energy Sovereignty,
2022
Texas A&M University School of Law
In The Name Of Energy Sovereignty, Guillermo J. Garcia Sanchez
Faculty Scholarship
Throughout history, the phrase "In the name of the King" justified actions that trumped the rights of citizens in order to safeguard the interests of the Crown. Today, in the name of energy sovereignty, states deploy the government apparatus to access oil and gas in other parts of the world, build pipelines on private lands, subsidize renewable energy, and nationalize their oil and power industries. States justify each of these actions by noting that they create a sense of energy independence, ensure security, or achieve other social and economic goals. Energy, however, cannot be trapped in one "realm." Its nature …
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above,
2022
Villanova University Charles Widger School of Law
Wishing To Be Part Of That Court: How The Supreme Court's Decision In Bp P.L.C. V. Mayor Of Baltimore Lets Energy Companies Wander Free And Drown The Shore Up Above, Natalie Poirier
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Everything Is Not What It Seems, And What It Is, Is Broken: Re-Defining Production In The Oil And Gas Lease Habendum Clause,
2022
University of Oklahoma College of Law
Everything Is Not What It Seems, And What It Is, Is Broken: Re-Defining Production In The Oil And Gas Lease Habendum Clause, Fisher Lynn Fulton
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Millionaires And The Ability To Receive Overtime Compensation,
2022
University of Oklahoma College of Law
Millionaires And The Ability To Receive Overtime Compensation, Matt Peace
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tort Theory, Litigation & Avenues For Relief: Hydraulic Fracturing In Oklahoma,
2022
University of Oklahoma College of Law
Tort Theory, Litigation & Avenues For Relief: Hydraulic Fracturing In Oklahoma, Madeleine Lange
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Sovereign Immunity, Entrenched Power, And Isolationism: How To Hold Ercot Accountable To Texas Residents In The Aftermath Of The February 2021 Winter Storm,
2022
University of Oklahoma College of Law
Sovereign Immunity, Entrenched Power, And Isolationism: How To Hold Ercot Accountable To Texas Residents In The Aftermath Of The February 2021 Winter Storm, Meghan A. Brobst
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Climate Torts Belong In A Number Of Hands: Loosening The Federal Grip Of Preemption, Administrative Control, And Dilatory Procedure,
2022
University of Oklahoma College of Law
Climate Torts Belong In A Number Of Hands: Loosening The Federal Grip Of Preemption, Administrative Control, And Dilatory Procedure, Hank Herren
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Companies Can Condemn Whose Property? A Discussion Of Penneast Pipeline Co., Llc V. New Jersey,
2022
University of Oklahoma College of Law
Companies Can Condemn Whose Property? A Discussion Of Penneast Pipeline Co., Llc V. New Jersey, Emma Farha
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
To Kill A Mockingbird: A Look Into The Migratory Bird Treaty Act And Its Application To Unintentional Takings,
2022
University of Oklahoma College of Law
To Kill A Mockingbird: A Look Into The Migratory Bird Treaty Act And Its Application To Unintentional Takings, Ben Davis
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Burdened, But Not Burdened Enough: A Long-Term Solution To The Difficulties Posed By Religious Objections To Resource Development,
2022
University of Oklahoma College of Law
Burdened, But Not Burdened Enough: A Long-Term Solution To The Difficulties Posed By Religious Objections To Resource Development, Nathan Downey
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Recent Developments In Oil And Gas Habendum Clause And Savings Clause Interpretation,
2022
University of Oklahoma College of Law
Recent Developments In Oil And Gas Habendum Clause And Savings Clause Interpretation, Emily Richard
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pigford V. Glickman And The Remnants Of Racism,
2022
University of Oklahoma College of Law
Pigford V. Glickman And The Remnants Of Racism, Alyssa Sloan
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Refining Terms For Small Refineries: The Extension Of Hardship Through Statutory Interpretation,
2022
University of Oklahoma College of Law
Refining Terms For Small Refineries: The Extension Of Hardship Through Statutory Interpretation, Kylen Chase Huffman
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2022
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Hank Herren
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
