Maryland,
2020
University of Oklahoma College of Law
Maryland, Tia L. Churchfield
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Louisiana,
2020
University of Oklahoma College of Law
Louisiana, Garrett Korbitz
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kentucky,
2020
University of Oklahoma College of Law
Kentucky, Gary Holland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Kansas,
2020
University of Oklahoma College of Law
Kansas, Steven Rhodes, Sarah Trainer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Illinois,
2020
University of Oklahoma College of Law
Illinois, Nash Bowen
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Colorado,
2020
University of Oklahoma College of Law
Colorado, Diana S. Prulhiere, David R. Little
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Arkansas,
2020
University of Oklahoma College of Law
Arkansas, Andreah Frenn
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Alaska,
2020
University of Oklahoma College of Law
Alaska, Steven A. Rhodes, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2020
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Jake Ware
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
When Less Is More: Minimalism And The Environment,
2020
Barry University School of Law
When Less Is More: Minimalism And The Environment, Crisol Lopez Palafox
Environmental and Earth Law Journal (EELJ)
No abstract provided.
Whither The Regulatory "War On Coal"? Scapegoats, Saviors, And Stock Market Reactions,
2020
Texas A&M University School of Law
Whither The Regulatory "War On Coal"? Scapegoats, Saviors, And Stock Market Reactions, Cary Coglianese, Daniel E. Walters
Faculty Scholarship
Complaints about excessive economic burdens associated with regulation abound in contemporary political and legal rhetoric. In recent years, perhaps nowhere have these complaints been heard as loudly as in the context of U.S. regulations targeting the use of coal to supply power to the nation’s electricity system, as production levels in the coal industry dropped by nearly half between 2008 and 2016. The coal industry and its political supporters, including the president of the United States, have argued that a suite of air pollution regulations imposed by the U.S. Environmental Protection Agency during the Obama administration seriously undermined coal companies’ …
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al.,
2020
Alexander Blewett III School of Law at the University of Montana
Indigenous Environmental Network And North Coast Rivers Alliance V. President Donald J. Trump, Et Al. And Tc Energy Corporation, Et Al., Kirsten D. Gerbatsch Ms.
Public Land & Resources Law Review
A single cross-border pipeline project has been the epicenter of environmental litigation for the last decade—and it is not over yet. For years, TransCanada Keystone Pipeline, LP and TC Energy have sought to construct and maintain a segment of the Keystone pipeline between the United States and Canada to connect existing pipeline infrastructure and transport crude oil. To do so, the company must first apply and be approved for a permit. Between 2008 and 2012, President Obama twice denied TransCanada Keystone Pipeline and TC Energy’s applications. Then, in 2017 and again in 2019, President Trump unilaterally invited TC Energy’s application …
County Of Maui, Hawaii V. Hawaii Wildlife Fund,
2020
Alexander Blewett III School of Law at the University of Montana
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.”
Toc,
2020
Louisiana State University Law Center
U.S. Forest Service V. Cowpasture River Preservation Ass'n.,
2020
Alexander Blewett III School of Law at the University of Montana
U.S. Forest Service V. Cowpasture River Preservation Ass'n., Taylor A. Simpson
Public Land & Resources Law Review
The United States Supreme Court ruled in favor of the United States Forest Service and Atlantic Coast Pipeline, LLC, a company who planned to construct a natural gas pipeline under a section of the Appalachian National Scenic Trail within the George Washington National Forest. The legal battle sought to clarify whether the United States Forest Service had the authority to grant the pipeline builder a right-of-way across the Appalachian Trail. The Court ruled that the National Park Service holds an easement for administering the Appalachian Trail, but the land over which the trail crosses remains under the jurisdiction of the …
National Wildlife Federation V. Secretary Of The United States Department Of Transportation,
2020
Alexander Blewett III School of Law at the University of Montana
National Wildlife Federation V. Secretary Of The United States Department Of Transportation, Holly A. Seymour
Public Land & Resources Law Review
The Sixth Circuit Court of Appeals recently ruled in favor of the Department of Transportation in considering whether the district court erred in holding that an agency took a discretionary action when it approved oil spill response plans to a pipeline under the Clean Water Act. The Sixth Circuit reversed the district court’s decision. It held the Department of Transportation does not need to consider the Endangered Species Act and the National Environmental Policy Act requirements in their response plans as long as the Clean Water Act criteria for such plans are met.
Energy Transitions And The Future Of Nuclear Energy: A Case For Small Modular Reactors,
2020
University of Washington School of Law
Energy Transitions And The Future Of Nuclear Energy: A Case For Small Modular Reactors, Carl Stenberg
Washington Journal of Environmental Law & Policy
The world is undergoing a global energy transition that will transform societies from fossil-fuel dependency towards clean energy solutions to meet future energy demand. An assumption is that nuclear energy, as a low-emissions energy source, could play a vital role in a clean, low-carbon future. Most reactors operating in the United States today are large custom-made reactors (LRs). Because of unfair risk- perceptions and the forced internalization of negative externalities, LRs and nuclear energy industry have long-struggled to compete with other energy sources.
The deployment of Small Modular Reactors (SMRs) make up for many of the inherent problems that exist …
Mcgirt V. Oklahoma,
2020
Alexander Blewett III School of Law at the University of Montana
Mcgirt V. Oklahoma, Allison Barnwell
Public Land & Resources Law Review
The United States Supreme Court ruled that large areas of Oklahoma, including much of the City of Tulsa, are reservation land. The case arose from an Oklahoma state court’s conviction of Jimcy McGirt on several criminal offenses. Mr. McGirt argued the State of Oklahoma lacked jurisdiction to prosecute because he was an enrolled member of the Seminole Nation of Oklahoma and committed his crimes on the Creek Reservation. Under the Major Crimes Act, only the federal government has the power to try tribal members for crimes committed on reservation lands. In a five to four decision, the Court held that …
Table Of Contents,
2020
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Implementing Nepa In The Age Of Climate Change,
2020
New York University School of Law
Implementing Nepa In The Age Of Climate Change, Jayni Foley Hein, Natalie Jacewicz
Michigan Journal of Environmental & Administrative Law
The national government has a crucial role to play in combating climate change, yet federal projects continue to constitute a major source of United States greenhouse gas emissions. Under the National Environmental Policy Act, agencies must consider the environmental impacts of major federal actions before they can move forward. But agencies frequently downplay or ignore the climate change impacts of their projects in NEPA analyses, citing a slew of technical difficulties and uncertainties. This Article analyzes a suite of the most common analytical failures on the part of agencies with respect to climate change: failure to account for a project’s …
