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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.


Solenex Llc V. Jewell, F. Aaron Rains 2019 Alexander Blewett III School of Law at the University of Montana

Solenex Llc V. Jewell, F. Aaron Rains

Public Land & Resources Law Review

In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the Secretary’s …


Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers 2019 Alexander Blewett III School of Law at the University of Montana

Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.


The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer 2019 Barry University School of Law

The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer

Barry Law Review

No abstract provided.


Distributed Renewable Energy, K.K. DuVivier 2019 University of Denver

Distributed Renewable Energy, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

For individuals, the heating and cooling of buildings is the second largest source of U.S. CO2 emissions after transportation. This chapter suggests pathways to help deploy the two most promising categories of U.S. distrib­uted renewable energy resources to reduce these emissions—photovoltaic solar matched with storage and ther­mal sources for hot water and for heating and cooling buildings. Distributed generation is probably the energy source most impacted by different levels of government and nongovernmental actors. However, distributed generation is also most immediate to consumers, especially with new technologies or rate structures that give them feedback about their own individual generation and …


Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra VK Iturralde, Elizabeth Brooke Holland, Coleman Piburn 2019 University of New Mexico - Main Campus

Live Local, Renew Local: Community Sourced Solar Energy In New Mexico, Alexandra Vk Iturralde, Elizabeth Brooke Holland, Coleman Piburn

2020 Award Winners

No abstract provided.


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.


Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner 2019 University of Arizona

Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner

Public Land & Resources Law Review

Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …


Board Of Editors, 2019 University of Montana

Board Of Editors

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.


The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy 2019 University of California, Hastings College of the Law

The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy

Public Land & Resources Law Review

No abstract provided.


Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones 2019 Lewis and Clark Law School

Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones

Public Land & Resources Law Review

No abstract provided.


The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor 2019 University of Montana

The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor

Public Land & Resources Law Review

No abstract provided.


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