Pakootas V. Teck Cominco Metals, Ltd.,
2020
Alexander Blewett III School of Law at the University of Montana
Pakootas V. Teck Cominco Metals, Ltd., Connlan W. Whyte
Public Land & Resources Law Review
Throughout the twentieth century, Teck Cominco Metals leaked metal pollutants into the Upper Columbia River that ultimately entered the United States and the Colville Indian Reservation. In 2004, after almost a decade of working with the United States Environmental Protection Agency, the Colville Tribes initiated a citizen suit under CERCLA against Teck for damaging the ecosystem of the Upper Columbia River. In 2018, the Ninth Circuit affirmed judgment against Teck for recovery costs and attorney’s fees.
Recent Case Decisions,
2020
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Contractual Interpretations, Ambiguities, And Litigation Difficulties Presented In The Context Of Oil And Gas Leases As A Result Of The Texas Supreme Court’S Decision In Murphy Exploration & Prod. Co.-Usa V. Adams, 560 S.W.3d 105 (Tex. 2018),
2020
University of Oklahoma College of Law
Contractual Interpretations, Ambiguities, And Litigation Difficulties Presented In The Context Of Oil And Gas Leases As A Result Of The Texas Supreme Court’S Decision In Murphy Exploration & Prod. Co.-Usa V. Adams, 560 S.W.3d 105 (Tex. 2018), Jake B. Ware
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Can You Dig It? A Note On The U.S. Supreme Court’S Atomic Energy Act Preemption Decision In Virginia Uranium, Inc. V. Warren,
2020
University of Oklahoma College of Law
Can You Dig It? A Note On The U.S. Supreme Court’S Atomic Energy Act Preemption Decision In Virginia Uranium, Inc. V. Warren, John Shelden
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Balkanization In Oil And Gas: How Home Rule Constitutional Provisions Disrupt State Law,
2020
University of Oklahoma College of Law
Balkanization In Oil And Gas: How Home Rule Constitutional Provisions Disrupt State Law, Dan Ray
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Identifying The Pillars Of A Pro-Solar Energy Policy: A Multi-State Survey Of Distributed Solar Energy Generation Laws,
2020
University of Oklahoma College of Law
Identifying The Pillars Of A Pro-Solar Energy Policy: A Multi-State Survey Of Distributed Solar Energy Generation Laws, Samuel Moore
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Budding Marijuana Industry Meets Climate & Environmental Crisis: A Call To Legislative Action,
2020
University of Oklahoma College of Law
Budding Marijuana Industry Meets Climate & Environmental Crisis: A Call To Legislative Action, Spencer Gill
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Parker Drilling Mgmt. Servs., Ltd. V. Newton: Drilling Down On The Law Of The Outer Continental Shelf,
2020
University of Oklahoma College of Law
Parker Drilling Mgmt. Servs., Ltd. V. Newton: Drilling Down On The Law Of The Outer Continental Shelf, William Dakil
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Battle For Oil: Fighting Through Corruption & Changing Socio-Economic Landscapes To Win Over Africa’S Biggest Giants,
2020
University of Oklahoma College of Law
The Battle For Oil: Fighting Through Corruption & Changing Socio-Economic Landscapes To Win Over Africa’S Biggest Giants, Modupe Adamolekun
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
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Necessary Negative: Analysis Of The Tidewater Virginia Surry-Skiffes Creek Transmission Tower Litigation,
2020
William & Mary Law School
A Necessary Negative: Analysis Of The Tidewater Virginia Surry-Skiffes Creek Transmission Tower Litigation, Geoffrey Robert Grau
William & Mary Environmental Law and Policy Review
No abstract provided.
When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State,
2020
Seattle University School of Law
When Water Isn't Wet: The Evolution Of Water Right Mitigation In Washington State, Rachael Osborn, Michael Mayer
Seattle Journal of Technology, Environmental, & Innovation Law
What is water right mitigation?
The allocation of surface and ground water resources for out of stream uses via the western water rights doctrine of prior appropriation comes with serious environmental consequences – depletion of streamflow and aquifers. Over-appropriation by water rights has led to deleterious impacts on natural resources, including salmon survival, water quality, and public uses of state waterways.
Because of the over-appropriated condition of Washington’s rivers and aquifers, the issuance of new water rights has until recently required water-for-water or in-kind mitigation, with the goal to directly compensate for deleterious impacts. Historically, the Water Resources Program of …
Shifting Public Perception: Climate Change Means Living With Fire And Smoke,
2020
Seattle University School of Law
Shifting Public Perception: Climate Change Means Living With Fire And Smoke, Robert Froembling
Seattle Journal of Technology, Environmental, & Innovation Law
The urgency to prepare for the climate crisis has never been greater. We are currently living in the sixth mass extinction and the effects are only going to accelerate. We will inherit more wildfires, larger wildfires, and more frequent wildfires.
This piece is not meant to stoke fear in its readers or be depressing, but to shift public perception on what our future holds by evaluating the laws and science presented to us. This piece will look at regional and federal regulations and assess the increased rate of forest fires and the grave public health concerns from stagnant smoke specifically …
Zombie Energy Laws,
2020
Vanderbilt University Law School
Zombie Energy Laws, Joshua C. Macey
Vanderbilt Law Review
This Article traces the development of three legal rules—cost recovery for vertically integrated utilities, the requirement that regulators assess the financial viability of energy projects before issuing a certificate of public convenience and necessity, and the filed rate doctrine—that emerged out of the view that electric power companies should be shielded from market forces. It argues that important elements of these legal rules have become “zombie energy laws.” Zombie energy laws are statutes, regulations, and judicial precedents that continue to apply after their underlying economic and legal bases dissipate. Zombie energy laws were originally designed to protect consumers by, among …
Uniform Climate Control,
2020
University of Maine School of Law
Uniform Climate Control, Anthony Moffa
University of Richmond Law Review
Part I will briefly recount the recent history of subnational environmental law in the United States and the scholarly treatment of it. Part II will do the same with the model- and uniform-law movements. Part III will focus on the most successful organization in terms of drafting and promoting model legislation at the subnational level—the American Legislative Exchange Council (“ALEC”). Because ALEC’s efforts on climate change attempt to entrench inaction for the benefit of its fossil fuel industry members, Part IV examines organizations and resources that facilitate subnational action on climate change. In doing so, it also provides a taxonomy …
Environmental Justice: Law, Policy & Regulation,
2020
University of New Mexico - School of Law
Environmental Justice: Law, Policy & Regulation, Clifford Villa, Nadia Ahmad, Rebecca Bratspies, Roger Lin, Clifford Rechtschaffen, Eileen Gauna, Catherine O'Neill
Faculty Book Display Case
Environmental Justice: Law, Policy, & Regulation explores theory and practice in this dynamic subject, which fuses environmental law and civil rights enforcement. From early concerns over toxic waste in minority communities, environmental justice expanded to consider the range of environmental threats facing poor, immigrant, and indigenous communities; women, children, and seniors; and other vulnerable populations. This third edition provides extensively updated materials to address environmental justice concerns today, including oil drilling in the Arctic, the Dakota Access Pipeline, drinking water contamination in Flint, and the devastation wrought by Hurricane Maria in Puerto Rico. Featuring new chapters addressing disaster justice and …
Fmc Corp. V. Shoshone-Bannock Tribes,
2020
Alexander Blewett III School of Law at the University of Montana
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Global Energy Poverty: The Relevance Of Faith And Reason,
2020
Belmont University
Global Energy Poverty: The Relevance Of Faith And Reason, Lakshman Guruswamy
Belmont Law Review
No abstract provided.
Juliana V. United States,
2020
Alexander Blewett III School of Law at the University of Montana
Juliana V. United States, Anthony Reed
Public Land & Resources Law Review
Plaintiffs sued the United States government for promoting activities that were known to pollute the atmosphere and cause climate change. They claimed the government’s policies violated their rights under the substantive due process clause of the Fifth Amendment, the equal protection clause of the Ninth Amendment, and the public trust doctrine. The Ninth Circuit held it was not within the court’s Article III power to create and oversee a comprehensive plan capable of redressing the Plaintiffs’ injuries and, therefore, Plaintiffs lacked standing.
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law,
2020
Northwestern Pritzker School of Law
Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs
Northwestern Journal of Law & Social Policy
Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment Partners, bought the lot …
