Powering Progress: How Ferc Order 2023'S Cluster Study Process Aims To Revolutionize Grid Interconnection,
2025
Orrick, Herrington & Sutcliffe LLP
Powering Progress: How Ferc Order 2023'S Cluster Study Process Aims To Revolutionize Grid Interconnection, Lowell J. Chandler
Public Land & Resources Law Review
This Article analyzes Order 2023’s cornerstone reform: the replacement of the traditional first-come, first-served serial queue process with a more sophisticated first-ready, first-served cluster study approach. The Article also provides a basic introduction to utility regulation in the United States. While Order 2023’s change promises to revolutionize grid interconnection, the Article also considers whether additional reforms may be necessary to fully realize FERC’s vision of an efficient, equitable interconnection process.
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law,
2025
American University in Cairo
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
Theses and Dissertations
This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …
Protect The Clearwater V. Montana Department Of Environmental Quality,
2025
Alexander Blewett III School of Law, University of Montana
Protect The Clearwater V. Montana Department Of Environmental Quality, Gillian Ellison
Public Land & Resources Law Review
In Protect the Clearwater v. Montana Department of Environmental Quality, the Montana Supreme Court reinforced that injunctive relief provisions in the Montana Environmental Protection Act are the exclusive avenue for injunctive relief once a claim has been filed under MEPA. The Court clarified that parties may not separately seek preliminary injunctions under Montana’s general injunction statute when a MEPA action contesting the same permit is already pending.
Montana Trout Unlimited V. Montana Department Of Natural Resources,
2025
Alexander Blewett III School of Law, University of Montana
Montana Trout Unlimited V. Montana Department Of Natural Resources, Kelly Brady
Public Land & Resources Law Review
A proposed copper mine located near tributaries of the highly protected Smith River in central Montana set off a series of lawsuits over the use of water in the state. After a number of administrative hearings and subsequent trials, the only substantial question left was the status of “mine dewatering.” The Montana Supreme Court decided whether 1,500,000 gallons of water removed annually from the inner workings of a mine should require a water use permit as a beneficial use or if it exists outside of the regulatory jurisdiction of the Montana Department of Natural Resources under the Montana Water Use …
Montana Environmental Information Center. V. Montana Department Of Public Service Regulation,
2025
Alexander Blewett III School of Law, University of Montana
Montana Environmental Information Center. V. Montana Department Of Public Service Regulation, Sadie Giles
Public Land & Resources Law Review
Montana Environmental Information Center v. Montana Department of Public Service Regulation provides insight into the discretion of the Public Service Commission and its impact on renewable energy development in Montana, especially in the wake of the repeal of the Renewable Power Production and Rural Economic Development Act. This case evaluates the Commission’s decisions to grant waivers to NorthWestern Energy for its 2015 and 2016 renewable energy purchase obligations under the Act. The Court found the Commission’s decisions were arbitrary and unsupported by substantial evidence and appropriate reasoning. Montana’s renewable portfolio standards had proven effective in promoting renewable energy and economic …
Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper,
2025
Alexander Blewett III School of Law, University of Montana
Tribal Sovereignty And The Limits Of Federal Evidence: Authenticating Indian Status In United States V. Harper, Anthony J. Shirey
Public Land & Resources Law Review
In United States v. Harper, the Tenth Circuit reversed a conviction for violent crimes committed in Indian Country because the government failed to provide admissible evidence proving that the defendant was an “Indian” under federal law. At first glance, the ruling appears to turn on a technical evidentiary issue concerning the exclusion of a tribal membership verification letter under the business records exception. Yet the case reveals something deeper: a jurisdictional framework that conditions the recognition of tribal identity on federal evidentiary norms, and in doing so, limits the functional sovereignty of tribal governments in federal courts. This Note seeks …
Friends Of The Inyo V. United States Forest Service,
2025
Alexander Blewett III School of Law, University of Montana
Friends Of The Inyo V. United States Forest Service, Sarah J. Leopard
Public Land & Resources Law Review
Friends of the Inyo v. United States Forest Service provides necessary guidance for categorical exclusion analysis under the National Environmental Policy Act. The Ninth Circuit Court of Appeals held that the United States Forest Service wrongfully construed NEPA as permissive of applying different categorical exclusions to various components of the same mining project until the project was excluded in its entirety from further environmental review. The Court’s holding establishes two essential rules for evaluating mining proposals on public lands: (1) a categorical exclusion, when applied under § 220.6, must cover the entire scope of a proposed project; and (2) the …
Drawing Lines In The Sea: Indigenous Sovereignty Through The Coastal Zone,
2025
University of Washington School of Law
Drawing Lines In The Sea: Indigenous Sovereignty Through The Coastal Zone, Tyler Hall
Washington Journal of Social & Environmental Justice
No abstract provided.
Arts-Based Sustainability: From New York To Malawi,
2025
CUNY Lehman College
Arts-Based Sustainability: From New York To Malawi, Martha B. Lerski
Publications and Research
Recognizing that libraries serve multiple constituencies and subject areas, this chapter documents and advocates for development of transdisciplinary arts-based research (ABR) and culture-related projects linked to environmental challenges. Libraries contribute collections and spaces, as well as the research of library and information scientists. Libraries are currently among invisible contributors to sustainability planning and services. The chapter will link this invisibility to the value of what visual arts refer to as negative space elements in subjects ranging from traditional ecological knowledge to environmental science. Library collections, projects, and research contribute to education for sustainable development (ESD) as required to achieve the …
Max Weber Vs Émile Durkheim: Pertarungan Paradigma Dalam Sosiologi Hukum Di Indonesia,
2025
Pendidikan Doktor Hukum, Universitas Diponegoro
Max Weber Vs Émile Durkheim: Pertarungan Paradigma Dalam Sosiologi Hukum Di Indonesia, Ilham Yuli Isdiyanto
Jurnal Hukum & Pembangunan
This study compares the thoughts of Max Weber and Emile Durkheim in the field of sociology of law and their relevance to the development of law in Indonesia. Weber emphasizes formal rational law through a positivistic approach, highlighting individual rationality in shaping social structures. In contrast, Durkheim views law as a tool of social solidarity rooted in morality and collective norms. This study employs a normative method integrated with hermeneutic philosophy, delving into the meaning of legal concepts through an in-depth interpretation of doctrines, theories, and legal literature. A descriptive-narrative analysis is conducted to understand the historical, social, and philosophical …
Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools,
2025
CUNY Graduate Center
Belonging Against The Odds: Exploring Restorative Justice Practices As Pathways To Foster Belonging In New York City Transfer Schools, Miguel Rodriguez
Dissertations, Theses, and Capstone Projects
The U.S. education system perpetuates structural inequities that disproportionately affect Black students with the School-to-Prison Pipeline (STPPL) criminalizing them through Zero-Tolerance policies. Transfer schools are often a last resort for students pushed out of traditional schools provide a lens to examine the impact of Restorative Justice Practices (RJP) and Black student representation on belonging. This quantitative dissertation study analyzes secondary data from the NYC Department of Education using multivariate models to explore the relationship between RJPs and sense of belonging (SOB). Model 1 found that discussing feelings and emotions at school (Tier 1 RJP) had the strongest association with SOB …
The Supreme Court’S Old Habits In A New Era? Native Nations, Statehood, And An Indigenous-Led Future For Natural Resources,
2025
University of Washington School of Law
The Supreme Court’S Old Habits In A New Era? Native Nations, Statehood, And An Indigenous-Led Future For Natural Resources, Monte Mills
Articles
art I of this essay looks back and, relying on Winans and Winters, illustrates the Court’s longstanding commitment to a recognition of tribally reserved rights while requiring a collaborative approach that acknowledges some state interest and authority. Part II then briefly assesses the modern era of Indigenous leadership in natural resources, reviewing the ways in which Native Nations are implementing a new framework of collaborative stewardship for lands, waters, wildlife, and other ecological systems. Finally, Part III considers how the lessons or impacts of this broader movement might be relevant in future conflicts raising questions of statehood and tribal …
Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning,
2025
University of Washington School of Law
Planning A New Paradigm: Tribal Co-Stewardship And Federal Public Lands Planning, Monte Mills, Martin Nie
Articles
Planning is a critical part of the federal government’s management of the nation’s public lands. Over the last half century, Congress has mandated that each of the four major public land management agencies; the U.S. Forest Service, the Bureau of Land Management, the U.S. Fish and Wildlife Service, and the National Park Service, develop and rely on plans to guide their oversight of public lands and resources. Virtually every activity or decision affecting these public lands can be traced back to language in—or missing from—a plan. But, despite the importance of planning, the process by which each agency develops and …
Montana Environmental Information Center V. Montana Department Of Environmental Quality,
2025
University of Montana
Montana Environmental Information Center V. Montana Department Of Environmental Quality, Alexis Karbowicz
Public Land & Resources Law Review
No abstract provided.
Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen,
2025
Loyola University Chicago School of Law
Robots And (Indian) Reservations: A Jurisdictional Nightmare Waiting To Happen, Adam Crepelle
Northwestern Journal of Technology and Intellectual Property
Advances in artificial intelligence are expanding the possibilities of robots. Indeed, robots are now engaging in numerous activities previously thought to require human cognition, such as driving cars and diagnosing diseases. Scholars have published numerous articles examining the intersection of law and robots across myriad fields. However, legal scholarship has yet to explore the relationship between robots and federal Indian law. This is a significant oversight because there are 574 federally recognized tribes and over fifty-six million acres of Indian country. Thus, legal issues involving tribes and robots are inevitable. This is the first law review article dedicated to exploring …
Uncommon Controversy,
2025
University of Maine School of Law
Uncommon Controversy, David Getches
Maine Law Review
In the mid-nineteenth century the Indians of the Northwest were pressured by government agents into signing treaties ceding most of the land they had historically occupied to the United States. In each treaty, besides reserving small tracts of land for themselves, the Indians specifically reserved the right to fish "at all usual and accustomed grounds and stations." Because the lands which the Indians were permitted to reserve were selected so as "not to interfere with existing [non-Indian] claims, or with the progress of settlements," many traditional fishing places were located outside the reservations. The Indians' grudging acceptance of the treaties …
State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?,
2025
University of Maine School of Law
State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?, Francis J. O'Toole, Thomas N. Tureen
Maine Law Review
Because of their strategic location on the sparsely settled Canadian border, the Passamaquoddy Indians were of great importance in the American Revolution, and played a decisive role in securing eastern Maine for the United States. As soon as the hostilities had ended, however, the federal government promptly forgot about these Indian allies in what is now the State of Maine and, whether intentionally or not, left the Passamaquoddy Tribe in its dealings with the dominant society to the mercy of Massachusetts and, after 1820, Maine. The Passamaquoddy Tribe is a relatively small one, but there are approximately 120,000 other tribal …
Uncommon Controversy,
2025
University of Maine School of Law
Uncommon Controversy, David Getches
Maine Law Review
In the mid-nineteenth century the Indians of the Northwest were pressured by government agents into signing treaties ceding most of the land they had historically occupied to the United States. In each treaty, besides reserving small tracts of land for themselves, the Indians specifically reserved the right to fish "at all usual and accustomed grounds and stations." Because the lands which the Indians were permitted to reserve were selected so as "not to interfere with existing [non-Indian] claims, or with the progress of settlements," many traditional fishing places were located outside the reservations. The Indians' grudging acceptance of the treaties …
State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?,
2025
University of Maine School of Law
State Power And The Passamaquoddy Tribe: "A Gross National Hypocrisy"?, Francis J. O'Toole, Thomas N. Tureen
Maine Law Review
Because of their strategic location on the sparsely settled Canadian border, the Passamaquoddy Indians were of great importance in the American Revolution, and played a decisive role in securing eastern Maine for the United States. As soon as the hostilities had ended, however, the federal government promptly forgot about these Indian allies in what is now the State of Maine and, whether intentionally or not, left the Passamaquoddy Tribe in its dealings with the dominant society to the mercy of Massachusetts and, after 1820, Maine. The Passamaquoddy Tribe is a relatively small one, but there are approximately 120,000 other tribal …
Rectifying Historical Wrongs: The Case For The Indigenous’ Inherent Right To Self–Govern Child Welfare In Canada,
2025
University of Miami Law School
Rectifying Historical Wrongs: The Case For The Indigenous’ Inherent Right To Self–Govern Child Welfare In Canada, Ariana Kravetz
University of Miami Inter-American Law Review
No abstract provided.
