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Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell 2021 Alexander Blewett III School of Law at the University of Montana

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.


Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner 2021 Alexander Blewett III School of Law at the University of Montana

Preview— Montana And Wyoming V. Washington: The Commerce Clause And The Clean Water Act Collide Over Coal Exports, Rachel L. Wagner

Public Land & Resources Law Review

The Supreme Court of the United States has not scheduled oral arguments for this matter. In October 2020, the Court asked for the federal government’s views on the case but has not yet decided whether it will exercise its jurisdiction over the challenge.


Mountain States Legal Foundation V. Glickman: Disputes Over Timber Removal From National Forests, Elizabeth Monohan, Brian Wright 2021 University of Kentucky

Mountain States Legal Foundation V. Glickman: Disputes Over Timber Removal From National Forests, Elizabeth Monohan, Brian Wright

Journal of Natural Resources & Environmental Law

No abstract provided.


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


Economic Approaches To Nonrenewable Resource Taxation, Keith J. Brewer, Stephen E. Hamilton, Richard A. Westin 2021 Natural Resources Canada

Economic Approaches To Nonrenewable Resource Taxation, Keith J. Brewer, Stephen E. Hamilton, Richard A. Westin

Journal of Natural Resources & Environmental Law

No abstract provided.


Leslie Salt V. United States: Section 404 Jurisdiction Over Artificial Wetlands, Sylvia Cosby, Christopher Paul 2021 University of Kentucky

Leslie Salt V. United States: Section 404 Jurisdiction Over Artificial Wetlands, Sylvia Cosby, Christopher Paul

Journal of Natural Resources & Environmental Law

No abstract provided.


Alternative Minimum Tax: The Percentage Depletion Tax Preference For Investments In Natural Resources After Hill V. United States, Wade C. Lawson 2021 University of Kentucky

Alternative Minimum Tax: The Percentage Depletion Tax Preference For Investments In Natural Resources After Hill V. United States, Wade C. Lawson

Journal of Natural Resources & Environmental Law

No abstract provided.


Lac Minerals Ltd. V. International Corona Resources Ltd.: Implications For The Minerals Industry In Kentucky, William K. Shannon 2021 University of Kentucky

Lac Minerals Ltd. V. International Corona Resources Ltd.: Implications For The Minerals Industry In Kentucky, William K. Shannon

Journal of Natural Resources & Environmental Law

No abstract provided.


Prepayment Challenges To The Assessment Of Abandoned Mine Land Fees: United States V. Gorman Fuel, Inc., Timothy L. Wells 2021 University of Kentucky

Prepayment Challenges To The Assessment Of Abandoned Mine Land Fees: United States V. Gorman Fuel, Inc., Timothy L. Wells

Journal of Natural Resources & Environmental Law

No abstract provided.


An Analysis Of U.S. Surface Mining Law And Its Attitude Toward Land Use Planning, Lee W. Saperstein 2021 University of Kentucky

An Analysis Of U.S. Surface Mining Law And Its Attitude Toward Land Use Planning, Lee W. Saperstein

Journal of Natural Resources & Environmental Law

No abstract provided.


Federalism And State Regulation Of The Production Of Natural Gas--The Supreme Court Revisits Preemption, Patrick H. Martin 2021 Louisiana State University

Federalism And State Regulation Of The Production Of Natural Gas--The Supreme Court Revisits Preemption, Patrick H. Martin

Journal of Natural Resources & Environmental Law

No abstract provided.


Fundamentals Of Federal Income Taxation Of Natural Resources, Martin J. McMahon Jr. 2021 University of Kentucky

Fundamentals Of Federal Income Taxation Of Natural Resources, Martin J. Mcmahon Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


Subsidence Regulation Under The Surface Mining Control And Reclamation Act Of 1977, Dean K. Hunt, David E. Jones 2021 Pfeiffer, Thomas and Hunt

Subsidence Regulation Under The Surface Mining Control And Reclamation Act Of 1977, Dean K. Hunt, David E. Jones

Journal of Natural Resources & Environmental Law

No abstract provided.


Diffused Surface Water Problems And A Current Of Anomalous Remedies, Anna R. Gwinn 2021 University of Kentucky

Diffused Surface Water Problems And A Current Of Anomalous Remedies, Anna R. Gwinn

Journal of Natural Resources & Environmental Law

No abstract provided.


The Common Law Of Access And Surface Use In Mining, Donald N. Zillman, J. Russell Tyler Jr. 2021 University of Utah

The Common Law Of Access And Surface Use In Mining, Donald N. Zillman, J. Russell Tyler Jr.

Journal of Natural Resources & Environmental Law

No abstract provided.


Corporate Officer Liability Under Smcra: A Statutory Exception To Limited Liability, Virginia H. Pistello 2021 University of Kentucky

Corporate Officer Liability Under Smcra: A Statutory Exception To Limited Liability, Virginia H. Pistello

Journal of Natural Resources & Environmental Law

No abstract provided.


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