Appeal No. 1041: Mitchell D. Edie And Darla Edie, V. Division Of Oil & Gas Resources Management,
2025
Case Western Reserve University School of Law
Appeal No. 1041: Mitchell D. Edie And Darla Edie, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
Appeal No.1032: K. Petroeum, Inc V. Division Of Oil & Gas Resources Management,
2025
Case Western Reserve University School of Law
Appeal No.1032: K. Petroeum, Inc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
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.
Keynote Address: The Future Of Environmental Enforcement,
2025
Villanova University Charles Widger School of Law
Keynote Address: The Future Of Environmental Enforcement, David M. Uhlmann
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Panel 1: Environmental Enforcement Under New Administrative Law Principles,
2025
Villanova University Charles Widger School of Law
Panel 1: Environmental Enforcement Under New Administrative Law Principles, Sommer H. Engels, Jeffrey W. Mccoy, Melissa A. Scacchitti, David M. Uhlmann
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice,
2025
Villanova University Charles Widger School of Law
Presentations: Pennsylvania's Environmental Rights Amendment And Environmental Justice, Samantha Phillps Beers, John C. Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management,
2025
Villanova University Charles Widger School of Law
A Modern Moby-Dick: The First Circuit Reveals How Man's Unchecked Fixations Still Impact Nantucket's North Atlantic Right Whale In Nantucket Residents Against Turbines V. U.S. Bureau Of Ocean Energy Management, Julia A. Snyder
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood,
2025
Villanova University Charles Widger School of Law
Climate Change And Digital Nations: Harnessing The Metaverse To Perpetuate Small Island Statehood, Nicole Bessette
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Panel 2: Environmental Rights Amendment And Environmental Justice,
2025
Villanova University Charles Widger School of Law
Panel 2: Environmental Rights Amendment And Environmental Justice, Samantha Phillips Beers, John C, Dernbach, Emma H. Bast, Margaret O. Murphy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden,
2025
Villanova University Charles Widger School of Law
A Monumental Tug Of War: The Clash Over Presidential Authority And National Monuments In Murphy Co. V. Biden, Benjamin S. Levy
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission,
2025
Villanova University Charles Widger School of Law
Pressure In The Pipeline? Hidden Tensions Beneath The Surface In The D.C. Circuit's Analysis Of Alabama Municipal Distributors Group V. Federal Energy Regulatory Commission, Marina Campo
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement,
2025
Pace University
Using State Policy To Neutralize Green Infrastructure Project-Ending Litigation And Strategically Advance Community Engagement, Sara Cody
Pace Environmental Law Review
In May 2023, Governor Gavin Newsome publicly announced a California Environmental Quality Act (“CEQA”) reform bill (SB 149), which he signed into law on July 10, 2023. From the moment this was announced, the proposal was barraged by pushback, not from climate negative industry, but from major environmental groups, including the National Resource Defense Council and the Sierra Club, among others. Why is this? One reason is that permit reform has historically been championed by the fossil fuel industry as a method for cutting red tape to make resource exploration faster, easier, and less costly. Even so, the ratio of …
Strange Bedfellows: Guardians For Fetuses And Future Generations,
2025
Pace University
Strange Bedfellows: Guardians For Fetuses And Future Generations, Celia Parry
Pace Environmental Law Review
In the 1970s, savvy anti-abortion lawyers began employing “fetal guardians” as a procedural mechanism to restrict abortion access. In Juliana v. United States, arguably the most important climate lawsuit from the past ten years, a “guardian for future generations” acted as a plaintiff. These forms of legal guardianship resemble each other because they both rely on property law precedent, invoke creative interpretations of guardianship, and represent future interests. This connection also presents a predicament for climate litigators and anti-abortion litigators, who don’t typically share the same agenda. To date, this intersection between fetal and future generation guardianship has not received …
Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There,
2025
Pace University
Ecocentric Environmental Justice: Why We Should Go There And How We Can Get There, Jillian R. Houle
Pace Environmental Law Review
Environmental justice is necessary. It forces us to grapple with the fact that environmental burdens and benefits have been disproportionately divvied up across arbitrary race- and income-based lines, asks “what are you going to do about it?”, and offers solutions and answers to the problems it identifies. Everyone benefits from environmental justice. At the same time, environmental protection is necessary. Not only does environmental protection, by definition, protect the biotic and abiotic components of the natural world, but it further serves to protect humans, who unequivocally rely on the natural environment to sustain their collective life. Everything – living and …
Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law,
2025
Pace University
Geothermal Energy And The Possibility Of Narrative Unity In Environmental And Energy Law, Jarrod Ingles
Pace Environmental Law Review
As the United States seeks to address concerns about climate change and energy affordability through the deployment of renewable energy and natural gas, the tensions between energy law and environmental law have come into sharper relief. These two related fields are converging as never before because solutions to rising energy costs and the “wicked problem” of climate change often pit the impulses of energy and environmental agencies against one another. Applying a narrative theory approach, I contend that energy law and environmental law will continue to be in tension because they are grounded in different narratives, which in turn communicate …
Back To The Future For Climate Liability,
2025
University of Maine School of Law
Back To The Future For Climate Liability, Anthony Moffa
Pace Environmental Law Review
The Polluter Pays Principle has been a central tenet of environmental policy for decades. It provided an economic justification for compelling cleanups through the Superfund law (the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)). However, outside of that context, it has not been explicitly cited as the chief justification for much environmental law in the United States—until now. The principle has recently been invoked in state climate lawmaking. Last year, Vermont and New York became the first states to enact laws that impose liability on fossil fuel producers for climate change harms, invoking the Polluter Pays Principle and Superfund …
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 …
