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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.


Tax Planning For Foreign Expansion By U.S. Petroleum Companies, Martin Van Brauman 2021 United States Internal Revenue Service

Tax Planning For Foreign Expansion By U.S. Petroleum Companies, Martin Van Brauman

Journal of Natural Resources & Environmental Law

No abstract provided.


The Broad Form Deed Amendment: Does It Still Have A Purpose? An Analysis Of The Broad Form Deed Amendment In Light Of Ward V. Harding, Robert H. Eardley 2021 University of Kentucky

The Broad Form Deed Amendment: Does It Still Have A Purpose? An Analysis Of The Broad Form Deed Amendment In Light Of Ward V. Harding, Robert H. Eardley

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 ...


Wetlands Regulations Affecting Coal Mining And Oil And Gas Operations, Anthony P. Tokarz, Betsy Ennis Dulin 2021 Bowles Rice McDavid Graff & Love

Wetlands Regulations Affecting Coal Mining And Oil And Gas Operations, Anthony P. Tokarz, Betsy Ennis Dulin

Journal of Natural Resources & Environmental Law

No abstract provided.


Rights Of Surface Owners On Federally Patented Lands, Hector Lareau 2021 Snyder & Schwarz, P.C.

Rights Of Surface Owners On Federally Patented Lands, Hector Lareau

Journal of Natural Resources & Environmental Law

No abstract provided.


Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday 2021 Texas A&M University School of Law

Givens V. Mountain Valley Pipeline, Llc And The Unresolved Circuit Split, Karen Alday

Texas A&M Journal of Property Law

The natural gas industry is central to the United States economy. However, due to vague regulations and judicial leniency, natural gas pipeline companies have almost zero restraint in exercising eminent domain. Their current operations mirror that of the federal government’s authority to exercise immediate possession. Recently, landowners have contested the pipeline industry’s authority to exercise eminent domain, which has developed into a circuit split. The Fourth Circuit, and the six other circuits that have followed suit, hold that pipeline companies have the substantive right to immediate entry and are entitled to a preliminary injunction before a trial on ...


Severance Taxes As An Offensive Weapon: The Forbidding Legacy Of Wyoming V. Oklahoma, Judy Jones Lewis 2021 Barret, Haynes, May, Carter & Roark, P.S.C.

Severance Taxes As An Offensive Weapon: The Forbidding Legacy Of Wyoming V. Oklahoma, Judy Jones Lewis

Journal of Natural Resources & Environmental Law

No abstract provided.


Federal Tax Considerations In Foreign Oil And Gas Operations By Domestic Oil Companies, Martin M. Van Braumen 2021 United States Internal Revenue Service

Federal Tax Considerations In Foreign Oil And Gas Operations By Domestic Oil Companies, Martin M. Van Braumen

Journal of Natural Resources & Environmental Law

No abstract provided.


Defining Coal Dredging As Surface Mining Under Smcra: Cumberland Reclamation Co. V. United States, Stefan R. Hughes 2021 University of Kentucky

Defining Coal Dredging As Surface Mining Under Smcra: Cumberland Reclamation Co. V. United States, Stefan R. Hughes

Journal of Natural Resources & Environmental Law

No abstract provided.


Joint Operating Agreements: An International Comparison From Petroleum Law, Alexander J. Black, Hew R. Dundas 2021 University of Glasgow

Joint Operating Agreements: An International Comparison From Petroleum Law, Alexander J. Black, Hew R. Dundas

Journal of Natural Resources & Environmental Law

No abstract provided.


Mining Waste And The Resource Conservation And Recovery Act: An Overview, Glenn C. Van Bever 2021 University of Kentucky

Mining Waste And The Resource Conservation And Recovery Act: An Overview, Glenn C. Van Bever

Journal of Natural Resources & Environmental Law

No abstract provided.


Competing Ownership Claims And Environmental Concerns In Coalbed Methane Gas Development In The Appalachian Basin, Elizabeth A. McClanahan 2021 Penn, Stuart, Eskridge & Jones

Competing Ownership Claims And Environmental Concerns In Coalbed Methane Gas Development In The Appalachian Basin, Elizabeth A. Mcclanahan

Journal of Natural Resources & Environmental Law

No abstract provided.


"Te Pee" As In Taxpayer: Tribal Severance Taxes--Canvassing The Reservation-Do Tribes Have The Power To Impose Severance Taxes On Minerals Extracted On Non-Indian Fee Lands Within The Reservation?, Michael Layne Carrico 2021 University of Kentucky

"Te Pee" As In Taxpayer: Tribal Severance Taxes--Canvassing The Reservation-Do Tribes Have The Power To Impose Severance Taxes On Minerals Extracted On Non-Indian Fee Lands Within The Reservation?, Michael Layne Carrico

Journal of Natural Resources & Environmental Law

No abstract provided.


Self-Mined Coal Used As Fuel And The Black Lung Coal Tax, Mark F. Sommer 2021 Greenebaum Doll & McDonald

Self-Mined Coal Used As Fuel And The Black Lung Coal Tax, Mark F. Sommer

Journal of Natural Resources & Environmental Law

No abstract provided.


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