Oil, Gas, and Mineral Law Commons^™

Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy

Seattle University Law Review

The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …

A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross

Seattle University Law Review

The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …

Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith

Seattle University Law Review

The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …

Constitutional Futurism As Pedagogy, Jeremiah Chin

Seattle University Law Review

Constitutional Law has transformed from a course on history to a discussion of current events. Cases like Students for Fair Admissions v. Harvard College, Dobbs v. Jackson Women’s Health Organization, and Loper Bright Enterprises v. Raimondo reveal that the study of constitutional law is not a static, or even linear, discussion of constitutional text and history. Law is a shifting, changing enterprise that reflects social constructions of power, authority, and identity. How do we teach, learn, and understand constitutional law that is so laden with history, riddled with theories of consistency and adherence to precedent, but ultimately subject …

Table Of Contents

Seattle University Law Review

Table of Contents

Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer

Seattle University Law Review

The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …

Guidelines On Access To Justice And Effective Remedies In The Context Of Toxics, Marcos Orellana

PEEL Faculty Scholarship

Guidelines on access to justice and effective remedies in the context of toxics

Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, Marcos Orellana.

Editors And Staff Members

Public Land & Resources Law Review

No abstract provided.

Table Of Contents

Public Land & Resources Law Review

No abstract provided.

Letter From The Editors

Public Land & Resources Law Review

No abstract provided.

Property Clause Power Play: The Blm's Conservation Rule And Loper Bright, Meridian S. Wappett, Sandra B. Zellmer

Public Land & Resources Law Review

This article examines the implications of Loper Bright on public land management through rulemaking. Part II provides a comprehensive overview of the case, its holding, and its potential ramifications. Part III delves into the history of the Administrative Procedure Act (“APA”), to illuminate the evolution and underlying rationale for agency deference. Part IV analyzes the constitutional framework underpinning the BLM’s statutory authority, rooted primarily in the Property Clause, which delegates the task of making “needful” rules governing public lands to Congress and to federal land management agencies. Finally, Part V argues that the Rule is valid, whether a reviewing court …

A Most Essential Power: The Case For Restoring Comprehensive Land Use Authority In Indian Country, Michelle Bryan

Public Land & Resources Law Review

Part I of this article provides a brief overview of allotment and its lingering jurisdictional quagmire on impacted reservations. Stepping outside of Indian Country, Part II then outlines the U.S. Supreme Court’s longstanding recognition of sweeping, area-wide government land use authority—authority it considers among the “most essential” and “least limitable.” The Court has never applied this established law when determining tribal sovereignty over land use. That application is long overdue.

Part III details how we arrived at this state of affairs—how tribes, despite starting with sovereign control over land use throughout their territories, experienced losses in that authority over time …

Water Knows No Boundaries: Tribal Jurisdiction Over Non-Indians' Off-Reservation Conduct That Threatens On-Reservation Tribal Water Resources, Wesley J. Furlong, Lori E. Blumenthal

Public Land & Resources Law Review

This Article begins by discussing Manoomin and Sauk-Suiattle, orienting the reader to how these complicated jurisdictional issues have been addressed by Tribal courts. Next, this Article sets forth the current framework under Montana and Merrion for determining the extent of Tribal civil jurisdiction over non-Indians. Next, this Article examines the caselaw establishing Tribal Nations’ inherent sovereign authority to exercise civil jurisdiction over non-Indian activities and conduct occurring on-reservation that threaten or affect Tribal water resources and rights. Finally, this Article examines the caselaw that lays the groundwork for extending Tribal Nations’ civil jurisdiction over non-Indian activities and conduct occurring off-reservation …

Treaty Justice: Charles Wilkinson's Homage To The Boldt Decision, Michael C. Blumm

Public Land & Resources Law Review

Charles Wilkinson, a beloved teacher, author, and advisor, gave his readers perhaps his most personal gift in Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights (U. Washington Press, 2024). Wilkinson finished the manuscript just a week before his unexpected death, at age 81, in 2023. The book is a blend of personal memoirs of countless encounters of people involved in the seminal Boldt decision–which revolutionized treaty fishing rights– and its aftermath, and part of legal history by an analyst who was acutely sensitive to the vagaries of both law and history. We are fortunate …

Abandoning The Iron Horse: Railroad Rights-Of-Way And The Implied Doctrine Of Reverter On Indian Reservations, Arthur B. Macomber

Public Land & Resources Law Review

Land title issues on Indian Reservations are notoriously but unnecessarily complex. Unsettled land titles and the resulting fragile land ownership status on Indian Reservations are well-known factors impeding productive land uses, the cure of environmental degradation, and Indian sovereignty, ownership, and control over sustainable land uses. Some lawsuits even question the existence of a Reservation itself. Land titles to many parcels on Indian Reservations have been split into thousands of owners. Using existing law and principles of equity, abandoned Reservation rights-of-way of many types do not have to sit unused and economically unproductive. Future lawsuits and other wasteful societal friction …

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.

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, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.

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.

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.