Crowley Acknowledgement,
2019
University of Montana
Table Of Contents,
2019
University of Montana
Letter To The Reader,
2019
University of Montana
Indigenous Law At The Supreme Court Of Canada,
2019
University of Montana
Indigenous Law At The Supreme Court Of Canada, Russell Brown
Public Land & Resources Law Review
No abstract provided.
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner,
2019
Alexander Blewett III School of Law at the University of Montana
Brief Of Amici Curiae Indian Law Professors In Support Of Petitioner, Monte Mills
Public Land & Resources Law Review
No abstract provided.
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition,
2019
University of Montana
Loyalties And Royalties: The Osage Nation’S Energy Sovereignty Plan And Wind Farm Opposition, Summer L. Carmack
Public Land & Resources Law Review
No abstract provided.
Enough Is Enough : Ten Years Of Carcieri V . Salazar,
2019
University of Arizona
Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner
Public Land & Resources Law Review
Ten years ago, the United States Supreme Court issued its watershed decision in Carcieri v. Salazar, landing a gut punch to Indian country. Through that decision, the Supreme Court upended decades of Department of the Interior regulations, policy, and practice related to the eligibility of all federally recognized tribes for the restoration of tribal homelands through the Indian Reorganization Act (IRA) of 1934. The Court held that tribes must demonstrate that they were “under federal jurisdiction” in 1934 to qualify for land into trust under the first definition of “Indian” in the IRA. Carcieri has impacted all tribes by upending …
Board Of Editors,
2019
University of Montana
Table Of Contents,
2019
University of Montana
Letter To The Reader,
2019
University of Montana
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration,
2019
University of California, Hastings College of the Law
The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy
Public Land & Resources Law Review
No abstract provided.
Constitutional Protections Of Property Interests In Western Water,
2019
Lewis and Clark Law School
Constitutional Protections Of Property Interests In Western Water, James L. Huffman, Hertha L. Lund, Christopher T. Scoones
Public Land & Resources Law Review
No abstract provided.
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018,
2019
University of Montana
The Good, The Bad, And The Unnecessary : Forest Fire Suppression Funding And Forest Management Provisions Of The Consolidated Appropriations Act Of 2018, Peter B. Taylor
Public Land & Resources Law Review
No abstract provided.
Massachusetts Lobstermen’S Association V. Ross,
2019
Alexander Blewett III School of Law at the University of Montana
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects of scientific interest, and dismissing …
Waters Of The State,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
Waters Of The State, Joseph Regalia, Noah D. Hall
Scholarly Works
This article explores the "waters of the state" in three parts. First, we look to what the states say for themselves about water in their constitutions and statutes. This is not intended as a comprehensive survey, but rather a thorough sampling of the diversity in how states assert themselves over territorial water. There is a tremendous range in the scope of state assertions, in terms of both hydrologic (what waters are included) and legal scope (what states can and should do with water). The diversity and distinctions turn out to be of limited importance, though, at least on the ground. …
A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts,
2019
University of Nevada, Las Vegas -- William S. Boyd School of Law
A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia
Scholarly Works
Courts largely view the public trust doctrine as limited by state legislative and executive policy. According to this widespread theory, states may be required to hold in trust a handful of historically-big waterbodies (referred to as “navigable” waters) for certain uses like commerce, but beyond that, states are free to dispose of water without considering the public’s interests.36 So there is no requirement that states consider, for example, the public’s interest in conserving Walker Lake, a lake much older that the state of Nevada itself. And not only can the public not meaningfully challenge a state’s legislative or executive decisions …
Waters Of The State,
2019
Wayne State University
Waters Of The State, Noah D. Hall, Joseph Regalia
Law Faculty Research Publications
No abstract provided.
An Analysis Of Mandatory Hookup Law: Cases & Statutes,
2019
West Virginia University
An Analysis Of Mandatory Hookup Law: Cases & Statutes, Jesse Richardson
Law Faculty Scholarship
No abstract provided.
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018),
2019
University of New Mexico - School of Law
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa
Faculty Scholarship
On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what …
Can A State's Water Rights Be Damned? Environmental Flows And Federal Dams In The Supreme Court,
2019
University of New Mexico - School of Law
Can A State's Water Rights Be Damned? Environmental Flows And Federal Dams In The Supreme Court, Reed D. Benson
Faculty Scholarship
Interstate rivers are subject to the doctrine of equitable apportionment, whereby the Supreme Court seeks to ensure that all states that share such rivers get a fair portion of their benefits. The Court has rarely issued an equitable apportionment decree, however, and there is little law on whether the doctrine protects river flows for environmental purposes. The ongoing Florida v. Georgia litigation in the Supreme Court raises this issue, as Florida seeks to limit consumptive uses by upstream Georgia to preserve flows in the Apalachicola River, which provide both economic and environmental benefits. This Article summarizes both the equitable apportionment …
