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 …
Calming Troubled Waters: Local Solutions, Part I,
2019
Elisabeth Haub School of Law at Pace University
Calming Troubled Waters: Local Solutions, Part I, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
In 1861, the Ohio Supreme Court adopted the Absolute Use Rule to govern groundwater, essentially allowing landowners its unencumbered use. The opinion noted that the behavior of subterranean water was “occult and mysterious” and that it was beyond the competence of judges to determine its appropriate use. The Ohio court reversed course in 1984 and adopted the Reasonable Use Rule. By then, scientific knowledge had advanced to the point that the interconnected movement of water was more readily discoverable. The court noted that a primary goal of water law should be to conform to hydrologic fact. This Article explores the …
A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts,
2019
University of Nevada, Las Vegas
A New Water Law Vista: Rooting The Public Trust Doctrine In The Courts, Joseph Regalia
Kentucky Law Journal
No abstract provided.
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.
Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries,
2019
Georgia State University College of Law
Rainwater Harvesting: Legal Frameworks In The United States, Singapore And Other Countries, Julian Conrad Juergensmeyer, Audrone Vysniauskaite Durham
Faculty Publications By Year
With increasing climate change effects worldwide, rainwater harvesting is likely to become more and more important to ensure reliable alternative water supply and to conserve the environment. This article examines two goals to be accomplished through rainwater harvesting: (1) augmenting water supply for proposed development's use through regulations that have been formulated to make the proposed development responsible for at least a portion of the water supply needed to support the new development; and (2) managing stormwater runoff. The results show that many, perhaps most, rainwater harvesting programs, as exemplified by efforts in Singapore and elsewhere around the world, succeed …
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 …
Introduction: What You Don't Know Does Protect You,
2019
New Mexico Environment Department
Introduction: What You Don't Know Does Protect You, Rebecca Roose
Natural Resources Journal
No abstract provided.
The New Agriculture: From Food Farms To Solar Farms,
2019
University of Miami School of Law
The New Agriculture: From Food Farms To Solar Farms, Jessica Owley, Amy Wilson Morris
Articles
Across the United States, government agencies and energy developers are looking to agricultural land for development of renewable energy. One attraction of agricultural lands is that they are already relatively ecologically impaired compared with the previous solar development sites in the California and Arizona desert that have been a major source of concern for many environmental groups-and subject to expensive mitigation requirements under the Endangered Species Act. Renewable energy development pressures are accelerating the existing loss of agricultural land, heightening concerns about food security and the economic viability of agricultural communities. California farmland is at the center of this conflict. …
Introduction: Property In Ecology,
2019
University of New Mexico
Introduction: Property In Ecology, Jonathan H. Adler
Natural Resources Journal
No abstract provided.
