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4,302 full-text articles. Page 57 of 108.

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western 2018 Haub School of Environment and Natural Resources and the University of Wyoming College of Law

Collaboration Through Nepa: Achieving A Social License To Operate On Federal Public Lands, Temple Stoellinger, L. Steven Smutko, Jessica M. Western

Public Land & Resources Law Review

As demand and consumption of natural gas increases, so will drilling operations to extract the natural gas on federal public lands. Fueled by the shale gas revolution, natural gas drilling operations are now frequently taking place, not only in the highly documented urban settings, but also on federal public lands with high conservation value. The phenomenon of increased drilling in sensitive locations, both urban and remote, has sparked increased public opposition, requiring oil and gas producers to reconsider how they engage the public. Oil and gas producers have increasingly deployed the concept of a social license to operate to gain …


Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot 2018 University of Denver Sturm College of Law

Public-Private Conservation Agreements And The Greater Sage-Grouse, Justin R. Pidot

Public Land & Resources Law Review

In 2015, the Obama Administration announced its conservation plans for the greater sage-grouse, an iconic bird of the intermountain west.Political leadership at the time described those plans as the “largest landscape-level conservation effort in U.S. history,”and they served as the foundation for a decision by the U.S. Fish and Wildlife Service (“FWS”) that a listing of the bird was not warranted under the Endangered Species Act (“ESA”). The Trump Administration appears poised to substantially amend the plans, although an array of interested parties have urged that the plans be left intact. Regardless of the outcome of this debate, conservation of …


Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas 2018 University of Montana

Streamlining The Production Of Clean Energy: Proposals To Reform The Hydroelectricity Licensing Process, Travis Kavulla, Laura Farkas

Public Land & Resources Law Review

Hydroelectric power is an efficient and clean source of power. In an era when air emissions dominate public concern about the environmental effects of the energy sector, it is a paradox that among the most highly regulated energy projects are hydroelectric dams, which do not combust fuel. This is partly due to a failure of successive statutory enactments,which have transformed hydroelectric licensing from a regulatory “one-stop shop” with a single regulator, to a process chained to a bewilderingnumber of often conflicting regulatory agencies, often riven with delay. Hydroelectric licensing has also failed because its capacious standard of review encourages special-interest …


Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson 2018 University of New Mexico School of Law

Keeping Power In Charge: Federal Hydropower And The Downstream Environment, Reed D. Benson

Public Land & Resources Law Review

No abstract provided.


Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic 2018 University of Montana

Language Matters: Environmental Controversy And The Quest For Common Ground, Scott Slovic

Public Land & Resources Law Review

No abstract provided.


Center For Biological Diversity V. Zinke, Ryan Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Center For Biological Diversity V. Zinke, Ryan Hickey

Public Land & Resources Law Review

The oft-cited “arbitrary and capricious” standard revived the Center for Biological Diversity’s most recent legal challenge in its decades-long quest to see arctic grayling listed under the Endangered Species Act. While this Ninth Circuit decision did not grant grayling ESA protections, it did require the United States Fish and Wildlife Service to reconsider its 2014 finding that listing grayling as threatened or endangered was unwarranted. In doing so, the court found “range,” as used in the ESA, vague while endorsing the FWS’s 2014 clarification of that term. Finally, this holding identified specific shortcomings of the challenged FWS finding, highlighting how …


When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs 2018 William & Mary Law School

When The Well Runs Dry: Why Water-Rich States Need To Prepare For Climate Change And Protect Their Groundwater, Danielle Takacs

William & Mary Environmental Law and Policy Review

It may seem surprising to see such concern over groundwater usage in a state like Wisconsin. While known for its dairy and cheese production, Wisconsin is first in the nation for producing snap beans and cranberries. Agriculture contributes $88.3 billion annually to Wisconsin’s economy alone. In addition to bordering two of the Great Lakes, Lake Michigan and Lake Superior, Wisconsin boasts that it is home to about 15,000 lakes. And this does not include the numerous rivers and streams throughout the state. These facts alone may make Wisconsin seem an unlikely place for disputes over groundwater, as water seems to …


Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker 2018 Alexander Blewett III School of Law at the University of Montana

Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker

Public Land & Resources Law Review

In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …


Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains 2018 Alexander Blewett III School of Law at the University of Montana

Public Employees For Environmental Responsibility V. United States Epa, F. Aaron Rains

Public Land & Resources Law Review

Prior to 2016, the EPA acknowledged that human activities significantly contribute to climate change. However, on March 9, 2017, EPA Administrator Scott Pruitt announced that significant debate regarding the issue remained in the scientific community. In response to these statements, a nonprofit organization filed a FOIA request with the EPA seeking any documents or records Pruitt may have used when formulating his statements or substantiating his position. The EPA refused to comply with the request, citing undue burden and improper interrogation and this action followed. Upon review, the District Court for the District of Columbia found the plaintiff’s FOIA request …


Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd 2018 Dalhousie University Schulich School of Law

Recent Developments In Marine Insurance Law And Consequences For Iran, Mohammad Ali Majd

LLM Theses

The United Kingdom Insurance Act 2015 entered into force on 12 August 2016. It introduced major changes to some provisions of the Marine Insurance Act 1906 which has been the principal model for establishing marine insurance law and practice not only in common law jurisdictions, but also in some civil law countries. The main areas of change are the duty of fair presentation, warranties, insurer’s remedies for fraudulent claims and damages for the late payment of claims. This thesis investigates how uniformity in international marine insurance law can be promoted by virtue of the new changes in English law and …


A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce 2018 Benjamin N. Cardozo School of Law

A Fish Out Of Water: Why The Gao's Approach To Finding Agency Propaganda Is Inadequate In The Social Media Age, Jennifer Pierce

Cardozo Law Review

No abstract provided.


Murr And Wisconsin: The Badger State's Take On Regulatory Takings, 2018 Marquette University Law School

Murr And Wisconsin: The Badger State's Take On Regulatory Takings

Marquette Law Review

None.


Current Developments In Indian Water Law And Treaty Rights: Old Promises, Recent Challenges, And The Potential For A New Future, Monte Mills 2018 Alexander Blewett III School of Law at the University of Montana

Current Developments In Indian Water Law And Treaty Rights: Old Promises, Recent Challenges, And The Potential For A New Future, Monte Mills

Faculty Books & Book Chapters

Chapter nine of 64 Rocky Mt. Min. L. Inst. 9-1 (2018).


The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. McKissick 2018 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Well’S Run Dry: Considering Water As A Fundamental Right Using An Interdisciplinary Approach, Matthew J. Mckissick

Nevada Law Journal

No abstract provided.


Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek 2018 Florida State University College of Law

Unknown Quantity: The Bottled Water Industry And Florida's Springs, Kelly Samek

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart 2018 Florida State University College of Law

Florida's Impaired Waters Rule: Is There A "Method" To The Madness?, Cynthia D. Norgart

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher 2018 Florida State University College of Law

Florida Water Resource Development: A Call For Statewide Leadership, Charles R. Fletcher

Florida State University Journal of Land Use and Environmental Law

In his article, Florida Water Resource Development: A Call for Statewide Leadership, Charles R. Fletcher argues that Florida's current drought is due to a lack of statewide leadership in water resource planning and development. In discussing how Florida might improve its system, Mr. Fletcher surveys water resource development in North Carolina, New York, Texas, Kansas, Arizona, and California. These states offer alternatives to Florida's current system, and Mr. Fletcher identifies a number of proposals to effectively increase water resource development in Florida without the need for revision of Florida's administrative water use permitting system.


Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless 2018 Florida State University College of Law

Ebb And Flow Of Florida's Public Trust Doctrine Through The Opinions Of Justice James B. Whitehead, Rosanne Gervasi Capeless

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne 2018 University of Florida, Gainesville

Getting The Most Valuable Water Supply Pie: Economic Efficiency In Florida's Reasonable-Beneficial Use Standard, Phyllis Park Saarinen, Gary D. Lynne

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest 2018 Florida State University College of Law

The Ordinary High Water Boundary On Freshwater Lakes And Streams: Origin, Theory, And Constitutional Restrictions, David Guest

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


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