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Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla 2020 Alexander Blewett III School of Law at the University of Montana

Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla

Public Land & Resources Law Review

In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction ...


Juliana V. United States, Anthony Reed 2020 Alexander Blewett III School of Law at the University of Montana

Juliana V. United States, Anthony Reed

Public Land & Resources Law Review

Plaintiffs sued the United States government for promoting activities that were known to pollute the atmosphere and cause climate change. They claimed the government’s policies violated their rights under the substantive due process clause of the Fifth Amendment, the equal protection clause of the Ninth Amendment, and the public trust doctrine. The Ninth Circuit held it was not within the court’s Article III power to create and oversee a comprehensive plan capable of redressing the Plaintiffs’ injuries and, therefore, Plaintiffs lacked standing.


Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter 2020 Rhode Island Sea Grant Law Fellow

Authority For Municipal Resilient Road Infrastructure Funding Strategies In Rhode Island, Jimmy Smith, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs 2020 Northwestern Pritzker School of Law

Environmental Justice In Little Village: A Case For Reforming Chicago’S Zoning Law, Charles Isaacs

Northwestern Journal of Law & Social Policy

Chicago’s Little Village community bears the heavy burden of environmental injustice and racism. The residents are mostly immigrants and people of color who live with low levels of income, limited access to healthcare, and disproportionate levels of dangerous air pollution. Before its retirement, Little Village’s Crawford coal-burning power plant was the lead source of air pollution, contributing to 41 deaths, 550 emergency room visits, and 2,800 asthma attacks per year. After the plant’s retirement, community members wanted a say on the future use of the lot, only to be closed out when a corporation, Hilco Redevelopment ...


Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter 2020 Rhode Island Sea Grant Law Fellow

Legal Limits On Recreational Fishing Near Offshore Wind Facilities, Kaitlynn Webster, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Navajo Nation V. United States Department Of The Interior, Adam W. Johnson 2020 Alexander Blewett III School of Law at the University of Montana

Navajo Nation V. United States Department Of The Interior, Adam W. Johnson

Public Land & Resources Law Review

The Navajo Nation sued the United States government alleging the government breached its trust obligation over the allocation of water rights in the Colorado River Basin. On remand, the district court denied the Navajo Nation leave to file its third amended complaint for futility, holding that the general trust relationship was insufficient to support the Nation’s breach of trust claim.


Ace In The Hole: The Epa's Proposed Affordable Clean Energy Rule; Have Your Coal And Burn It Too, Cy M. Hudson 2020 William & Mary Law School

Ace In The Hole: The Epa's Proposed Affordable Clean Energy Rule; Have Your Coal And Burn It Too, Cy M. Hudson

William & Mary Environmental Law and Policy Review

No abstract provided.


Regulating 5g Installations, Bradley Pease 2020 Purdue University

Regulating 5g Installations, Bradley Pease

Purdue Road School

In this session we will discuss regulation of the deployment of 5G small-cell equipment within local right-of-way.


End Notes, Sustainable Development Law & Policy 2020 American University Washington College of Law

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King 2020 American University Washington College of Law

State Preemption And Single Use Plastics: Is National Intervention Necessary?, Ethan D. King

Sustainable Development Law & Policy

No abstract provided.


The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess 2020 Notre Dame Law School

The Right To Legally Sourced Lumber? How The Effective Enforcement Of The Lacey Act Is A U.S. Human Rights Obligation And Critical To Preventing Abuse In The Illegal Logging Industry, Melanie Hess

Sustainable Development Law & Policy

No abstract provided.


An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret 2020 American University Washington College of Law

An Ace Up Their Sleeve Or A House Of Cards: Can The Epa's Affordable Clean Energy Rule Withstand Chevron Deference?, Shannon Zaret

Sustainable Development Law & Policy

No abstract provided.


Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman 2020 American University Washington College of Law

Lake Erie Bill Of Rights Gets The Ax: Is Legal Personhood For Nature Dead In The Water?, Devon Alexandra Berman

Sustainable Development Law & Policy

No abstract provided.


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, Donald D.A. Schaefer 2020 American University Washington College of Law

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, Donald D.A. Schaefer

Sustainable Development Law & Policy

No abstract provided.


Editor's Note, Brianna DelDuca, Hannah Gardenswartz 2020 American University Washington College of Law

Editor's Note, Brianna Delduca, Hannah Gardenswartz

Sustainable Development Law & Policy

No abstract provided.


End Notes, Sustainable Development Law & Policy 2020 American University Washington College of Law

End Notes, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri 2020 American University Washington College of Law

How Syria's Failure To Uphold The Kyoto Protocol And Paris Agreement Exacerbated The Effects Of Climate Change In The Levant, Nivea A. Ohri

Sustainable Development Law & Policy

No abstract provided.


Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez 2020 American University Washington College of Law

Continuing A Broad Application Of Section 9 Of The Esa To Prevent Future Mass Extinctions, Alicia Martinez

Sustainable Development Law & Policy

No abstract provided.


Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie 2020 American University Washington College of Law

Does Importing Endangered Species' Body Parts Help Conservation? Discretion To Import Trophies Under The Trump Administration, Brianna Marie

Sustainable Development Law & Policy

No abstract provided.


Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen 2020 American University Washington College of Law

Ferc Ruling Undermines Energy Federalism And Arbitrarily Targets Mid-Atlantic Region Renewables, Philip Killeen

Sustainable Development Law & Policy

No abstract provided.


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