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Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski 2019 University of Montana School of Law

Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski

Public Land & Resources Law Review

In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.


Solenex Llc V. Jewell, F. Aaron Rains 2019 Alexander Blewett III School of Law at the University of Montana

Solenex Llc V. Jewell, F. Aaron Rains

Public Land & Resources Law Review

In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...


Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers 2019 Alexander Blewett III School of Law at the University of Montana

Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.


Massachusetts Lobstermen’S Association V. Ross, Daniel Brister 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 ...


Developmental Differences: The Role Of Institutions In Oil And Gas Operations Within The State Of Colorado, John Stafford 2019 University of Colorado, Boulder

Developmental Differences: The Role Of Institutions In Oil And Gas Operations Within The State Of Colorado, John Stafford

Undergraduate Honors Theses

I argue differences in institutional design choices governing western lands have demonstrable effects in the extraction of shale resources. Using GIS data on geographic characteristics and shale development data, I create a dataset which allows a spatial link between institutions, natural resource development, and other parcel metrics. This allows for a test of how institutions governing property affect shale development. Employing a border discontinuity, I indicate that Native American land experiences extensively more shale development, compared to the neighboring private, state, and federal lands containing similar potential for shale development. In sum, this study contributes to the property rights scholarship ...


From The Clean Power Plan To The Affordable Clean Energy Rule: How Regulated Entities Adapt To Regulatory Change And Uncertainty, Ryan Stoa 2019 Concordia University Sschool of Law

From The Clean Power Plan To The Affordable Clean Energy Rule: How Regulated Entities Adapt To Regulatory Change And Uncertainty, Ryan Stoa

Faculty Scholarship

Regulated entities often struggle to adapt to regulatory change and uncertainty. This is particularly true in the power and utilities sectors, where the scope and scale of project-level planning and management is broad, and changes to these processes can be highly disruptive. Regulatory disruption notwithstanding, some companies adapt to regulatory change and uncertainty better than others. Presently, there is a gap in understanding what these regulatory adaptation best practices might be for the power and utilities sectors.

When the federal Environmental Protection Agency (“EPA”) publicly proposed the Clean Power Plan (“CPP”) in 2014, stakeholders in the power and utilities sectors ...


The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer 2019 Barry University School of Law

The Threat Is Real: Protecting The Energy Infrastructure From Cyberattacks, Patricia Blotzer

Barry Law Review

No abstract provided.


Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman 2019 Southern Methodist University, Dedman School of Law

Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman

Faculty Scholarship

The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.

This new energy economy will require massive investment in energy transport — especially power lines to bring wind and solar ...


Energy Competition: From Commodity To Boutique & Back, James W. Coleman 2019 Southern Methodist University, Dedman School of Law

Energy Competition: From Commodity To Boutique & Back, James W. Coleman

Faculty Scholarship

Energy products such as power, gas, and oil have long been the world’s premier commodities. Consumers demand that power and fuel are available when they want it and they prefer to pay less for it. Few know or care where their fuel or power comes from. So for years energy companies believed that efforts to differentiate their products were mostly ineffective — they were re-signed to compete on price in fierce global commodity markets. But in recent years, a new focus on regulating how energy commodities are produced has begun to splinter previously integrated energy markets, creating markets for boutique ...


Recent Case Decisions, 2018 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Uniting Energy And Environmental Law: Focus On Innovation, Creativity, And Economics, Inara Scott 2018 University of Oklahoma College of Law

Uniting Energy And Environmental Law: Focus On Innovation, Creativity, And Economics, Inara Scott

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The State Of The Us Energy Sector, Joshua D. Rhodes, PhD 2018 University of Oklahoma College of Law

The State Of The Us Energy Sector, Joshua D. Rhodes, Phd

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin 2018 University of Oklahoma College of Law

Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Turning The Tide In Coastal And Riverine Energy Infrastructure Adaptation: Can An Emerging Wave Of Litigation Advance Preparation For Climate Change?, Dena Adler 2018 University of Oklahoma College of Law

Turning The Tide In Coastal And Riverine Energy Infrastructure Adaptation: Can An Emerging Wave Of Litigation Advance Preparation For Climate Change?, Dena Adler

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor’S Introduction, Collin McCarthy 2018 University of Oklahoma College of Law

Editor’S Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen 2018 Alexander Blewett III School of Law at the University of Montana

Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen

Public Land & Resources Law Review

The tribal exhaustion doctrine requires that parties first exhaust available tribal court remedies before challenging tribal jurisdiction in federal court. Exactly what constitutes an exhaustion of tribal court remedies, however, remains riddled with nuance. In Big Horn County Electric Cooperative, Inc. v. Big Man, the U.S. District Court for the District of Montana rejected a U.S. magistrate judge’s recommendation to remand a case to tribal court to further develop the factual record. Instead, the district court relied on federal circuit court precedent in holding that exhaustion had occurred when the tribal appellate court expressly ruled on the ...


The Carbon-Neutral Individual, Michael P. Vandenbergh, Anne C. Steinemann 2018 University of Washington

The Carbon-Neutral Individual, Michael P. Vandenbergh, Anne C. Steinemann

Michael Vandenbergh

Reducing the risk of catastrophic climate change will require leveling off greenhouse gas emissions over the short term and reducing emissions by an estimated 60-80% over the long term. To achieve these reductions, we argue that policymakers and regulators should focus not only on factories and other industrial sources of emissions but also on individuals. We construct a model that demonstrates that individuals contribute roughly one-third of carbon dioxide emissions in the United States. This one-third share accounts for roughly 8% of the world's total, more than the total emissions of any other country except China, and more than ...


Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan 2018 Selected Works

Individual Carbon Emissions: The Low-Hanging Fruit, Michael P. Vandenbergh, Jack Barkenbus, Jonathan Gilligan

Michael Vandenbergh

The individual and household sector generates roughly 30 to 40 percent of U.S. greenhouse gas emissions and is a potential source of prompt and large emissions reductions. Yet the assumption that only extensive government regulation will generate substantial reductions from the sector is a barrier to change, particularly in a political environment hostile to regulation. This Article demonstrates that prompt and large reductions can be achieved without relying predominantly on regulatory measures. The Article identifies seven "low-hanging fruit:" actions that have the potential to achieve large reductions at less than half the cost of the leading current federal legislation ...


From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh 2018 Selected Works

From Smokestack To Suv: The Individual As Regulated Entity In The New Era Of Environmental Law, Michael P. Vandenbergh

Michael Vandenbergh

A debate between advocates of command and control regulation and advocates of economic incentives has dominated environmental legal scholarship over the last three decades. Both sides in the debate implicitly embrace the premise that regulatory measures should be directed almost exclusively at large industrial polluters. This Article asserts that for many pollutants the premise is no longer supportable, and that much of the focus of regulation in the future should turn to individuals and households. Examining a wide range of empirical data, the Article presents the first profile of individual behavior as a source of pollution. The profile demonstrates that ...


Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh 2018 Selected Works

Beyond Elegance: A Testable Typology Of Social Norms In Corporate Environmental Compliance, Michael P. Vandenbergh

Michael Vandenbergh

Social norms scholarship faces the challenge of becoming a mature discipline. Norms theorists have proposed several elegant, widely applicable theories of the origin, evolution and function of norms. For the most part, these theories have suggested that social norms can be viewed as a refinement to the behavioral assumptions of rational choice theory. Although this approach at least implicitly suggests that accounting for norms will improve the predictive capacity of rational choice models, the work must overcome substantial hurdles if it is to do so. The wide range of norms and mechanisms of norm influence on behavior complicate the 'formal ...


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