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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.


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 ...


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 ...


Board Of Editors, 2019 Alexander Blewett III School of Law at the University of Montana

Board Of Editors

Public Land & Resources Law Review

No abstract provided.


Crowley Acknowledgement, 2019 Alexander Blewett III School of Law at the University of Montana

Crowley Acknowledgement

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2019 Alexander Blewett III School of Law at the University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


Indigenous Law At The Supreme Court Of Canada, Russell Brown 2019 Alexander Blewett III School of Law at the 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, Monte Mills 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.


Enough Is Enough : Ten Years Of Carcieri V . Salazar, Bethany C. Sullivan, Jennifer L. Turner 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 ...


Table Of Contents, 2019 Alexander Blewett III School of Law at the University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


Letter To The Reader, 2019 Alexander Blewett III School of Law at the University of Montana

Letter To The Reader

Public Land & Resources Law Review

No abstract provided.


The Interaction Of U.S. Public Lands, Water, And State Sovereignty In The West: A Reassessment And Celebration, John D. Leshy 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, James L. Huffman, Hertha L. Lund, Christopher T. Scoones 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.


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 ...


Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. McDonnell, Anita Foerster 2019 Penn State Law

Energy Re-Investment, Hari M. Osofsky, Jacqueline Peel, Brett H. Mcdonnell, Anita Foerster

Journal Articles

Despite worsening climate change threats, investment in energy — in the United States and globally — is dominated by fossil fuels. This Article provides a novel analysis of two pathways in corporate and securities law that together have the potential to shift patterns of energy investment.

The first pathway targets current investments and corporate decision-making. It includes efforts to influence investors to divest from owning shares in fossil fuel companies and to influence companies to address climate change risks in their internal decision-making processes. This pathway has received increasing attention, especially in light of the Paris Agreement and the Trump Administration’s ...


Clean Energy Justice: Charting An Emerging Agenda, Joel B. Eisen, Shelley Welton 2019 University of Richmond - School of Law

Clean Energy Justice: Charting An Emerging Agenda, Joel B. Eisen, Shelley Welton

Law Faculty Publications

The rapid transition to clean energy is fraught with potential inequities. As clean energy policies ramp up in scale and ambition, they confront challenging new questions: Who should pay for the transition? Who should live next to the industrial-scale wind and solar farms these policies promote? Will the new “green” economy be a fairer one, with more widespread opportunity, than the fossil fuel economy it is replacing? Who gets to decide what kinds of resources power our decarbonized world? In this article, we frame these challenges as part of an emerging agenda of “clean energy justice.” Mapping this agenda highlights ...


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.


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 2019 Alexander Blewett III School of Law at the 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.


Table Of Contents, 2019 Alexander Blewett III School of Law at the University of Montana

Table Of Contents

Public Land & Resources Law Review

No abstract provided.


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