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14,999 full-text articles. Page 1 of 309.

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter 2020 University of New Mexico

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


How Lawyers Can Help Save The Planet, John C. Dernbach, Michael B. Gerrard 2019 Columbia Law School

How Lawyers Can Help Save The Planet, John C. Dernbach, Michael B. Gerrard

John C. Dernbach

We are making a legal toolkit available with more than 1,000 specific recommendations for actions at the federal, state and local levels and in the private sector that could help advance the technical tools already available. Many lawyers are needed to help these recommendations become reality. 


Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph 2019 Seattle University School of Law

Improving Justice And Avoiding Colonization In Managing Climate Change Related Disasters: A Case Study Of Alaska Native Villages, Elizaveta Barrett Ristroph

American Indian Law Journal

No abstract provided.


Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner 2019 Seattle University School of Law

Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner

American Indian Law Journal

No abstract provided.


Juliana V. United States, Daniel Brister 2019 University of Montana School of Law

Juliana V. United States, Daniel Brister

Public Land & Resources Law Review

In 2015, a group of adolescents between the ages of eight and nineteen filed a lawsuit against the federal government for infringing upon their civil rights to a healthy, habitable future living environment. Those Plaintiffs in Juliana v. United States alleged that the industrial-scale burning of fossil fuels was causing catastrophic and destabilizing impacts to the global climate, threatening the survival and welfare of present and future generations. Seeking to reduce the United States’ contributions to atmospheric carbon dioxide, Plaintiffs demanded injunctive and declaratory relief to halt the federal government’s policies of promoting and subsidizing fossil fuels, due to ...


To Bee Or Not To Bee, Michael Davids 2019 Stetson University College of Law (Student)

To Bee Or Not To Bee, Michael Davids

Seattle Journal of Environmental Law

Honey bees are the oil that keeps our agriculture system functioning and productive, yet beekeepers are one of the honey bee’s largest stressors. Bees are hived in uninsulated boxes, shipped thousands of miles to pollinate monoculture crops that affect their diet, and bred to produce less propolis—a valuable substance bees make to protect themselves, but neither federal nor state addresses these issues. This article proposes that the USDA and APHIS, as well as state agriculture agencies regulate hive design to mimic bees’ natural hives, regulate the design of truck trailers to trick bees into believing they are stationary ...


Borderless Commons Under Attack? Reconciling Recent Supreme Court Decisions With Watershed Scale Management, Mike Pease, Olen Paul Matthews 2019 Seattle University School of Law

Borderless Commons Under Attack? Reconciling Recent Supreme Court Decisions With Watershed Scale Management, Mike Pease, Olen Paul Matthews

Seattle Journal of Environmental Law

Water managers have long called for management at watershed scales, instead of using hydrologically arbitrary boundaries like political borders. Considerable effort has been made in recent years to manage watersheds more holistically, but efforts to transfer water across state boundaries have been problematic, thwarted by legal and political obstacles. In Tarrant Regional Water District v. Herrmann the transferability of water across state boundaries has been reviewed by the Supreme Court. Tarrant, a water district in Texas, attempted to reallocate water from Oklahoma. The U.S. Supreme Court interpreted the case narrowly, focusing on the wording of the Compact, and determined ...


The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards 2019 Louisiana State University Law Center

The Societal Impacts Of Climate Anomalies During The Past 50,000 Years And Their Implications For Solastalgia And Adaptation To Future Climate Change, Edward P. Richards

Edward P. Richards

No abstract provided.


Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers 2019 “Alexander Blewett III School of Law at the University of Montana

Appalachian Voices V. State Water Control Board, Thomas C. Mooney-Myers

Public Land & Resources Law Review

The Virginia State Water Control Board certified the issuance of permits for the construction of a natural gas pipeline that traversed over 300 miles of Virginia in addition to other states. Local environmental groups and individuals petitioned the Fourth Circuit to review the certification under the Administrative Procedure Act. The Fourth Circuit Court of Appeals gave deference to the agency’s actions and denied the petition for review.


Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee 2019 Georgetown University Law Center

Agency Statutory Abnegation In The Deregulatory Playbook, William W. Buzbee

Georgetown Law Faculty Publications and Other Works

If an agency newly declares that it lacks statutory power previously claimed, how should such a move—what this article calls agency statutory abnegation—be reviewed? Given the array of strategies an agency might use to make a policy change or move the law in a deregulatory direction, why might statutory abnegation be chosen? After all, it is always a perilous and likely doctrinally disadvantageous strategy for agencies. Nonetheless, agencies from time to time have utilized statutory abnegation claims as part of their justification for deregulatory shifts. Actions by agencies during 2017 and 2018, under the administration of President Donald ...


Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski 2019 The Graduate Center, City University of New York

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

All Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings ...


Pennsylvania's Environmental Rights Amendment: Past, Present, & Future, Franklin Kury 2019 Pennsylvania State Legislator, 1969-1980

Pennsylvania's Environmental Rights Amendment: Past, Present, & Future, Franklin Kury

Sustainability Research & Creative Activities Seminar Presentations

No abstract provided.


Indigenous Environmental Network V. United States Department Of State, Seth Sivinski 2019 University of Montana School of Law

Indigenous Environmental Network V. United States Department Of State, Seth Sivinski

Public Land & Resources Law Review

Pipelines are an extremely efficient way to move large amounts of oil and gas across long distances. However, pipelines have become a lightning rod for environmentalists opposing the lines’ construction and the energy sector which considers the lines a must to achieve energy independence and security. Pipelines are massive projects often crossing interstate and international boundaries. As a result, they are subject to an extensive amount of government regulation with an accompanying assortment of legal challenges. Indigenous Environmental Network v. United States Department of State is the latest case in the Keystone XL pipeline saga, wherein the United States District ...


Digging Deep: The Clean Water Act's Applicability To Groundwater Discharges, Justin Rheingold 2019 Boston College Law School

Digging Deep: The Clean Water Act's Applicability To Groundwater Discharges, Justin Rheingold

Boston College Law Review

In its 2018 decision, Upstate Forever v. Kinder Morgan Energy Partners, L.P., the United States Court of Appeals for the Fourth Circuit found liability under the Clear Water Act (“CWA”) for point source pollutant discharges that travel through hydrologically connected groundwater on their way to a navigable waterway. This decision aligned the court with precedent from the United States Courts of Appeals for the Second and Ninth Circuits, but later decisions from the United States Court of Appeals for the Sixth Circuit resulted in a clear circuit split on the issue of CWA applicability to discharges that travel through ...


Kloker V. Fort Peck Tribes, Hallee Kansman 2019 Alexander Blewett III School of Law at the University of Montana

Kloker V. Fort Peck Tribes, Hallee Kansman

Public Land & Resources Law Review

Kloker v. Fort Peck Tribes investigates and deciphers the application of the Indian canons of construction to the congressional formation and establishment of the Fort Peck reservation in Montana. In general, courts interpret congressional acts creating reservations through the lens of the tribal-federal government trust relationship. Although this case examines different substantive models of legal interpretation and theories of water law, the ultimate dispute is textual in nature—questioning the plain language of the establishment legislation itself.


Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker 2019 University of Montana

Maralex Resources, Inc. V. Barnhardt, Bradley E. Tinker

Public Land & Resources Law Review

In Maralex Resources v. Barnhardt, Maralex and property owners brought an action to protect private property from BLM inspections of oil and gas lease sites. The Tenth Circuit looked at the plain meaning of a congressional statute and held in favor of Maralex, finding that BLM lacked authority to require a private landowner to provide BLM with a key to inspect wells of their property. The Tenth Circuit held BLM has the authority to conduct inspections without prior notice on private property lease sites; however, it is required to contact the property owner for permission before entering the property.


Litigation's Bounded Effectiveness And The Real Public Trust Doctrine: The Aftermath Of The Mono Lake Case, Craig Anthony (Tony) Arnold, Leigh A. Jewell 2019 Selected Works

Litigation's Bounded Effectiveness And The Real Public Trust Doctrine: The Aftermath Of The Mono Lake Case, Craig Anthony (Tony) Arnold, Leigh A. Jewell

Craig Anthony (Tony) Arnold

No abstract provided.


Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold 2019 Selected Works

Environmental Law, Episode Iv: A New Hope? Can Environmental Law Adapt For Resilient Communities And Ecosystems?, Craig Anthony (Tony) Arnold

Craig Anthony (Tony) Arnold

No abstract provided.


Murray V. Bej Minerals, Llc, Brett Berntsen 2019 Alexander Blewett III School of Law at the University of Montana

Murray V. Bej Minerals, Llc, Brett Berntsen

Public Land & Resources Law Review

Part of a dispute some 66 million years in the making, Murray v. BEJ Minerals, LLC considered for the first time whether dinosaur fossils—specifically a one-of-a-kind specimen containing entombed “dueling dinosaurs”—qualified as “minerals” for the purposes of a property transaction under Montana law. Finding no consistent statutory or dictionary definition for “mineral,” the Ninth Circuit relied on a test previously utilized by the Montana Supreme Court to hold that the dinosaur fossils constituted minerals due to their rare and exceptional qualities and were therefore part of the property’s mineral estate. The decision was promptly nullified, however, as ...


Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains 2019 University of Montana

Hoopa Valley Tribe V. Ferc, Fredrick Aaron Rains

Public Land & Resources Law Review

In Hoopa Valley Tribe v. FERC, the Hoopa Valley Tribe challenged the intentional and continual delay of state water quality certification review of water discharged from a series of dams on the Klamath River in California and Oregon. The Federal Energy Regulatory Commission, the states of Oregon and California, and PacifiCorp, a hydroelectric operator, were implementing an administrative scheme designed to circumvent a one-year temporal requirement for review imposed on states by the Clean Water Act. This scheme allowed PacifiCorp to operate the series of dams for over a decade without proper state water quality certification. The United States Court ...


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