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15,456 full-text articles. Page 6 of 327.

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.


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 ...


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 ...


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 ...


Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran 2019 Florida Agricultural & Mechanical University College of Law

Eating Our Way To Their Extinction: What Florida Should Learn From California On Banning Shark Fin Soup And The Shark Fin Trade, Bettina Tran

Seattle Journal of Technology, Environmental & Innovation Law

Currently, it is legal to possess, sell and purchase shark fins in 38 states, Florida included. Fishermen are allowed to harvest sharks all around the world with minimal surveillance and weak regulation, causing greed to push a 400-million-year old species to the brink of extinction. Florida’s current statue is completely ineffective and toothless when it comes to shark conservation. The State needs to amend its shark fin law prohibiting the trade in all detached shark fins, for any purpose, by anyone to discontinue fueling a cruel practice. There is a federal bill pending in congress that would ban the ...


How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan 2019 N/A

How Chevron Deference Is Inappropriate In U.S. Fishery Management And Conservation, Charles T. Jordan

Seattle Journal of Technology, Environmental & Innovation Law

Well managed fisheries represent an excellent source of sustainable food making the management of which incredibly important. The management of fisheries in the United States is governed by The Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA). While the Act creates strong goals and mandates to ensure the best management of fisheries as an important natural resource, there are issues of delegation within the act. The MSFCMA ultimately delegates authority to eight regional councils which are made up of unelected and un-appointed members. The membership of these councils is at risk of industry influence with little legal protections. Critical in how ...


State-Level Legislation To Address Global Warming: A Recommendation That Washington Join The Cap And Trade Movement, Monique Saysana 2019 Seattle University School of Law

State-Level Legislation To Address Global Warming: A Recommendation That Washington Join The Cap And Trade Movement, Monique Saysana

Seattle Journal of Technology, Environmental & Innovation Law

This article discusses climate change and the impacts of fossil fuels. In doing so, two approaches are outlined to deal with fossil fuels in Washington: a gas tax and a cap and trade system. There are pros and cons of both systems and a review of recent legislation in Washington. This author recommends a cap and trade system for Washington State.


Golf Course Land Positive Effects On The Environment, Lauren Sewell 2019 Seattle University School of Law

Golf Course Land Positive Effects On The Environment, Lauren Sewell

Seattle Journal of Technology, Environmental & Innovation Law

This article evaluates both the positive and negative environmental aspects of golf course. This is a detailed analysis of mitigation efforts to limit harm of the courses and improvements golf course should pursue.


Food Aid To The Developing World: The Subversive Effects Of Modern-Day Neo-Colonialism, Shreya Ahluwalia 2019 Seattle University School of Law

Food Aid To The Developing World: The Subversive Effects Of Modern-Day Neo-Colonialism, Shreya Ahluwalia

Seattle Journal of Technology, Environmental & Innovation Law

The United States has the power and resources to benefit citizens across the world. Many politicians have embodied this goal. Now it is time to move away from this approach. This article exposes the harm surrounding foreign aid from the United States, poses questions related to the foreign policy decisions of the United States and other world powers, and proposes unique solutions through the lens of environmental racism.


Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. WerBell V 2019 Alexander Blewett III School of Law at the University of Montana

Save Our Sound Obx, Inc. V. North Carolina Department Of Transportation, Mitch L. Werbell V

Public Land & Resources Law Review

The Fourth Circuit Court of Appeals recently ruled in favor of several governmental agencies seeking to construct a new bridge in the Pamlico Sound adjacent to North Carolina’s Outer Banks. For years, state and federal agencies have put forth a massive coordinated effort to address the constant weather damage and erosion which occurs to a section of North Carolina Highway 12. The court found the agencies properly cleared NEPA’s environmental review requirements for the bridge’s construction. Additionally, the opponent-litigants’ efforts to add claims challenging the project, based on new information about a shipwreck in the bridge’s ...


Clean Water Act Section 401: Balancing States’ Rights And The Nation’S Need For Energy Infrastructure, Deidre Duncan, Clare Ellis 2019 University of California, Hastings College of the Law

Clean Water Act Section 401: Balancing States’ Rights And The Nation’S Need For Energy Infrastructure, Deidre Duncan, Clare Ellis

Hastings Environmental Law Journal

No abstract provided.


Balancing A Watershed Approach To Stormwater Management, Sean Bothwell, Kaitlyn Kalua 2019 University of California, Hastings College of the Law

Balancing A Watershed Approach To Stormwater Management, Sean Bothwell, Kaitlyn Kalua

Hastings Environmental Law Journal

No abstract provided.


Leading The Way In Sustainable Practices: How The Cannabis Cultivation Policy Is Rethinking Water Management In California, Joanna Hossack 2019 University of California, Hastings College of the Law

Leading The Way In Sustainable Practices: How The Cannabis Cultivation Policy Is Rethinking Water Management In California, Joanna Hossack

Hastings Environmental Law Journal

No abstract provided.


Embracing Global Warmth And Climate Resilience Through Green Chemistry Legislation, Oladele A. Ogunseitan 2019 University of California, Hastings College of the Law

Embracing Global Warmth And Climate Resilience Through Green Chemistry Legislation, Oladele A. Ogunseitan

Hastings Environmental Law Journal

No abstract provided.


Precedent, Politics, Or Priorities: Are Courts Stepping Out Of Their Traditional Judicial Bounds When Addressing Climate Change?, Mary Haley Ousley 2019 University of California, Hastings College of the Law

Precedent, Politics, Or Priorities: Are Courts Stepping Out Of Their Traditional Judicial Bounds When Addressing Climate Change?, Mary Haley Ousley

Hastings Environmental Law Journal

There is consensus in the scientific community that climate change is in fact occurring and is primarily driven by human activities. Despite this consensus, the executive branch under President Trump has engaged in scrapping environmental regulations and increasing fossil fuel consumption, while the legislative branch has refused to take any beneficial action. This leaves the judicial branch as the primary avenue for Americans seeking to force action on climate change.

This paper will focus on the judicial response toward climate change litigation. More specifically, it will analyze how some courts—and the litigants who bring their suits—are stepping outside ...


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