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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.


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 ...


A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak 2019 University of Miami Law School

A Court’S Continuing Obligation To Ensure Fairness Of Class Action Settlements, Filip Grzelak

University of Miami Law Review

In April 2010, Deepwater Horizon, a BP-operated drilling rig, exploded killing eleven workers and poisoning the waters of the Gulf of Mexico with 210 million gallons of oil. Some 90,000 cleanup workers become involved in the response; many became sick after exposure to crude oil and Corexit, a chemical used to disperse the oil. A class action against BP ensued. A settlement was reached in 2013 and provided for a two-phased compensation mechanism, which class action experts praised for effectiveness and fairness.

Soon, however, it became clear that the settlement was neither effective nor fair. Many cleanup workers were ...


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.


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 ...


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.


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 ...


Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-242


Enough Is Enough: Ten Years Of Carcieri V. Salazar, Bethany C. Sullivan, Jennifer L. Turner 2019 Alexander Blewett III School of Law at the University of Montana

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 ...


Recent Case Decisions, 2019 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Gaping Hole: Darning International Corporate Liability For Environmental Disasters And Human Rights, Veronica Threadgill 2019 University of Oklahoma College of Law

Gaping Hole: Darning International Corporate Liability For Environmental Disasters And Human Rights, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Give Me Disproportionate Economic Hardship Or Give Me Death: The Application Of Administrative Review To The Renewable Fuel Standard – Sinclair Wyoming Refining Co. V. Epa, Andrew Rasbold 2019 University of Oklahoma College of Law

Give Me Disproportionate Economic Hardship Or Give Me Death: The Application Of Administrative Review To The Renewable Fuel Standard – Sinclair Wyoming Refining Co. V. Epa, Andrew Rasbold

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


There Will Be Blood: The New Rules Of Oklahoma Oil And Gas Civil Liability, Hunter W. Mattocks 2019 University of Oklahoma College of Law

There Will Be Blood: The New Rules Of Oklahoma Oil And Gas Civil Liability, Hunter W. Mattocks

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Vicissitudes Of Life: Meier V. Chesapeake Operating, Kelsee Kephart 2019 University of Oklahoma College of Law

The Vicissitudes Of Life: Meier V. Chesapeake Operating, Kelsee Kephart

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Cybersecurity And Offshore Oil: The Next Big Threat, Jamie Crandal 2019 University of Oklahoma College of Law

Cybersecurity And Offshore Oil: The Next Big Threat, Jamie Crandal

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction And Front Pages, Collin McCarthy 2019 University of Oklahoma College of Law

Editor's Introduction And Front Pages, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Lowering The Bar?: Reevaluating The Diligent Prosecution Bar In Light Of The Gold King Mine Spill, Connor R. Adamson 2019 Villanova University Charles Widger School of Law

Lowering The Bar?: Reevaluating The Diligent Prosecution Bar In Light Of The Gold King Mine Spill, Connor R. Adamson

Villanova Environmental Law Journal

No abstract provided.


The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick 2019 Villanova University Charles Widger School of Law

The Wild West Re-Lived: Oil Pipelines Threaten Native American Tribal Lands, Ashley A. Glick

Villanova Environmental Law Journal

No abstract provided.


How To Decide Whose Bank Pays: The Impact Of Supreme Court Takings Jurisprudence On Environmental Regulations, Kathleen L. McCanless 2019 Villanova University Charles Widger School of Law

How To Decide Whose Bank Pays: The Impact Of Supreme Court Takings Jurisprudence On Environmental Regulations, Kathleen L. Mccanless

Villanova Environmental Law Journal

No abstract provided.


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