Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports in the Pacific Northwest

November 2, 2022 by Michael C. Blumm[1]* & Jeffrey B. Litwak[2]**
No comments
Indian treaty fishing rights scored an important judicial victory recently when an equally divided U.S. Supreme Court affirmed the Ninth Circuit’s decision in the so-called “culverts case,” which decided that the Stevens Treaties of the 1850s give the tribes a right to protect salmon migration obstructed by barrier road culverts. The implications of that decision on other habitat-damaging activities have yet to be ascertained, but even prior to the resolution of the culverts case there were significant indications that federal, state, and local administrative agencies Continue reading →

Priority Disputes Between Holders of Old Order Mineral Rights and Holders of Prospecting Rights or Mining Rights Under the MPRDA in South Africa: Aquila Has Not Landed

November 2, 2022 by Pieter J. Badenhorst[1]*
No comments
“Cui bono?” Cicero As part of the radical transformation of the mineral regime of South Africa, the African National Congress (“ANC”) government introduced the Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) on May 1, 2004. The MPRDA not only vested mineral resources in the custody of the state but also provided for application of new rights on merit by any applicant. The MPRDA also recognized prospecting rights, mining rights, and mineral rights of the previous mineral law dispensation as old order rights Continue reading →