Category: Issue 1
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Consultation with American Indian Tribes: Resolving Ambiguity and Inconsistency in Government-to-Government Relations
As the salmon disappear, so do our tribal cultures and treaty rights. We are at a crossroads and we are running out of time. Introduction Political protests at the Standing Rock Reservation in North Dakota symbolize the modern Indian movement demanding the federal government to recognize tribal sovereignty and treat American Indian tribes…
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Protecting the Gateway to Yellowstone: The Upper Yellowstone River and Its Options for Survival
Introduction Just north of Yellowstone National Park, in the Upper Yellowstone River watershed, two proposed gold mines threaten one of America’s most beautiful and biodiverse areas. This Note will argue that a federal act similar to the North Fork Watershed Protection Act of 2014, which withdrew 430,000 acres of public land from mining in northwest…
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Flames, Fixes, and the Road Forward: The Waste Prevention Rule and BLM Authority to Regulate Natural Gas Flaring and Venting
Introduction The Bureau of Land Management (“BLM”) finalized its Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule (“Waste Prevention Rule” “BLM Methane Rule,” or “Rule”) in November 2016. The stated purpose of the Rule is “to implement and carry out the purposes of statutes relating to prevention of waste from Federal and…
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The Second Amendment v. The Environment: Florida’s Transformation of Gun Range Environmental Liability
This Article focuses on Florida’s statutory provisions regulating gun ranges; those provisions provide a stark contrast to traditional environmental regulation. In 2004, Florida enacted legislation that makes lawsuits and other legal actions against gun ranges a “last-resort option” for addressing environmental impacts at the ranges and creates a rule that relies on the industry…
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The Transfer of Public Lands Movement: The Battle to Take “Back” Lands That Were Never Theirs
Introduction Long a hotbed of discontent over federal public land management, Utah rekindled the “sagebrush rebellion” in 2012 when it enacted the Transfer of Public Lands Act (“TPLA”),[2] demanding that the federal government turn millions of acres of public land[3] over to the state. Utah’s efforts became a model for legislation that sprang up…