Category: Printed
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National Conservation Area Designation: When You Need a Shovel, Not a Backhoe
INTRODUCTION Designating areas for conservation purposes often causes conflict in communities with competing public and private interests, particularly when the federal government is involved. However, due to increasing population […]
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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 […]
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Clear & Convincing: The Proper Evidentiary Standard for R.S. 2477 Claims
I. Introduction Since the enactment of the Wilderness Act in 1964, some western states and counties have become involved in protracted battles over the federal designation of Wilderness within their […]
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Mountain Biking into the Wilderness
ABSTRACT America’s Wilderness Act of 1964[2]* (the “Wilderness Act”) dedicates unique and scenically important federal lands for protection from development. Over time, the increased acreage of federal land designated as […]
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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 […]
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Speech: Challenges and Opportunities of the Expiring Columbia River Treaty
*I. Introduction The headwaters of the Columbia River are in the Rocky Mountains of British Columbia, Idaho, and Montana. From its headwaters, the Columbia River’s mainstem flows 2,000 kilometers (1,243 […]
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The Truth Behind International Climate Agreements: Why They Fail and Why the Bottom-Up is the Way Forward. A Game Theory Analysis
I. INTRODUCTION Climate change is one of the biggest problems facing the world today. It is no longer just environmental groups who are warning of the […]
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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 […]
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The Hard(rock) Truth About Abandoned Mines in the Western United States: Why the Pressure Is On to Enact Good Samaritan Legislation as a Way to Recover
I. INTRODUCTION The water was mustard yellow. It was unnatural and unsafe, but was it unexpected? The normally blue, free-flowing Animas River, which flows from Southern Colorado […]
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Still Melting: How Climate Change and Subsistence Laws Constrain Alaska Native Village Adaptation
Subsistence hunting and fishing practices are essential to maintain the physical, economic, and cultural continuity of Alaska Native Villages (“ANVs”). The combination of rapid climate change, laws that restrict hunting […]