Category: Printed
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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 […]
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Areas of Critical Environmental Concern: FLPMA’s Unfulfilled Conservation Mandate
[1]Authors’ note: The analysis and citations in this article to “current” Bureau of Land Management (BLM) planning regulations are to the regulations in effect in 2015, when the article was […]
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NEPA and the Northern Integrated Supply Project: Wielding the ‘Paper Tiger’ in the Tenth Circuit
I. Introduction This Note offers an analysis of how courts in the Tenth Circuit should interpret water development project Environmental Impact Statements (“EIS”) in an increasingly dry and environmentally sensitive […]
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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 […]
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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 […]