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Makah Indian Tribe v. Exxon Mobil Corp.

A district court granted two Indian tribes' motion to remand to state court a challenge brought against fossil fuel companies for climate change-related harms. The tribes sued in state court, asserting claims for public nuisance and failure to warn. The companies removed the suit to federal court, a...

Great Salt Lake, Environmental Crises, and Securities Liability

This Article examines the intersection of environmental crises and financial disclosure obligations through the lens of Great Salt Lake. As the lake shrinks to unprecedented levels, the resulting dust storms, diminished snowpack, and destabilized ecosystems increasingly threaten both the public health and economic viability of Utah’s most populous region, and economic impacts will extend far beyond industries directly dependent on the lake.

Prescribed Fire in Wilderness Areas in a Post-Chevron World

In order to manage California wilderness areas to preserve their natural and untrammeled character, as required by the Wilderness Act, federal land management agencies should adopt interpretations of the Act that allow prescribed burning and Indigenous cultural burning in areas where it existed pre-colonialism.

Restricting Oil and Gas Leases Through Withdrawals Under OCSLA: Can A President Rescind?

This Comment focuses on energy developments offshore. Part I recognizes OCSLA’s purpose of balancing energy needs with protection of marine animals, coastal beaches, and wetlands. Part II discusses examples of presidential use of OCSLA §12(a) authority to protect (withdraw from leasing) portions of the OCS temporarily or permanently, including challenges to President Biden’s recent withdrawal of the East Coast, West Coast, and part of the Gulf of Mexico and Bering Strait from future oil and gas leases.