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The Good, the Bad, and the Unnecessary : Forest Fire Suppression Funding and Forest Management Provisions of the Consolidated Appropriations Act of 2018
Full text link2019 James R. Browning Distinguished Lecture in Law, Holding the Delicate Balance Steady and True : The History of FISA\u27s Grand Bargain
Full text linkThe Honorable Richard C. Tallman and his career law clerk Tania M. Culbertson explain what led to the passage of the Foreign Intelligence Surveillance Act ( FISA ) and its creation of the FISA courts, and describe the grand bargain that was struck between our three branches of government when creating FISA\u27s judicial review procedures over domestic espionage and counter-terrorism investigations. Their hope is to leave you with a keener understanding of how we have arrived at where we are today, and how the judiciary understands its oversight role within FISA\u27s statutory framework under our Constitution
PREVIEW; United States v. Havens: \u3cem\u3e“I Have an AR-15 & I Know How to Use It.”\u3c/em\u3e
Full text linkThe question presented here is whether defendant Joan Havens threatened, intimidated, or interfered with Forest Service employees when she warned them they would be shot if they trespassed on her property
League of Conservation Voters v. Trump
Full text linkA consortium of environmental groups brought suit challenging an executive order opening millions of acres of continental shelf lands to oil and gas leasing. The Court held that the President’s actions exceeded his statutory authority and intruded on Congress’s power under the Property Clause, violating the separation of powers doctrine
PREVIEW; Ramon v. Short: \u3cem\u3eLocal Authority in the Context of Federal Immigration Detention Requests\u3c/em\u3e
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Herrera v. Wyoming
Full text linkStemming from the conviction of a Crow tribal member for illegal hunting, Herrera v. Wyoming reignited long-running questions concerning treaty abrogation and precedent. In an effort to clarify conflicting case law, the Supreme Court upheld the Crow Tribe’s reserved hunting rights and rejected the argument that statehood extinguished such rights
Citizens for Clean Energy v. United States Department of the Interior
Full text linkIn 2017, Secretary of the Interior Ryan Zinke issued a new order lifting the previous administration’s 2016 Jewell Order that had placed a moratorium on mineral leases until a programmatic EIS was completed. The new order repealed the moratorium, cancelled the programmatic EIS, and instructed the BLM to expedite new mineral lease applications. Several plaintiffs challenged Zinke’s order, and the United States District Court for the District of Montana ruled that it was a major federal action that triggered NEPA analysis and that the agency acted arbitrarily and capriciously when it issued the order without any environmental review
\u3cem\u3eMontana Envtl Info. Ctr. v. Montana Dept. of Envtl Quality\u3c/em\u3e: Stream Classification and Water Quality
Full text linkThis case presents the following issues: 1) whether the Montana Department of Environmental Quality (MDEQ) acted unlawfully when it allowed a strip mine to renew its permit with far lower pollution control requirements by recognizing receiving waters as ephemeral streams; and 2) whether the monitoring program MDEQ did require was too lenient and not representative of the total discharges. This appeal presents an opportunity to clarify MDEQ powers and has ramifications sounding in both agency powers and potential environmental quality consequences for Montana’s waters and mining industry