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H.J.R. 26 and Utah’s breach of fiduciary duty to the children of Utah

Apr 29, 2024

This post is an excerpt from a larger work-in-progress examining the history of the administration of Utah’s trust lands and the contexts in which that administration has been legitimately advanced and at other times impaired by non-trust considerations.

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A legal analysis of the Public Lands Rule

Apr 19, 2024

On April 18, 2024, the Bureau of Land Management finalized the Conservation and Landscape Health Rule, a long-awaited rule more commonly referred to as the Public Lands Rule. The purpose of this rule is to advance the BLM’s stewardship mission by focusing on the health and resilience of ecosystems across public lands managed for multiple use and sustained yield.

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Great Salt Lake legislative update: Feb. 27, 2024

Feb 27, 2024

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake.

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Great Salt Lake legislative update: Feb. 22, 2024

Feb 23, 2024

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake.

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Great Salt Lake legislative update: Feb. 15, 2024

Feb 16, 2024

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake.

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Great Salt Lake legislative update: Feb. 8, 2024

Feb 08, 2024

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake.

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Great Salt Lake legislative update: Feb. 1, 2024

Jan 31, 2024

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake.

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Great Salt Lake legislative update: Jan. 25, 2024

Jan 25, 2024

In each week’s report, we will identify the most impactful bills (favorable or unfavorable) that could significantly affect Great Salt Lake.

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Great Salt Lake legislative update: Jan. 18, 2024

Jan 19, 2024

A key focus of the Great Salt Lake Project is the Great Salt Lake Policy Accelerator, which encourages policymakers to prioritize and accelerate law and policy to effectuate the meaningful change the lake so desperately needs. This short legislative and policy update will be provided on a weekly basis during the Utah legislative session.

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Correlativity of rights and duties: Why should I care? (Part 1)

Dec 27, 2023

This post introduces correlativity by addressing the “why” and “how” of the disappearance of correlativity as a fundamental jural concept, while the libertarian, as well as the law and economics and schools of jurisprudence, have gained predominance.

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The Bureau of Land Management’s Changing Landscape

Nov 09, 2023

In 2003, Bruce Babbitt, former Secretary of the Interior, observed, “The day is coming, I believe, when the Bureau of Land Management (BLM), so often dismissed as the Bureau of Livestock and Mining, will be better known as the Bureau of Landscapes and Monuments.”[1] Twenty years later, it is still uncertain whether Babbit’s statement was prescient or aspirational. However, the BLM appears poised to take a meaningful step toward the latter moniker.

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Sympathy alone cannot close the water gap in Indian Country

Sep 28, 2023

Yesterday the Senate Committee on Indian Affairs held an oversight hearing on tribal access to water—a neglected issue that is increasingly recognized but still unaddressed. […]

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Determining the reasonableness of permitting timeframes: Lessons from the Canadian criminal justice system

Aug 28, 2023

It has been almost a year since Senator Manchin thrust the phrase “permit reform” onto center stage, arguing that the permitting process for energy projects […]

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A permanent homeland for the Navajo Nation requires access to water

Aug 03, 2023

Born on the Navajo Nation reservation, it was several years before I became aware of the stark difference in resources available on the reservation versus […]

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Conservation Has Always Been a Part of the Bureau of Land Management’s Multiple Use Mandate

Jul 21, 2023

Current Conditions on Public Lands Justify the BLM’s Proposed Conservation and Landscape Health Rule On April 3, 2023, the Bureau of Land Management proposed new […]

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Responding to questions for the record

Jun 14, 2023

Ideally, congressional hearings provide a forum for lawmakers to gather information, learn more about specific issues, and make informed decisions. After the hearing concludes, committee […]

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Testifying Before Congress on Evidence-Based Recommendations for Permit Reform

Jun 05, 2023

The Law and Policy Program aims to produce actionable, pragmatic research on emerging legal issues to facilitate sound governmental decisionmaking that protects the environment and […]

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Applying Lessons from the Deepwater Horizon Oil Spill to Permit Reform

Apr 21, 2023

Thirteen years ago, on April 20, 2010, an explosion tore through BP’s Deepwater Horizon drilling rig, killing eleven people and spewing over four million barrels […]

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Stegner Research Professors File Amicus Brief Supporting Water Access for the Navajo Nation

Mar 22, 2023

“For the Navajo people, tó éí iiná até, water is life.” –Amicus Brief of DigDeep Right to Water Project and Utah Tribal Relief Foundation   […]

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The Tension Between Speed and Safety

Mar 15, 2023

On Tuesday, March 21, 2023, the Roosevelt Institute will host a one-day in-person conversation about permit reform in Washington D.C. Common conversations about permit reform […]

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The Cost of Denial About Carbon Capture and Sequestration

Feb 23, 2023

Carbon capture and sequestration is the latest rage, but is it worth the hype?  In Chasing Squirrels in the Energy Transition, Environmental Law, Vol. 52 […]

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