Dedicated to Law, Policy, and Scholarship since 1980
One of the nation's oldest law reviews focused on public lands, natural resources, and Indian law, the Public Land & Resources Law Review is student-edited and based at the University of Montana's Alexander Blewett III School of Law.
Our publications, online journal, and signature events — including the biennial Public Land Law Conference and Jestrab Lecture on Water — connect students, scholars, and practitioners around the legal issues shaping the American West and beyond.
The Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. marks the Ninth
Circuit’s second time considering the Willow Project, which plans to drill oil
in Alaska. Environmental plaintiffs brought a series of claims under NEPA, the
Reserves Act, ANILCA, and the ESA to stop or stall the Project. Plaintiffs
focused on the BLM’s use of a “full field development standard” in assessing
alternatives to the Project. Despite the range of claims, the Ninth Circuit
allowed the Project to move forward, but on remand required the BLM to explain
its reasoning for departing from the full field development standard in the 2023
Record of Decision.
The National Environmental Policy Act of 1969 is a landmark in United States
environmental law. For more than half a century, under its authority, all
federal agencies contemplating proposed actions that pose significant
environmental impacts have incorporated an analysis of those impacts into their
decisions. These analyses provided an avenue for opponents to challenge an
agency’s final decision in federal court. Earlier this year, the Supreme Court
issued a “course correction” to rein in the disparate approaches that the lower
courts had applied to cases challenging federal agency decisions on NEPA
grounds. The unambiguous guidance the Court lays out for lower courts to follow
when hearing such challenges streamlines the approval process for federal
projects while promising to limit the success of challenges to those projects on
NEPA-based grounds.