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Articles 1 - 30 of 350
Full-Text Articles in Entire DC Network
Ad Coelum And The Design Of Property Rights, Joseph A. Schremmer
Ad Coelum And The Design Of Property Rights, Joseph A. Schremmer
Faculty Scholarship
This Article seizes on a specific doctrinal discussion in Eric Claeys’s Natural Property Rights to argue for the importance of understanding property doctrines in the context of a system of interconnecting rules and standards and not in isolation. The ad coelum doctrine provides that land ownership entails ownership of the suprajacent airspace as well as the underlying subsurface. As Claeys’s discussion highlights, scholars disagree about the significance of ad coelum both conceptually, as to what function the rule serves in defining and allocating property, and normatively. It is only by viewing ad coelum in the context of how it interacts …
Oil’S Well That Ends Well—An Application For A New Mexico-Texas Transboundary Well And Its Implications, Molly Samsell
Oil’S Well That Ends Well—An Application For A New Mexico-Texas Transboundary Well And Its Implications, Molly Samsell
New Mexico Law Review
Oil and gas frequently cross jurisdictional lines—such as those between counties or states—creating a complex commingling of state, local, and private interests left to the states to resolve independently through statutes and regulations. Historically, the federal government’s regulation of oil and gas was limited to leasing operations on federal and Indian lands, interstate transmission related to commerce, natural gas rates, emergencies related to war, imports, oil pricing, regulation of antitrust issues, allocation of manufacturing, and federal taxation. States retain all other powers, such as policing and imposition of taxes. State administrative processes only address local issues, while multistate correlative rights …
A Unifying Doctrine Of Subsurface Property Rights, Joseph A. Schremmer
A Unifying Doctrine Of Subsurface Property Rights, Joseph A. Schremmer
Faculty Scholarship
This Article advances the “fair opportunity doctrine,” a theory of subsurface property rights that systematizes the case law in this confused area using formal legal reasoning. This theory offers a jurisprudential approach to analyzing private law that can then be applied to the field of subsurface property. This approach emphasizes the law’s role in providing ex ante guidance to members of a community in ordering their affairs and interactions with others and the importance of coherence in that function. On this basis, the “fair opportunity doctrine” improves substantially on the current state of subsurface property law and demonstrates the potential …
When Engineering Solutions Cause Legal Problems: The Developing Field Of Reservoir Rights And Liabilities, Joseph A. Schremmer
When Engineering Solutions Cause Legal Problems: The Developing Field Of Reservoir Rights And Liabilities, Joseph A. Schremmer
Faculty Scholarship
For well over a decade, the pages of this Quarterly have undoubtedly been filled with discussions of cutting-edge drilling and completion technologies. This article discusses some of the problems that all these engineering solutions have caused for the law of oil and gas. It begins in Part II with a brief outline of how the law slowly develops through the common law process and illustrates how that process responds, also slowly, to rapid technological and social changes, like the unconventional hydrocarbon revolution. Part III then surveys how courts have begun to reform the legal rights and remedies in common reservoirs …
Brief For The National Stripper Well Association As Amicus Curiae, L. Ruth Fawcett Tr. V. Oil Producers, Inc. Of Kansas, Joseph A. Schremmer, Charles C. Steincamp
Brief For The National Stripper Well Association As Amicus Curiae, L. Ruth Fawcett Tr. V. Oil Producers, Inc. Of Kansas, Joseph A. Schremmer, Charles C. Steincamp
Faculty Scholarship
In its briefings, the Class in this appeal, in spite of the evidence, evokes the myth of a great conspiracy between operators and marketers, and it advances a theory that threatens impermissible economic and underground waste of natural gas resources. The language of the parties' oil and gas leases, on the other hand, sets up bargained-for arrangement that enables the parties to share in the benefits of stripper gas production and promotes conservation of the state's natural gas reserves.
Crystal Gazing: Foretelling The Next Decade In Oil And Gas Law, Joseph A. Schremmer
Crystal Gazing: Foretelling The Next Decade In Oil And Gas Law, Joseph A. Schremmer
Faculty Scholarship
This chapter attempts to predict the major issues oil and gas law will encounter in the 2020s. Yet even before the first draft could be completed, the industry landscape changed unexpectedly. As this chapter goes to press, the global and domestic economies are just starting to emerge from a sharp downturn brought on by the outbreak of COVID-19. Oil and natural gas prices collapsed to levels not seen in decades. Against this unforeseen backdrop, the legal changes facing oil and gas development in the United States look somewhat different. But one element of our new reality is consistent with this …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer
The Long View Of The Water/Energy Nexus: Hydropower’S First Century In The U.S.A., Carl J. Bauer
Natural Resources Journal
This paper offers a historical overview of the first century of hydropower in the US from today’s perspective of the water/energy nexus. Hydropower emerged as a technology in the 1880s and its development expanded until large dam building ended in the US in the 1970s-1980s. I summarize the century from the two different angles of the water sector and the electric power sector, as the roles and strategic importance of hydropower changed dramatically in the two sectors, in the parallel histories of water development and electric power development. The paper emphasizes the electricity side of the hydropower story because the …
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
The Hns Convention: Will It Be A Game Changer For China’S Marine Pollution Law?, Ruixuan Zhuo
Natural Resources Journal
This article analyzes the international convention governing marine pollution caused by the shipment of hazardous and noxious substances (“HNS”). It also discusses China’s domestic laws and regulations of HNS marine pollution liability comparing the Chinese approach with norms under the HNS Convention. The author argues that China faces severe HNS pollution issues and proposes solutions to HNS liability and compensation problems.
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez
Legal Rights For Rivers: Competition, Collaboration And Water Governance By Erin O’Donnell (Routledge, 202 Pages; 2019), Ariel Macmillan-Sanchez
Natural Resources Journal
No abstract provided.
Symposium Letter, Ariel Macmillan-Sanchez
Acknowledgement, Melanie Mcnett, Julia Shaver
Acknowledgement, Melanie Mcnett, Julia Shaver
Natural Resources Journal
No abstract provided.
Climate Perspectives Across The Generations, Dan Farber
Climate Perspectives Across The Generations, Dan Farber
Natural Resources Journal
Climate change is a multi-generational problem, but it does not impact all generations in the same way. Correspondingly, older Americans and younger ones differ greatly in how they perceive the issue and how they respond. The wave of youth activism epitomized by Greta Thunburg is on one side of this generation gap. Donald Trump’s climate skepticism is on the other. We’re talking about large groups of people, so there is a range of attitudes on both sides, but these two individuals represent the generational differences in dramatic form. My goal today is to explore these generational differences. I want to …
A Road Map To Restoring Rivers: How The Klamath Basin Restoration Agreement Might Influence Future Dam Removal And River Restoration Projects, James C. Ish
Natural Resources Journal
Throughout the United States dams are approaching the terminus of their original licensing periods and are undergoing re-licensing by the Federal Energy Regulatory Commission. This period of review has prompted extensive studies in these basins to determine the cost-benefits associated with keeping these dams, versus removing and restoring the natural ecosystems that are currently inundated. In situations where a dam is deemed to be no longer economically relevant, and/or a detriment to endangered species or their critical habitat, an agreement for removal and restoration is often proposed as the next step in the management of that basin’s water resources. However, …
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Creating Social Change Through Art: The Greater Chaco Art Zines, Jeanette Hart-Mann, Asha Canalos
Natural Resources Journal
This interview with Jeanette Hart-Mann and Asha Canalos took place on March 6, 2020 in Albuquerque, New Mexico. This interview was conducted in person and edited by Ariel MacMillan-Sanchez.4 Hart-Mann and Canalos explained the importance of the Greater Chaco Art Zines project, how it came to fruition, the issues of censorship that surround it, and their perspectives on generating meaningful change. Some of the art pieces discussed in this interview are published in this article. If you would like to get involved or wish to see more of the art pieces discussed in this interview please visit https://greaterchacoartzines.org/.
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer
Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer
Faculty Scholarship
Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracing). Property rights will need to continue adapting if they are to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort of trespass …
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner
Creating Contracts In A Vacuum: Space Mining And The Creation Of Future Contract Law, Kris Turner
Natural Resources Journal
Asteroid mining is set to be one of the most lucrative industries of the near future. With mineral value that dwarfs resources found on Earth, the race to locate and mine these precious minerals will soon begin in earnest. However, asteroid mining raises numerous legal questions, including how to create contracts for private mining companies to exploit the asteroids. Standard mining contracts provide a foundation for earthbound contracts, while mining in extreme environments such as Antarctica and the seabed provides further structure upon which parties interested in asteroid mining can begin building new contracts. These earthbound contracts also serve as …
River Of Lost Souls: The Science, Politics, And Greed Behind The Gold King Mine Disaster By Jonathan P. Thompson (Torrey House Press, 296 Pages; 2018), Sarah Mclain
Natural Resources Journal
“Oh. Shit.” These were the first words spoken when mine sludge carrying heavy metals began spewing out of the side of Level 7 portal of the Gold King Mine. On August 5, 2015, EPA staffers and contractors were working to start clearing out debris from the mine, and instead opened a hole on the side of an old mine tunnel which released three million gallons of water and sludge into the Animas River below. The sludge would travel downstream, passing the old mining community of Silverton, CO, continuing past Durango, CO, and eventually crossing state lines into New Mexico where …
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers
Creative Legal Approaches To Protect Youth’S Constitutional Rights In The Face Of Climate Change, Andrea Rodgers
Natural Resources Journal
This interview with Andrea Rodgers was produced through written responses to prompts from Ariel MacMillan-Sanchez in April 2020.
Introduction: What You Don't Know Does Protect You, Rebecca Roose
Introduction: What You Don't Know Does Protect You, Rebecca Roose
Natural Resources Journal
No abstract provided.
Introduction: Property In Ecology, Jonathan H. Adler
Introduction: Property In Ecology, Jonathan H. Adler
Natural Resources Journal
No abstract provided.
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa
Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa
Faculty Scholarship
On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what …
New Materialism: An Ontology For The Anthropocene, Melinda Harm Benson
New Materialism: An Ontology For The Anthropocene, Melinda Harm Benson
Natural Resources Journal
This article argues that the Anthropocene is not simply a new geologic epoch; it is an opportunity to embrace a new ontology. In it, we can reconfigure our orientation to the material world. The current, dominant ontology casts humans as villains responsible for mass extinctions, polluted oceans, and climate change. This ontology reinforces a familiar binary—one in which humans are separate from and doing things to nature. Humans are ruining the planet, causing it to fundamentally change in ways that are not “natural” precisely because humans are the agent of change. This view is perhaps best described by environmentalist Bill …
The Curious Policy Implications Of In Re Semcrude: Do Crude Oil Markets Need A Volcker Rule?, Joseph A. Schremmer
The Curious Policy Implications Of In Re Semcrude: Do Crude Oil Markets Need A Volcker Rule?, Joseph A. Schremmer
Faculty Scholarship
In the summer of 2008 the nation's largest and fastest growing midstream crude oil purchaser, SemCrude, declared bankruptcy. SemCrude's demise was not the result of a bear market but of its taste for risky options trading. The bankruptcy pitted the competing liens of thousands of unpaid oil and gas producers and royalty owners who sold their crude oil to SemCrude at the wellhead against those of SemCrude's lenders and the claims of downstream purchasers. The Bankruptcy Court for the Federal District of Delaware found none of the producers' lien rights to be perfected under applicable law and awarded priority to …
Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine
Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine
Faculty Scholarship
The joint operating agreement (JOA) in the oil and gas industry helps coordinate joint operation efforts that facilitate exploration and unitization of tracts, and conservation of a depleting resource. Professor Conine’s 1988 article expanded, limited, and defined the property interests of the parties both inside and outside the contract area. This article is an update to those prior works with greater emphasis on the 1989 Form JOA, cases and developments since its publication, and the implications of the revisions to the JOA in the new 2015 Form JOA published by the American Association of Professional Landmen (AAPL).
The purposes of …
Brief For The Kansas Independent Oil & Gas Association As Amicus Curiae, Joseph A. Schremmer
Brief For The Kansas Independent Oil & Gas Association As Amicus Curiae, Joseph A. Schremmer
Faculty Scholarship
Is the letter of the rule against perpetuities (the Rule) more important than its public policy? The Appellants in this case recklessly petition the Court to apply the Rule to a commonly used form of mineral reservation for the first time in the reservation’s nearly 100 years of use. They contend the Rule should apply even though it would cloud or nullify the property interests of countless unrepresented parties, spur a spate of litigation, remove a useful form of mineral ownership from commerce, and disrupt oil and gas development across Kansas—all in contravention of the Rule’s policy of making land …
New Mexico’S Renewable Portfolio Standard: Analysis Of Existing Policy Design Elements And Compliance Obligations Beyond 2020, Gabriel Pacyniak
New Mexico’S Renewable Portfolio Standard: Analysis Of Existing Policy Design Elements And Compliance Obligations Beyond 2020, Gabriel Pacyniak
Faculty Scholarship
This white paper analyzes two elements of New Mexico’s current Renewable Portfolio Standard (RPS) in advance of the state legislature’s consideration of an RPS expansion in the 2019 legislative session. First, the paper surveys key policy design elements of the current RPS, compares those elements to other state RPSs, and identifies “policy considerations” that may inform legislative or regulatory action. Among the findings from this part of the analysis are that: 1) other states have set much higher RPS targets; 2) that New Mexico’s RPS has uniquely restrictive cost-containment measures that limit cost impacts but also prohibit the full RPS …
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph A. Schremmer, Charles C. Steincamp
Imputing Regulatory Failures In Oil And Gas Licensing: A Discussion And Proposal, Joseph A. Schremmer, Charles C. Steincamp
Faculty Scholarship
This Article argues that the Commission's legitimate interest in enforcing its oil and gas regulations, especially including well-plugging regulations, does not justify absolute imputation of regulatory liability to third-party operators under Kan. Stat. Ann. § 55-155(c)(4). But, under certain circumstances, the state's interest may justify imputing personal liability on the individual constituents of a license applicant where the individual is culpable for the underlying regulatory violation or the applicant has a business connection with the operator primarily responsible for the violation, and the competing public policies of groundwater protection and limited liability justify the imputation. This Article proposes a procedural …
Making The Most Of Cooperative Federalism: What The Clean Power Plan Has Already Achieved, Gabriel Pacyniak
Making The Most Of Cooperative Federalism: What The Clean Power Plan Has Already Achieved, Gabriel Pacyniak
Faculty Scholarship
The fate of the EPA's Clean Power Plan-the signature Obama Administration action to reduce greenhouse gas ("GHG") emissions from existing power plants under the Clean Air Act-is uncertain at best given pending litigation and the opposition of President Donald Trump. Despite this uncertainty, the development of the Clean Power Plan provides an important case study of how rulemaking under a cooperative federalism statutory structure can prompt broad, beneficial policy engagement by states and stakeholders, even in a contentious regulatory action. In the development of the Clean Power Plan, active state and stakeholder engagement and an iterative process of "trying on" …
Reducing Transportation Emissions In The Northeast And Mid-Atlantic: Fuel System Considerations, Gabriel Pacyniak, Drew Veysey, James Bradbury
Reducing Transportation Emissions In The Northeast And Mid-Atlantic: Fuel System Considerations, Gabriel Pacyniak, Drew Veysey, James Bradbury
Faculty Scholarship
In support of states interested in learning more about market-based policy options, the Georgetown Climate Center developed Reducing Transportation Emissions in the Northeast and Mid-Atlantic: Fuel System Considerations to explore technical aspects of a possible regional cap-and-invest policy, as an illustrative example of a market-based approach to a multi-state transportation policy. The paper focuses on two subjects: which fuels might be covered under a policy, and which entities in the transportation fuel supply chain might be responsible for reducing emissions.
The recommendations made in this paper are intended to support robust market-based policies that provide flexibility and enable innovation while …