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- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (17)
- Best Practices for Community and Environmental Protection (October 14) (12)
- Workshop on Directional Drilling in the Rocky Mountain Region (November 13) (7)
- Elisabeth Haub School of Law Faculty Publications (6)
- Scholarly Publications (6)
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- Air Quality Impacts from Oil and Gas Development (January 27) (5)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (5)
- Sturm College of Law: Faculty Scholarship (5)
- Drawing the Blueprint for a Sustainable Natural Gas Future (January 18) (4)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (4)
- Articles (3)
- Publications and Research (3)
- Articles in Law Reviews & Other Academic Journals (2)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (2)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (2)
- The Promise and Peril of Oil Shale Development (February 5) (2)
- Elisabeth Haub School of Law Student Publications (1)
- GGU Law Review Blog (1)
- Law Faculty Research Publications (1)
- Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28) (1)
- Publications (1)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (1)
- Vanderbilt Law School Faculty Publications (1)
- Water, Oil and Gas 101 (April 10) (1)
- Water, Oil and Gas: Recycling and Reuse of Water (June 11) (1)
Articles 1 - 30 of 94
Full-Text Articles in Law
Fracking The Public Trust, Kevin J. Lynch
Fracking The Public Trust, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
Climate change presents an ever more urgent threat, and earlier in 2019, atmospheric carbon dioxide levels reached an all time high for recorded history. Current federal and state policies promoting fossil fuel extraction mean that future governments will have to look very seriously at leaving fossil fuels in the ground, if our society wants to have any hope of avoiding catastrophic climate change.
One of the biggest obstacles to leaving fossil fuels in the ground is the threat of massive takings liability for any government that dares to slow or prevent the extraction of fossil fuels. This has been particularly …
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Elisabeth Haub School of Law Faculty Publications
Perhaps it is their role in our survival, or our economic growth, or the environment. Whatever the reason, energy and natural resource conflicts seems to be unique in the way they can drive significant doctrinal change even outside of energy and natural resource law. Pennsylvania has been a fountainhead of these conflicts. In 1921, Pennsylvania’s Kohler Act and lesser known Fowler Act, which sought to protect surface owners from anthracite coal mine subsidence and to increase tax revenue from anthracite mining, ignited the legal wrangling that eventually led to Pennsylvania Coal Co. v. Mahon. That U.S. Supreme Court decision transformed …
A Fracking Mess: Just Compensation For Regulatory Takings Of Oil And Gas Property Rights, Kevin J. Lynch
A Fracking Mess: Just Compensation For Regulatory Takings Of Oil And Gas Property Rights, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
As the Trump administration tries to roll back federal regulations on the oil and gas industry, constituents depend on state and local governments for protection from the worst impacts of industrial-scale fracking. Yet as the debate about proper regulation of the oil and gas industry continues, the specter of potential takings liability looms over the public discourse. Such liability is premised on the idea that government regulation of fracking might constitute a taking of private property that requires payment of just compensation — that is, the amount of money that should be paid to owners if indeed there is a …
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Exploiting Conservation Lands: Can Hydrofracking Be Consistent With Conservation Easements, Jessica Owley, Collin Doane
Articles
No abstract provided.
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon
Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon
Elisabeth Haub School of Law Faculty Publications
Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto
Elisabeth Haub School of Law Faculty Publications
As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.
On this premise, this Article seeks to make the case for the importance of, and …
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto
Articles
As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.
On this premise, this Article seeks to make the case for the importance of, and …
Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman
Oil & Gas Drilling In National Parks, Elizabeth Ann Glass Geltman
Publications and Research
While a great deal of public attention addresses the Halliburton loophole of the Energy Policy Act of 2005 and Bureau of Land Management efforts to regulate hydraulic fracturing on public lands, less attention has been paid to the National Park Service “9B Regulations,” which provide a national regulatory framework governing the exercise of nonfederal oil and gas rights in national parks. This article begins with a review of law pertaining to oil and gas drilling in national parks. The article examines the tension in striking a balance between environmental protection, conservation of national lands and achieving energy independence, including National …
Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman
Drilling For Common Ground: How Public Opinion Tracks Experts In The Debate Over Federal Regulation Of Shale Oil & Gas Extraction, Elizabeth Ann Glass Geltman
Publications and Research
Public interest in environmental and health impacts from shale oil and gas extraction (what the public calls “fracking”) is growing. Industry claims the public outcry against the new technology is not grounded in science. In February 2013, Resources for the Future (“RFF”) published a list of high priority “risk pathways” that experts from NGOs, academia, government, and industry all agreed were real concerns about fracking. This article used the risk matrix to evaluate whether public comments in dockets of federal agencies that proposed regulation concerning hydraulic fracturing tracked expert concern. The article found that the public tracked many of the …
Regulation Of Fracking Is Not A Taking Of Private Property, Kevin Lynch
Regulation Of Fracking Is Not A Taking Of Private Property, Kevin Lynch
Sturm College of Law: Faculty Scholarship
As the use of fracking has spread during the recent oil and gas boom, inevitable conflicts have arisen between industry and its neighbors, particularly as fracking has moved into densely populated urban and suburban areas. Concerned over the impacts of fracking – such as risks to health and safely, diminished property values, air and water pollution, as well as noise, traffic, and other annoyances – many people have demanded a government response.
Government regulation of fracking has struggled to catch up, although in recent years many state and local governments have taken steps to reduce the impacts of fracking in …
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, K. K. Duvivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, Amelia Schlusser
Transmission And Transport Of Energy In The Western U.S. And Canada: A Law And Policy Road Map, K. K. Duvivier, Nate Larsen, Nick Lawton, Sam Kalen, Stephen R. Miller, Melissa Powers, Tara Kathleen Righetti, Troy A. Rule, Amelia Schlusser
Sturm College of Law: Faculty Scholarship
This collection of short essays arose from the inaugural meeting of the Idaho Symposium on Energy in the West, which was held in November, 2014. The topic for this first Symposium was Transmission and Transport of Energy in the Western U.S. and Canada: A Law and Policy Road Map. The essays in this collection provide a notable introduction to the major energy issues facing the West today. Topics include: building a resilient legal architecture for western energy production; natural gas flaring; transmission planning for wind energy; utilities and rooftop solar; special considerations for western states and the Clean Power Plan; …
Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace
Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace
Publications
The advent of horizontal oil and gas drilling into relatively impermeable shale rock, and the companion technological breakthrough of high-pressure, multi-stage fracking that frees hydrocarbons along the substantial length of these horizontal wells, has fundamentally altered the oil and gas industry. The Energy Information Administration has gone so far as to predict that North America could become a net energy exporter as early as 2019, largely as a result of the explosive growth of this “unconventional” oil and gas development. Despite its promise, managing unconventional oil and gas development has proved challenging, and many of the communities that find themselves …
Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman
Impact Of Executive Order 13211 On Environmental Regulation: An Empirical Study, Elizabeth Ann Glass Geltman
Publications and Research
A great deal has been written about the Energy Policy Act of 2005 exempting oil and gas operations using hydraulic fracturing from the purview of certain federal environmental laws. Far less attention has been paid to George W. Bush’s Executive Order 13211 (EO 13211), entitled “Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution or Use.” The executive order requires federal agencies to evaluate the impact of federal regulations on “supply, distribution and use of energy.” This study examined the impact of EO 13211 on United States environmental and conservation regulations proposed and promulgated by federal agencies. The study found …
Fracking, Federalism, And Private Governance, Amanda Leiter
Fracking, Federalism, And Private Governance, Amanda Leiter
Articles in Law Reviews & Other Academic Journals
The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency.
Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and …
Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher
Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
In one of the most anxiously awaited New York land use decisions in recent memory, the State’s highest court held that local governments have the power to regulate hydrofracking under their authority to enact zoning ordinances. Both the Towns of Dryden and Middlefield enacted zoning laws that entirely banned gas drilling and associated activities within their borders. The plaintiffs, a private gas company in one case and a private property owner in the other, claimed that a supersession clause in the State Oil, Gas, and Solution Mining Law (OGSML) preempted local authority. After reviewing the plain language of the OGSML, …
Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel
Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Bruce Baizel, Chair, STRONGER Board
17 slides
Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler
Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Cindy Beeler, U.S. Environmental Protection Agency, Denver, CO
10 slides
Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate
Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: John L. Adgate, PhD, MSPH, Professor and Chair, Department of Environmental and Occupational Health, University of Colorado
19 slides
Slides: Colorado Home Rule And Fracking, Richard Collins
Slides: Colorado Home Rule And Fracking, Richard Collins
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Richard Collins, University of Colorado Law School
33 slides
Slides: Exploring New Frameworks Of Regulation: Negotiating Model Regulations, Mark K. Boling
Slides: Exploring New Frameworks Of Regulation: Negotiating Model Regulations, Mark K. Boling
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Mark K. Boling, President, Southwestern Energy
13 slides
Slides: The Efd Program: Addressing Environmental Issues And Increasing Environmental Awareness, Richard Haut
Slides: The Efd Program: Addressing Environmental Issues And Increasing Environmental Awareness, Richard Haut
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Rich Haut, Houston Advanced Research Center
8 slides
Agenda: Water And Air Quality Issues In Oil And Gas Development: The Evolving Framework Of Regulation And Management, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
Agenda: Water And Air Quality Issues In Oil And Gas Development: The Evolving Framework Of Regulation And Management, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
This Conference is presented by the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment, in conjunction with the Air-Water-Gas Sustainability Research Network. Technological advances for extracting oil and gas from shale deposits have ushered in a new era of energy development in key resource-rich pockets throughout the US. In this event, we review the ongoing efforts of governments and industry to develop the regulatory and management practices necessary to protect water and air resources, drawing on the latest scientific research to tackle areas of uncertainty and to inform future action.
Slides: Framing The Discussion: Issues Of Uncertainty, Terminology, And Sensitivity, Patty Limerick
Slides: Framing The Discussion: Issues Of Uncertainty, Terminology, And Sensitivity, Patty Limerick
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Patty Limerick, University of Colorado
22 slides
Slides: What We Know (And Don’T Know) About The Effects Of Oil And Gas Development On Water Quality, Joseph N. Ryan
Slides: What We Know (And Don’T Know) About The Effects Of Oil And Gas Development On Water Quality, Joseph N. Ryan
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Prof. Joe Ryan, University of Colorado Boulder, Environmental Engineering, AirWaterGas Sustainability Research Network, www.airwatergas.org
28 slides
Slides: Industry Growth And Change, Stuart Ellsworth
Slides: Industry Growth And Change, Stuart Ellsworth
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Stuart Ellsworth, P.E., Engineering Manager, Colorado Oil & Gas Conservation Commission
33 slides
Slides: Experience On The Ground, Part Two: Water Use In The Marcellus, Susan Packard Legros
Slides: Experience On The Ground, Part Two: Water Use In The Marcellus, Susan Packard Legros
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Susan Packard LeGros, President & Executive Director, Center for Sustainable Shale Development (CSSD)
16 slides
Slides: Produced Water – Beneficial Reuse, Cabell Hodge
Slides: Produced Water – Beneficial Reuse, Cabell Hodge
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Cabell Hodge, Policy, Regulation, and Emerging Markets Manager, Colorado Energy Office
12 slides
Slides: Groundwater Protection Council, Steven P. Musick
Slides: Groundwater Protection Council, Steven P. Musick
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Steven P. Musick, P.G., Groundwater Protection Council
11 slides
Slides: Propublica Coverage Pavillion, Wy, Abrahm Lustgarten
Slides: Propublica Coverage Pavillion, Wy, Abrahm Lustgarten
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Abrahm Lustgarten, ProPublica
19 slides
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Slides: Oil, Gas And Water: Addressing Water Quantity And Quality Concerns, Laura Belanger
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Laura Belanger, P.E., Water Resources Engineer, Western Resource Advocates
14 slides