Law Commons^™

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Michigan Law Review First Impressions

The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …

The Durability Of Private Claims To Public Property, Bruce R. Huber

Bruce R Huber

Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …

Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels

22 slides

Onshore Oil And Gas Regimes In Atlantic Canada:, Michael P. Simms, Carole Chan

Dalhousie Law Journal

The focus ofoiland gas development in the Atlantic region has for many years been on the offshore areas. However, there is active exploration and some production onshore, and it is likely that interest and investment will increase in this sector in coming years. This paper considers the legislative regimes for onshore oil and gas development in the Atlantic provinces-including tenure arrangements, surface access issues, operational regulation, pooling and unitization provisions, royalties and abandonment and liability-with comparisons to schemes applicable in western Canada. The existing legislative regimes in the Atlantic region date back many years, and are likely to be the …

Deepwater Horizon: Lessons For The Offshore, Wiley Spicer

Dalhousie Law Journal

This paper reviews the regulatory framework governing offshore oil and gas operations on the continental shelf. Offshore exploration comprises both marine and industrial elements, regulated through a complex web of national (coastal state) regulation and international conventions, the latter primarily directed towards the marine aspects of operations. Following the Deepwater Horizon disaster of 2010, the adequacy of current regulatory approaches came under increased scrutiny It is argued in this paper that the growing complexity of the industry, coupled with increasing activity in deepwater and Arctic environments, requires development of a more robust system of international regulation.

Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Stanley Dempsey, Chairman, Royal Gold

17 slides

The Durability Of Private Claims To Public Property, Bruce R. Huber

Journal Articles

Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …