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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) (16)
- 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)
- Air Quality Impacts from Oil and Gas Development (January 27) (5)
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- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (5)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (5)
- Drawing the Blueprint for a Sustainable Natural Gas Future (January 18) (4)
- Joshua P Fershee (4)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (4)
- Sturm College of Law: Faculty Scholarship (4)
- Articles (3)
- Public Land & Resources Law Review (3)
- Publications (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)
- Monika U. Ehrman (2)
- The Promise and Peril of Oil Shale Development (February 5) (2)
- American Indian Law Review (1)
- American University Journal of Gender, Social Policy & the Law (1)
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Articles 31 - 60 of 119
Full-Text Articles in Law
Hydraulic Fracturing: Can Local Governments Authorities Regulate Fracking In Nigeria?, Oluwaseun Viyon Ojo, Olumide Obayemi
Hydraulic Fracturing: Can Local Governments Authorities Regulate Fracking In Nigeria?, Oluwaseun Viyon Ojo, Olumide Obayemi
Oluwaseun Viyon Ojo
If, and when Nigeria adopts unconventional oil extraction methods such as hydraulic fracturing (“fracking”) system as a means of oil extraction in Nigeria, all stakeholders must resolve the following questions: What measures of legal and institutional regulations should Nigerian stakeholders adopt? How the environmental and economic impacts of fracking be adequately measured and assessed in Nigeria? Will the adoption of fracking methods in oil extraction activities in Nigeria make oil exploration safer? And, whether the proposed Nigerian Petroleum Industry Bill (“PIB”) which aims to comprehensively regulate the Nigerian Oil and Gas sector, contains sufficient provisions to cover fracking? Finally, how …
How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee
How Local Is Local?: A Response To Professor David B. Spence's The Political Economy Of Local Vetoes, Joshua P. Fershee
Joshua P Fershee
Professor Fershee responds to Professor David B. Spence’s article about local hydraulic fracturing bans: The Political Economy of Local Vetoes, 93 Texas L. Rev. 351 (2015). Professor Spence notes that the shale oil and gas debate provides an example of “an age-old political problem that the law is called upon to solve: the conflict between an intensely held minority viewpoint and a less intense, contrary view held by the majority.” In resolving such conflicts, Spence suggests that courts should resolve such “conflicts in ways that encourage states and local governments to regulate in ways that weigh both the costs and …
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 …
Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump
Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump
American University Journal of Gender, Social Policy & the Law
The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …
Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver
Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
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 …
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: 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
2014 Martz Summer Conference Poster Session, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. Airwatergas Sustainability Research Network
2014 Martz Summer Conference Poster Session, 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)
1 page.
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: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
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 E. Schwartz, Crowell & Moring LLP
38 slides
Sins Of The Father, K.K. Duvivier
Sins Of The Father, K.K. Duvivier
Sturm College of Law: Faculty Scholarship
Are the sins of previous generations of energy development, such as with oil and gas, being visited on the newest forms of energy? That is the question this article attempts to address. Specifically, this article will focus on the problems created by the severance of the mineral estate from the surface and the related dominant mineral–servient surface estate doctrine. Hydrofracturing or “fracking” for oil and natural gas has placed the problems of split estates in the spotlight more than they been in generations. People have been shocked to find drill rigs in their backyards, school playgrounds, and parks. They have …
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
Joshua P Fershee
Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic fracturing for shale gas. To limit local government restrictions on gas drilling, the Pennsylvania legislature passed Act 13 in September 2012, and the Act largely eliminated the ability of local governments to restrict oil and gas operations through zoning. The Pennsylvania Supreme Court overturned Act 13 in December 2013.
This Article reviews how Act 13 came to be, highlights the key provisions of …
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.
This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Fracking As A Federalism Case Study, Amanda Leiter
Fracking As A Federalism Case Study, Amanda Leiter
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Hupp V. Beck Energy Corp.: The Future Of Oil And Natural Gas Development In Ohio, Ben Westbrook
Hupp V. Beck Energy Corp.: The Future Of Oil And Natural Gas Development In Ohio, Ben Westbrook
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher
Elisabeth Haub School of Law Faculty Publications
This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.