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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 …

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

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

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

• Oil and Gas Leases
• Surface Use Agreements (SUAs)
• Government’s Role in Authorizing Locations for Oil and Gas Development
• Technical Aspects of Nontributary and Produced Nontributary Ground Water
• Produced Nontributary Ground …

Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp

Water, Oil and Gas 101 (April 10)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.

The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …

Anadarko Petroleum Corp. V. Thompson: Interpretation Of Oil And Gas Lease Habendum Clauses In Texas And Why Oklahoma Should Maintain Its Divergent Approach To Keep Leases Alive, Ashleigh L. Boggs

Oklahoma Law Review

No abstract provided.

Well, Now, Ain't That Just Fugacious!: A Basic Primer On Arkansas Oil And Gas Law, Thomas A. Daily, W. Christopher Barrier

University of Arkansas at Little Rock Law Review

This brief introduction about oil and gas law in Arkansas is intended to help lawyers to better serve their clients and to explore the most important issues and concepts of a complex area of the law. This introduction into oil and gas involves the following: unfamiliar definitions; familiar words that are peculiar to this area of the law; new legal doctrines that are also peculiar to this area of the law; practice pointers in conveyance and estate planning in which involve mineral rights; discussions of tax forfeitures; adverse possession and surface rights, as they relate to these rights a blueprint …

The Legacy Of The Bush Ii Administration In Natural Resources: A Work In Progress, David H. Getches

Publications

No abstract provided.

Take-Or-Pay Royalties, The Trust Doctrine, And The Shoshone Case, Christopher S. Kulander

American Indian Law Review

No abstract provided.

Determining The Legal Ramifications Of Express Oil And Gas Lease Provisions: Do The Rules Of Document Interpretation Provide Predictability?, Laura H. Burney

Faculty CLE

The oil and gas lease has served as the basic contract for the petroleum industry since 1853. Throughout the decades, the “typical” oil and gas lease clauses have been developed and revised in response to judicial decisions. To provide an update on the evolution of today’s oil and gas lease, it is necessary to review selected court decisions construing lease clauses.

Theoretically, the rules of document interpretation should provide a reliable guide when courts are asked to determine the legal ramifications of express lease provisions. However, review of relevant cases, including recent decisions and older cases providing unique lessons about …

Hydraulic Fracturing: Stimulating Your Well Or Trespassing?, Laura H. Burney

Faculty CLE

Many courts may determine hydraulic fracturing to be an impermissible trespass. Hydraulic fracturing is a common method used to increase production from oil and gas wells. However, the extent of wellbore fractures can only be determined by theoretical calculations. This reality affects the application of the legal doctrines of the rule of capture, common law trespass, and implied covenants in the oil and gas lease. When these controversies reach the court, a traditional policy conflict is also at play: whether to protect property rights or to encourage oil and gas production.

Without express legislative endorsement of fracturing as promoting valuable …

Natural Resources Policy And Law: Trends And Directions, Lawrence J. Macdonnell, Sarah F. Bates

Books, Reports, and Studies

This digital resource contains only an abstract, cover image and table of contents information from the published book.

Print copy of book is available in the University of Colorado’s Wise Law Library: http://lawpac.colorado.edu/record=b143382~S0

Contents: Rethinking resources : reflections on a new generation of natural resources law and policy / Lawrence J. MacDonnell, Sarah F. Bates -- Natural resources law : an historical perspective / Clyde O. Martz -- Trends in public land law : (a title the inaccuracy of which should become manifest) / George Cameron Coggins -- Mineral law in the United States : a study in legal change …

The Case For A Texas Compulsory Unitization Statute., Paula C. Murray, Frank B. Cross

St. Mary's Law Journal

Compulsory unitization of oil and natural gas reservoirs would substantially enhance the welfare of the United States and of Texas in particular. The present regulated free market for oil production produces both inefficiencies and inequities. Consequentially, oil exploration is discouraged, oil production is unnecessarily costly and wasteful, and the private distribution of oil revenues can be arbitrarily unfair. Compulsory unitization would remedy many of these shortcomings which result from extant structures. Unitization means the cooperative development of an entire reservoir of oil or gas. Compulsory unitization in most states also contains a variety of substantive and procedural prerequisites to unitization …

Oil And Gas Law: Hull V. Sun Refining And Marketing Company: Are Division Orders A Condition Precedent To Payment Or Merely An Oppressive Condition?, Michael P. Royal

Oklahoma Law Review

No abstract provided.

Cases And Materials On The Law Of Oil And Gas, Robert T. Donley

West Virginia Law Review

No abstract provided.