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Articles 1 - 4 of 4
Full-Text Articles in Law
Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing, Alexis K. Désiré
Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing, Alexis K. Désiré
Seattle Journal of Technology, Environmental & Innovation Law
Imagine that during the course of hydraulically fracturing a tract of land—a process used to extract gas from low-permeability rock formations —a drilling company causes fractures, as well as some of the materials necessary to the fracturing process, to cross the boundary of its property line and enter an adjoining property—that is, it makes a subsurface intrusion onto a neighbor’s property. Assume further that, because the company’s fractures have extended into the neighbor’s property, oil and gas from the neighboring land travels to the company’s wellbore, causing the neighbor to bring a tort action against the company for harms related …
Do We Own What We Post?: The Fundamental Property Right To Destroy Your Presence On The Internet, Olivia Shangrow
Do We Own What We Post?: The Fundamental Property Right To Destroy Your Presence On The Internet, Olivia Shangrow
Seattle University Law Review
This Note will explore the well-established right to destroy your own property and how such a fundamental right can and should be applied to our online property to develop more protective data privacy legislation. Part I highlights the longstanding pillar of property law establishing a right to destroy one’s property, and how that can and should be applied to your digital identity. Part II will discuss the ambiguity of personal data ownership online and the ill effects resulting from the lack of control of our personal information on the Internet. Part III examines the current state of data privacy legislation …
A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney
A Cost To Bear—Environmental Contamination And Eminent Domain, Evan C. Heaney
Seattle University Law Review
This Note advocates for Washington courts to adopt a system that universally allows evidence of environmental contamination on the private property taken in eminent domain proceedings. Part I of this Note discusses the history and progression of eminent domain and the broader constitutional roots of the Takings Clause. Part II explores Washington’s environmental remediation statute. Part III details the various approaches jurisdictions around the county have formulated to deal with this issue. Part IV argues Washington courts should adopt the inclusionary approach, which allows the introduction of environmental evidence in eminent domain proceedings.