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- The Past, Present, and Future of Our Public Lands: Celebrating the 40th Anniversary of the Public Land Law Review Commission’s Report, One Third of the Nation’s Land (Martz Summer Conference, June 2-4) (17)
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- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (10)
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Articles 1 - 30 of 178
Full-Text Articles in Law
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Summary Of City Of Las Vegas V. Lawson, 126 Nev. Adv. Op. No. 52, Dan Hill
Nevada Supreme Court Summaries
District court’s denial to review administrative hearing affirmed because claimant’s condition satisfied the statutory requirements.
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Summary Of Personhood Nevada V. Bristol, 126 Nev. Adv. Op. No. 56, Ryan Henry
Nevada Supreme Court Summaries
The Court considered an appeal from a First Judicial District Court order that found a proposed initiative violated NRS 295.009’s single-subject rule and prohibited its placement on the 2010 general election ballot.
Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald
Summary Of Pyramid Lake Paiute Tribe V. State Engineer, 126 Nev. Adv. Op. No. 48, Sean W. Mcdonald
Nevada Supreme Court Summaries
No abstract provided.
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver
Elisabeth Haub School of Law Student Publications
Article XIV is probably the most controversial provision of the New York State Constitution adopted in 1894. The provision declares that State-owned land in the Adirondack and Catskill State Parks shall remain “forever wild.” Yet, implementation of this mandate by the State has varied since its inception; actions are dependent on the views and policies of regulating agency. The paper traces the history of Article XIV through judicial interpretation, Attorney General’s opinions, and implementation activities by the agency charged with its enforcement. The purpose of this paper is to prepare the policy-makers who will have a voice at the next …
The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh
The Visible Hand: Coordination Functions Of The Regulatory State, Robert B. Ahdieh
Faculty Scholarship
We live in a coordination economy. As one surveys the myriad challenges of modern social and economic life, an ever increasing proportion is defined not by the need to reconcile competing interests, but by the challenge of getting everyone on the same page. Conflict is not absent in these settings. It is not, however, the determinative factor in shaping our behaviors and resulting interactions. That essential ingredient, instead, is coordination.
Such coordination is commonly understood as the function of the market. As it turns out, however, optimal coordination will not always emerge, as if led “by an invisible hand.” Even …
Tilted Versus Reasonable Interpretation Of Tax Law, Steve R. Johnson
Tilted Versus Reasonable Interpretation Of Tax Law, Steve R. Johnson
Scholarly Publications
In part, Interpretation Matters is about the craft of advocacy, how statutory interpretation arguments can be effectively made – and effectively countered – in state and local tax cases. For example, when one’s opponent in such a case invokes one or another of the canons of construction, how is that canon to be blunted?
One strategy we often have explored is fighting fire with fire – that is, identifying and asserting another recognized canon that leads to an opposite conclusion. One of the most famous articles on statutory interpretation arrayed dozens of pairs of canons that seemingly contradict each other. …
Jettisoning Chevron, Linda Jellum
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
Product Life Cycle Theory And The Maturation Of The Internet, Christopher S. Yoo
All Faculty Scholarship
Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of the management literature on the product life cycle, dominant designs, technological trajectories and design hierarchies, and the role of complementary assets in determining industry structure. This analysis suggests that many of these business practices may represent nothing more than a reflection of how the nature of competition changes as industries mature. This in turn suggests that network neutrality …
Imperfect Principals And Lobbyist Agency Costs, Jack M. Beermann
Imperfect Principals And Lobbyist Agency Costs, Jack M. Beermann
Shorter Faculty Works
One of the secrets to scholarly success is picking interesting topics. It also helps if your analysis makes an interesting topic even more interesting. That’s exactly what Matthew Stephenson and Howell Jackson have done in their essay Lobbyists as Imperfect Agents: Implications for Public Policy in a Pluralist System, 47 Harv. J. Legis. 1 (2010). In this well-written and engaging essay, Stephenson and Jackson describe how principal-agent problems manifest themselves in the lobbying context and hypothesize on how these manifestations might affect public policy outcomes.
Wherever there are principals and agents, there are principal-agent problems, but the lobbying context …
Slides: A Working Model For Oil And Gas Produced Water Treatment, Lee Schafer
Slides: A Working Model For Oil And Gas Produced Water Treatment, Lee Schafer
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Lee Schafer, Integrity Production Services, Inc., for Anticline Disposal LLC
11 slides
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Kathryn Mutz, Natural Resources Law Center, University of Colorado at Boulder
21 slides
Slides: Drilling Waste, Blake Scott
Slides: Drilling Waste, Blake Scott
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Blake Scott, Scott Environmental Services, Inc.
24 slides
Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program
Agenda: Opportunities And Obstacles To Reducing The Environmental Footprint Of Natural Gas Development In The Uintah Basin, Utah State University. Bingham Entrepreneurship And Energy Research Center, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Houston Advanced Research Center. Environmentally Friendly Drilling Systems Program
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
A public workshop to discuss “Opportunities and Constraints to Reducing the Environmental Footprint of Natural Gas Development” was held in Vernal, Utah on October 14, 2010 at the Vernal campus of Utah State University. The workshop was sponsored by Utah State University, The Bingham Energy Research Center; The University of Colorado Natural Resources Law Center; and the Houston Advanced Research Center, Environmentally Friendly Drilling Program.
The meeting included presentations and panel discussions on:
- Trends and environmental issues related to natural gas development
- Examples of environmental innovations being used in the Uintah Basin
- Examples of innovation & tools from outside the …
Slides: Engaging Stakeholders, Duane Zavadil
Slides: Engaging Stakeholders, Duane Zavadil
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Duane Zavadil, Bill Barrett Corporation
5 slides
Slides: Acts: Anadarko Completion Transport System, Jeff Dufresne
Slides: Acts: Anadarko Completion Transport System, Jeff Dufresne
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Jeff Dufresne, Completions Manager, Anadarko Corporation
18 slides
Slides: The Environmentally Friendly Drilling Systems Program, David Burnett
Slides: The Environmentally Friendly Drilling Systems Program, David Burnett
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: David Burnett, Texas A&M University and Houston Advanced Research Center
44 slides
Slides: Enhanced Reclamation Program, Stephanie Tomkinson
Slides: Enhanced Reclamation Program, Stephanie Tomkinson
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Stephanie Tomkinson, Senior Biologist, QEP Company
33 slides
Slides: Geospatial Decision Support For Shale Gas Site Development, Malcolm Williamson, Jackson Cothren, Peter Smith
Slides: Geospatial Decision Support For Shale Gas Site Development, Malcolm Williamson, Jackson Cothren, Peter Smith
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Malcolm Williamson, Center for Advanced Spatial Technologies, University of Arkansas
50 slides
Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori
Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus
37 slides
A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs
A Wavering Commitment? Administrative Independence And Collaborative Governance In Ontario’S Adjudicative Tribunals Accountability Legislation, Laverne Jacobs
Law Publications
In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are transparent, accountable and efficient in their operations while preserving their decision-making independence. This approach aims to bring the executive branch of government and tribunals together in achieving effective and accountable internal tribunal governance. Through the use of illustrative cases, the author argues, however, that the statute does not address many of the contemporary concerns about administrative independence and accountability that tribunals experience on the ground. She …
Appeal No. 0822: Lawrence & Shalyne Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission
Appeal No. 0822: Lawrence & Shalyne Fox V. Division Of Oil & Gas Resources Management And Everflow Eastern Partners, L.P., Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Permit Issuance, Hoseph #1D Well (Everflow Eastern Partners, L.P.)
Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0825: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-25
Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0828: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-28
Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0827: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-27
Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0826: Beck Energy Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-26
Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson
Intermountain And The Growing Importance Of Administrative Law In Tax Law, Steve R. Johnson
Scholarly Publications
On September 29, 2009, Treasury issued regulations retroactively extending the six-year limitations period for income tax deficiencies resulting from basis overstatements. In its May 6 Intermountain decision, the Tax Court unanimously invalidated those regulations, but on divided rationales. The government has appealed.
lntermountain is a must-read for tax academics and practitioners. It is among the richest decisions on the procedural and substantive validity of tax regulations. Moreover, the opinions in the case, subsequent cases on the issue, .and commentary on these opinions and cases present genuine opportunity for improvement of the law.
This report has five sections. Section I sketches …
Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 0824: Environmental Oil Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-15
Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington
Summary Of Citizens Of Reno V. Citizens For Cold Springs, 126 Nev. Adv. Op. 27, Thomas D. Pilkington
Nevada Supreme Court Summaries
Appeal from a district court’s finding that the City failed to properly amend the Reno Master Plan (“RMP”) and finding that the City violated former Reno Municipal Code (“RMC”) §18.06.404(d)(1)(b).
Appeal No. 0818: Clarence Tussel, Jr., Et Al. V. Division Of Oil & Gas Resources Management And Kastle Resources Enterprises, Ohio Oil & Gas Commission
Appeal No. 0818: Clarence Tussel, Jr., Et Al. V. Division Of Oil & Gas Resources Management And Kastle Resources Enterprises, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's Order 2010-01
Institutional Design By Default, Michael E. Herz
Institutional Design By Default, Michael E. Herz
Online Publications
The central concern of administrative law is how to control agency discretion. Agencies are handed enormous authority, and administrative law consists primarily – indeed, almost exclusively – of a set of doctrines designed to inform, curb, or enable other actors to oversee discretionary agency actions. Administrative law is preoccupied with establishing procedures to prevent agency abuse and designing oversight by non-agency players – the President, Congress, private stakeholders, and, most obviously, the judiciary. All the core doctrines of administrative law are generally understood as implementing basic decisions regarding institutional choice: who does what? How should power be divided up amongst …