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Environmental Law

2010

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Articles 1 - 30 of 211

Full-Text Articles in Law

Legislative History And Current Bills Related To The Constitution Convention, Michael Friese Dec 2010

Legislative History And Current Bills Related To The Constitution Convention, Michael Friese

Pace Law School Student Publications

The purpose of this paper is to provide a critical look at the legislative history of Article VII (now Article XIV). Specifically, it will discuss the events leading up to the 1894 Constitutional Convention (the convention was Article XIV and the “Forever Wild Provision” was adopted); the events and legislative acts between the 1894 and 1915 constitutional conventions; the 1915 Constitutional Convention; the events and legislative acts between 1915 and 1938; and the 1938 Constitutional Convention. The paper will also address the delegate election process, as well as proposed reforms to the process. It is the intention of this paper ...


Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun Dec 2010

Interpreting Article Xiv Of The New York Constitution: The Legal Measures That Mandate Sustainable Economic Development And Maintenance Of Forever-Wild Forest In The Adirondacks, Chih-Yao Sun

Pace Law School Student Publications

The Forever Wild clause enacted by the legislature aimed at protecting drinking water and commerce. The language of the Forever Wild clause has offered a strong and perpetual protection that serves the purpose of people of New York State. Any amendments will only weaken the article. To support the position that the Forever Wild clause should remain as is, the paper examines the long-ignored economic value provided by the Adirondacks Forest Preserve. The paper also proposes plausible sustainable developments and illustrates why state government has the duty to promote economic well-being in local communities.


History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver Dec 2010

History Of New York State’S “Forever Wild” Forest Preserve And The Agencies Charged With Carrying Out Article Xiv’S Mandate, Jessica B. Silver

Pace Law School 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 ...


A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch Dec 2010

A Trusting Public: How The Public Trust Doctrine Can Save The New York Forest Preserve, Katherine R. Leisch

Pace Law School Student Publications

The public trust doctrine was instituted in England as a permanent limitation on the powers of the Crown. The well-established doctrine was brought to America and applied equally in the states even after the states seceded from England. The doctrine has since served as an indestructible check on the government. Article XIV of the New York State Constitution ensures protection of its wilderness in perpetuity, solidifying the forest preserve as part of the public trust. The paper traces the beginnings of the public trust doctrine and its eventual application Article XIV. The author contemplates the indestructibility of the Forest Preserve ...


Historic Preservation And The Wilderness, Seth Kagan Dec 2010

Historic Preservation And The Wilderness, Seth Kagan

Pace Law School Student Publications

The language of Article XIV of the New York State Constitution has been the focus of a contentious debate over the years: What can be done with the lands within the Forest Preserve without violating the provision to keep the lands “forever wild”? In particular, how does Article XIV treat preservation of historic sites and archaeological resources within the Forest Preserves? The paper discusses competing interests between the “forever wild” provision and that of historic preservation through examination of the legislative history, administrative and judicial action. The paper also contemplates a constitutional convention for the purposes of amending Article XIV ...


“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson Dec 2010

“Forever Wild”: Legal Aspects Of Natural Resource Extraction In And Around The New York State Forest Preserve, Michael D. Henderson

Pace Law School Student Publications

Since its inception in 1894, Article XIV of the New York State Constitution has served as a baseline for environmental protection of the New York Forest Preserve. Yet today it has become apparent to those who study or simply enjoy the Adirondack and Catskill regions that our goal in preservation is much more. We preserve wilderness so we can hold on to a piece of the past, a piece of America’s history. That said the issue is what constitutes wilderness – a legally designated wilderness area, wilderness as a common term or land that embraces the “Forever Wild” aesthetic. This ...


Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon Dec 2010

Concerning The Constitutionality Of Hydro-Fracking The Marcellus Shale, Sean Dillon

Pace Law School Student Publications

The entire Marcellus Shale, from the Catskills of New York down to the northwestern border of West Virginia, is estimated to contain as little as 168 to as much as 516 trillion cubic feet of natural gas, resulting in major “shale play” in the region. If calculations are accurate, the Marcellus Shale may be one of the largest potential sources of any type of energy in this country. But the prospect of mining the Marcellus Shale is not without its downfalls. The extraction method to be used in these operations - a technique called hydraulic fracturing, also known as “hydro-fracking” - may ...


Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin Dec 2010

Article Xiv, Agriculture, And Keeping New York’S Wilderness Wild, Hilary Atkin

Pace Law School Student Publications

When the constitutional convention question is put on the ballot in 2017 as required by Article XIX, Section two of the New York State Constitution, the voters of New York will again choose whether to have a convention to revise or replace their Constitution. There are many issues related to the Forest Preserves of New York State that may lead delegates to consider whether Article XIV, Section one’s “forever wild” provision should be amended or eliminated. With the increasing popularity of the local farming movement in and around the Adirondack and Catskill Parks, delegates could consider amendments that clarify ...


Wildlife Management And The Forest Preserve, Jeffrey Auger Dec 2010

Wildlife Management And The Forest Preserve, Jeffrey Auger

Pace Law School Student Publications

The forever wild language of Article XIV of the New York State Constitution has sparked debate and controversy ever since its enactment. This paper examines how the Forest Preserves affect wildlife contained within the “wild forest lands” protected under Article XIV. Through examining the history of the article’s adoption it becomes clear that wildlife concerns were a chief motivating factor in preserving these forests. The paper then examines how wildlife is managed in New York, and discusses certain practices that may have implications on the “forever wild” designation. The economic and social benefits of hunting, fishing, and hiking for ...


Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi Dec 2010

Two Endangered Species In The Adirondacks In The Context Of Constitutional “Wilderness”, Michael A. Dibrizzi

Pace Law School Student Publications

Our society has developed with a distinct homocentric view toward the natural world and all of its inhabitants. Wildlife has mostly been regarded as the exclusive chattel of man to dispense with at his discretion. This attitude has led to the extinction of some species and near extinction of many others. Through legislation, lawmakers have attempted to regulate management and exploitation of different species, with varying success. The goal of good environmental regulations is to break from traditional views; regulations in recognizing man’s superiority and control over the natural world will impose a responsibility on man to protect and ...


Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center Nov 2010

Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

This one-day symposium to be held at the Grand Hyatt hotel in Denver will address the technology, economics, environmental impacts, and regulatory issues associated with shale gas development in the Rocky Mountain region. The purpose of this event is to facilitate productive dialogue among a wide range of stakeholders and interested parties to guide policy decisions.


Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer Nov 2010

Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

74 pages.

This paper was originally published as:

Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).


Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis Nov 2010

Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John B. Curtis, Professor of Geology and Geological Engineering and Director of the Potential Gas Agency, Colorado School of Mines, Golden, CO

17 slides


Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap Nov 2010

Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY

24 slides


Slides: Shale Drilling And Completions, William Fleckenstein Nov 2010

Slides: Shale Drilling And Completions, William Fleckenstein

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates

20 slides


Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss Nov 2010

Slides: The Here And Now Of U.S. Nat Gas, Michelle Michot Foss

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Michelle Michot Foss, Chief Energy Economist, Center for Energy Economics, Bureau of Economic Geology, University of Texas, Austin, TX

12 slides


Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan Nov 2010

Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO

21 slides


Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring Nov 2010

Slides: Transforming And Disrupting: Shale Gas And Oil In U.S. Energy Supply, Richard Nehring

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Richard Nehring, Nehring Associates, Colorado Springs, CO

15 slides


Slides: Evolving Policy On Shale Plays, John Martin Nov 2010

Slides: Evolving Policy On Shale Plays, John Martin

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John Martin, Crowell & Moring, LLP, Washington, DC

17 slides


Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols Nov 2010

Slides: Shale And Air Quality: The View From The Other Side, Jeremy Nichols

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: Jeremy Nichols, Climate & Energy Program Director, WildEarth Guardians, Denver, CO

18 slides


Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy Nov 2010

Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy

2010 World Energy Justice Conference (November 5)

This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace ...


Learning From Disasters: Twenty-One Years After The Exxon Valdez Oil Spill, Will Reactions To The Deepwater Horizon Blowout Finally Address The Systemic Flaws Revealed In Alaska?, Zygmunt J.B. Plater Nov 2010

Learning From Disasters: Twenty-One Years After The Exxon Valdez Oil Spill, Will Reactions To The Deepwater Horizon Blowout Finally Address The Systemic Flaws Revealed In Alaska?, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

Twenty years ago, after the calamitous Exxon Valdez oil spill in Alaska’s Prince William Sound, the pervasive systemic flaws—that according to the Alaska Oil Spill Commission had made a major calamity not just possible but probable—were largely cloaked behind the figure of a captain with a drinking problem. In 2010, after suffering another horrific oil incident—this one almost 20 times! larger than the Exxon Valdez spill—the question for national energy law and policy is whether, this time around, we’ll acknowledge and implement the hard systemic lessons largely avoided two decades ago. The Deepwater Horizon ...


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 Oct 2010

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 Uintah ...


Slides: The Environmentally Friendly Drilling Systems Program, David Burnett Oct 2010

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: Acts: Anadarko Completion Transport System, Jeff Dufresne Oct 2010

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: 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 Oct 2010

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


Slides: Drilling Waste, Blake Scott Oct 2010

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


Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz Oct 2010

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: A Working Model For Oil And Gas Produced Water Treatment, Lee Schafer Oct 2010

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: Enhanced Reclamation Program, Stephanie Tomkinson Oct 2010

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