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Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2019

Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-114


Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission Jun 2019

Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)


Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig Jun 2019

Fostering Adaptive Marine Aquaculture Through Procedural Innovation In Marine Spatial Planning, Robin Kundis Craig

Utah Law Faculty Scholarship

Worldwide, as wild-caught commercial fisheries plateau and human demands for protein increase, marine aquaculture is expanding. Much marine aquaculture is inherently adaptable to changing climatic and chemical conditions. Nevertheless, siting of marine aquaculture operations is subject to competing environmental, economic, and social demands upon and priorities for ocean space, while some forms of marine aquaculture can impose other externalities on marine systems, such as pollution from wastes (nutrients) and antibiotics, consumption of wild fish as food, and introduction of non-native or genetically modified species. As a result, governmental policy decisions to promote both marine aquaculture that can adapt to a ...


The Niobrara National Scenic River: Exploring Co-Management Through A Case Study Of The Niobrara Council, Melissa M. Mosier May 2019

The Niobrara National Scenic River: Exploring Co-Management Through A Case Study Of The Niobrara Council, Melissa M. Mosier

Dissertations & Theses in Natural Resources

In recent decades, government staff and local citizens have increasingly employed cooperative schemes of natural resource management, in lieu of more conventional, top-down approaches of addressing user conflicts as they relate to water resources. The focus of this project was on the Niobrara Council, a partnership of local, state, and federal representatives charged with cooperatively managing the reach of the Niobrara River that was federally designated under the Wild and Scenic Rivers Act in 1991. The project's purpose was to explore the cooperative framework of the Council, using the methodology outlined by Carlsson and Berkes (2005). This methodology involved ...


Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2019

Appeal No. 0966: Hardesty Production V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-242


Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter Apr 2019

Municipal Options To Address Nuisance Flooding Of Coastal Highways In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Olivia Thompson, Read Porter

Sea Grant Law Fellow Publications

Sea level rise and more powerful storm surges and erosion have increased flooding in low-lying coastal areas of Rhode Island. These impacts affect coastal highways, requiring municipalities to make difficult choices about whether and how to maintain or abandon their infrastructure. This fact sheet helps cities and towns understand their legal duties, options, and potential liabilities when considering the future of threatened coastal infrastructure. By using the information in this fact sheet, municipalities can make informed decisions about the consequences of their infrastructure investments. After providing background on nuisance flooding associated with sea level rise, this fact sheet describes Rhode ...


Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts Feb 2019

Proposed State Offshore Oil & Gas Legislation And Resolutions: 2017-18, Marine Affairs Institute, Roger Williams University School Of Law, Megan Betts

Sea Grant Law Fellow Publications

No abstract provided.


Legal Mechanisms For Mitigating Flood Impacts In Texas Coastal Communities, Philip Bedford, Alexis Long, Thomas Long, Erin Milliken, Lauren Thomas, Alexis Yelvington Jan 2019

Legal Mechanisms For Mitigating Flood Impacts In Texas Coastal Communities, Philip Bedford, Alexis Long, Thomas Long, Erin Milliken, Lauren Thomas, Alexis Yelvington

NRS Program Reports & Publications

Flooding is a major source of concern for Texas’ coastal communities. It affects the quality of infrastructure, the lives of citizens, and the ecological systems upon which coastal communities in Texas rely. To plan for and mitigate the impacts of flooding, Texas coastal communities may implement land use tools such as zoning, drainage utility systems, eminent domain, exactions, and easements. Additionally, these communities can benefit from understanding how flooding affects water quality and the tools available to restore water bodies to healthy water quality levels. Finally, implementing additional programs for education and ecotourism will help citizens develop knowledge of the ...


Adaptive Management For Ecosystem Services At The Wildland-Urban Interface, Robin Kundis Craig, J.B. Ruhl Jan 2019

Adaptive Management For Ecosystem Services At The Wildland-Urban Interface, Robin Kundis Craig, J.B. Ruhl

Utah Law Faculty Scholarship

Managing the wildland-urban interface (WUI) is a widely-recognized land use problem plagued by a fractured geography of land parcels, management jurisdictions, and governance mandates and objectives. People who work in this field have suggested a variety of approaches to managing this interface, from informal governance to contracting to insurance. To date, however, none of these scholars have fully embraced the dynamism, uncertainty, and complexity of the WUI — that is, its status as a complex adaptive system. In focusing almost exclusively on the management of this interface to control wildfire, this scholarship largely ignores the factor that rampant wildfire is itself ...


Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa Jan 2019

Book Review: Jonathan P. Thompson, River Of Lost Souls: The Science, Politics, And Green Behind The Gold King Mine Disaster (2018), Clifford J. Villa

Faculty Scholarship

On August 5, 2015, contractors for the U.S. Environmental Protection Agency (EPA) investigating the Gold King Mine in southwestern Colorado accidently released some three million gallons of contaminated water into the Animas River, triggering weeks of front-page headlines, months of congressional hearings, and now years of litigation. River of Lost Souls: The Science, Politics, and Greed Behind the Gold King Mine Disaster, a new book by Jonathan P. Thompson, suggests by its title a human folly behind this “disaster” much broader and deeper than one tragic accident wrought by EPA contractors. On this thesis, Thompson certainly delivers. However, what ...


Betting On Climate Policy: Using Prediction Markets To Address Global Warming, Gary M. Lucas Jr, Felix Mormann Jan 2019

Betting On Climate Policy: Using Prediction Markets To Address Global Warming, Gary M. Lucas Jr, Felix Mormann

Faculty Scholarship

Global warming, sea level rise, and extreme weather events have made climate change a top priority for policymakers across the globe. But which policies are best suited to tackle the enormous challenges presented by our changing climate? This Article proposes that policymakers turn to prediction markets to answer that crucial question. Prediction markets have a strong track record of outperforming other forecasting mechanisms across a wide range of contexts — from predicting election outcomes and economic trends to guessing Oscar winners. In the context of climate change, market participants could, for example, bet on important climate outcomes conditioned on the adoption ...


Conferring Legal Personality On The World's Rivers: A Brief Intellectual Assessment, Gabriel Eckstein, Ariella D'Andrea, Virginia Marshall, Erin O'Donnell, Julia Talbot-Jones, Deborah Curran, Katie O'Bryan Jan 2019

Conferring Legal Personality On The World's Rivers: A Brief Intellectual Assessment, Gabriel Eckstein, Ariella D'Andrea, Virginia Marshall, Erin O'Donnell, Julia Talbot-Jones, Deborah Curran, Katie O'Bryan

Faculty Scholarship

The following compilation is substantially reproduced and adapted from a series of essays that appeared in the blog of the International Water Law Project (www.inter nationalwaterlaw.org). The series was solicited in response to the unique recent phenomenon in which a number of courts and legislatures around the world have conferred legal personality on particular rivers. What resulted is a fantastic, thoughtprovoking and timely compilation.

In effect, various water bodies around the world have been accorded legal rights – some though legislative actions and others via judicial decisions – that in some jurisdictions, equate with those recognized in human beings. Although ...


Waters Of The State, Joseph Regalia, Noah D. Hall Jan 2019

Waters Of The State, Joseph Regalia, Noah D. Hall

Scholarly Works

This article explores the "waters of the state" in three parts. First, we look to what the states say for themselves about water in their constitutions and statutes. This is not intended as a comprehensive survey, but rather a thorough sampling of the diversity in how states assert themselves over territorial water. There is a tremendous range in the scope of state assertions, in terms of both hydrologic (what waters are included) and legal scope (what states can and should do with water). The diversity and distinctions turn out to be of limited importance, though, at least on the ground ...


11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law Nov 2018

11th Marine Law Symposium: Legal Strategies For Climate Adaptation In Coastal New England 2018, Roger Williams University School Of Law

Marine Affairs Institute Conferences, Lectures, and Events

No abstract provided.


Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick Nov 2018

Law School News: Marine Law Symposium At Rwu Law To Focus On Legal Strategies For Climate Adaptation 11/08/2018, Edward Fitzpatrick

Life of the Law School (1993- )

No abstract provided.


President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler Nov 2018

President Trump, The New Chicago School And The Future Of Environmental Law And Scholarship, Sarah B. Schindler

Faculty Publications

Recent presidents including Bill Clinton, G. W. Bush, and Barack Obama have refined how environmental law has been enacted and carried out. Under President Trump, the scope of public environmental law will most certainly narrow. It seems likely that the future of environmental law will depend not upon traditional federal command-and-control legislation or executive branch maneuvering, but instead upon activating environmentalism through expanded substantive areas and innovative regulatory techniques that fall outside the existing, traditional norms of environmental law and legal scholarship. This chapter is an attempt to acknowledge this monumental change, recognizing that these barriers to traditional environmental regulation ...


Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter Nov 2018

Legal Influences On Shellfish Aquaculture Nursery Facility Siting In Rhode Island, Marine Affairs Institute, Roger Williams University School Of Law, Jordan Viana, Joseph Bingaman, Read Porter

Sea Grant Law Fellow Publications

No abstract provided.


Appeal No. 0907: Donald E. Wood, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2018

Appeal No. 0907: Donald E. Wood, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2015-345 (Financial Assurance)


Appeal No. 0964: Kevin Simballa, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2018

Appeal No. 0964: Kevin Simballa, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-231 (Auer North Unit; Hilcorp Energy)


Appeal No. 0930: M-I L.L.C. Dba M-S Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2018

Appeal No. 0930: M-I L.L.C. Dba M-S Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-267 (Temporary Authorization; Strasburg Facility)


Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson Oct 2018

Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson

Law Faculty Articles and Essays

This article addresses the legal circumstances arising when a state agency authorizes oil and gas production operations beneath a landowner’s land against that landowner’s wishes. One might assume that, if a landowner wants to preserve his or her land from oil and gas development, the landowner could simply refuse to allow drilling to occur beneath the land. However, neighbors may want to develop the oil and gas resources beneath their own land. To satisfy the neighbors’ wishes, an oil and gas producer must assemble mineral production rights on or beneath enough contiguous land to satisfy state spacing and ...


California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig Sep 2018

California Climate Change Lawsuits: Can The Courts Help With Sea-Level Rise, And Who Knew What When?, Robin Kundis Craig

Utah Law Faculty Scholarship

Between 1900 and 2005, sea level along the extensive California coast rose seven inches (17.8 centimeters), and sea level rise there is still accelerating. Indeed, as the U.S. Global Change Research Program reported in 2014, the California coast faces a multitude of economic and ecological challenges as a result of climate change.Small wonder, then, that the State of California and several California communities—especially those in the San Francisco Bay area—have brought a series of lawsuits against some of the biggest sources of greenhouse gas (GHG) emissions, seeking both to slow the pace of climate change ...


Appeal No. 0956: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0956: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)


Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)


Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0955: Ms. Kelly M. Rahach, Trustee, Rahach Revocable Trust, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2018-45, 2018-87 & 2-18-88 (Old Farm Units; Chesapeake Exploration, LLC)


Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0954: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-42 (Keller Unit) (Chesapeake Exploration, LLC)


Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0963: Adams Oil & Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-124


Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0952: Patrick Hunkler, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-13 (Surratt Unit) (Chesapeake Exploration, LLC)


Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2018

Appeal No. 0953: George Jr. & Karen L. Dudich, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-13 (Surratt Unit; Chesapeake Exploration, LLC)


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher Aug 2018

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Center for Law, Energy & the Environment Publications

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for nonextractive purposes ...