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- Uncovering the Hidden Resource: Groundwater Law, Hydrology, and Policy in the 1990s (Summer Conference, June 15-17) (7)
- Elisabeth Haub School of Law Faculty Publications (6)
- Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3) (6)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (5)
- Air Quality Protection in the West (November 27-28) (4)
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- Faculty Scholarship (4)
- Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10) (4)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (4)
- The Climate of Environmental Justice: Taking Stock (March 16-17) (4)
- The Federal Impact on State Water Rights (Summer Conference, June 11-13) (4)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (4)
- Air Quality Impacts from Oil and Gas Development (January 27) (3)
- Coalbed Methane Development in the Intermountain West (April 4-5) (3)
- Monitoring and Protecting Groundwater During Oil and Gas Development (November 26) (3)
- Articles by Maurer Faculty (2)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (2)
- Energy Field Tour 2003 (August 11-16) (2)
- Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9) (2)
- Shifting Baselines and New Meridians: Water, Resources, Landscapes, and the Transformation of the American West (Summer Conference, June 4-6) (2)
- Strategies in Western Water Law and Policy: Courts, Coercion and Collaboration (Summer Conference, June 8-11) (2)
- The Future of Federal Wetlands Regulation After Rapanos (May 10) (2)
- All Faculty Scholarship (1)
- Applied Safety & Technology Faculty Research (1)
- Cornell Law Faculty Publications (1)
- Drawing the Blueprint for a Sustainable Natural Gas Future (January 18) (1)
- Energy Field Tour 2004 (August 4-6) (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- Innovation in Western Water Law and Management (Summer Conference, June 5-7) (1)
Articles 1 - 30 of 100
Full-Text Articles in Law
Presidential Progress On Climate Change: Will The Courts Interfere With What Needs To Be Done To Save Our Planet?, Michael B. Gerrard
Presidential Progress On Climate Change: Will The Courts Interfere With What Needs To Be Done To Save Our Planet?, Michael B. Gerrard
Faculty Scholarship
The Biden Administration is undertaking numerous actions to reduce greenhouse gas emissions and transition away from fossil fuels as part of the fight against climate change. Many of these actions are likely to be challenged in court. This paper describes the various legal theories that are likely to be used in these challenges, assesses their prospects of success given the current composition of the Supreme Court, and suggests ways to minimize the risks.
Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson
Cities And Citizens Seethe: A Case Study Of Local Efforts To Influence Natural Gas Pipeline Routing Decisions, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
This Article explores the reasons local governments find difficulty influencing pipeline-routing decisions. For example, federal law controls interstate natural gas pipeline permitting, which is complicated and inaccessible. State law, particularly in Ohio, heavily favors utilities, in part by preempting local efforts to make local decisions regarding oil and gas development. Finally, the information gaps are enormous between what local governments need to influence pipeline-routing decisions and what is accessible.
This Article addresses barriers to local influence by discussing the efforts of citizens and local governments to influence the routing of NexusSpectra's natural gas transmission pipeline, which was recently constructed and …
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
Litigating Epa Rules: A Fifty-Year Retrospective Of Environmental Rulemaking In The Courts, Cary Coglianese, Daniel E. Walters
All Faculty Scholarship
Over the last fifty years, the U.S. Environmental Protection Agency (EPA) has found itself repeatedly defending its regulations before federal judges. The agency’s engagement with the federal judiciary has resulted in prominent Supreme Court decisions, such as Chevron v. NRDC and Massachusetts v. EPA, which have left a lasting imprint on federal administrative law. Such prominent litigation has also fostered, for many observers, a longstanding impression of an agency besieged by litigation. In particular, many lawyers and scholars have long believed that unhappy businesses or environmental groups challenge nearly every EPA rule in court. Although some empirical studies have …
The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.
The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.
Plain Meaning, Precedent, And Metaphysics: Lessons In Statutory Interpretation From Analyzing The Elements Of The Clean Water Act Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Lessons In Statutory Interpretation From Analyzing The Elements Of The Clean Water Act Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the fifth in a series of five, completes the author’s detailed analysis of how federal courts have interpreted each element of the Clean Water Act (CWA) offense. Compiling statistics across the four prior articles, it draws conclusions about statutory interpretation in general, finding that the depth of legal analysis increases with the level of court; that environmentally positive results decrease with the level of court; that courts use only a small number of canons and other interpretive devices; that their uses of interpretive devices change over time; and that interpretive devices are not all outcome-neutral. The author also …
Slides: Moffat Collection System Project, Travis Bray
Slides: Moffat Collection System Project, Travis Bray
Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)
Presenter: Travis Bray, Project Manager, Moffat Collection System Project, Denver Water
45 slides
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Point Source” Element Of The Clean Water Act Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Point Source” Element Of The Clean Water Act Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the fourth in a series of five, examines the continuing struggles to define “point source” and “nonpoint source” under the Clean Water Act. State regulation of nonpoint sources is neither pervasive nor robust, and most continuing water pollution problems can be traced primarily to nonpoint sources. EPA should define nonpoint sources by regulation and begin to expand the definition of point source by incorporating established case law and Agency practice to bring more nonpoint sources into the point source definition.
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Navigable Waters” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the third in a series of five, examines the meaning of “navigable waters” under the Clean Water Act. It traces the traditional judicial interpretation of navigable waters and how Congress and EPA attempted to extend its meaning, then examines how the term has been applied in the context of tributaries and wetlands, isolated waters, groundwater, and EPA’s unitary theory of navigable waters. The author then analyzes EPA and the Corps’ 2014 proposed amendments to the definition of “waters of the United States,” and concludes that those amendments may resolve much of the interpretive crisis.
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki
A Primer: Air And Water Environmental Quality Standards In The United States, Jason J. Czarnezki
Elisabeth Haub School of Law Faculty Publications
This article, designed as a resource for environmental law professors both domestically and abroad, addresses how environmental quality standards are created, implemented, and enforced in the United States. The answers to these questions are useful to those teaching U.S. environmental law and international scholars, especially in the European Union, who are faced with the challenge of creating new environmental quality standards under both national and EU directives. It must be noted that this project is complicated by the federal system within the country, and, thus, attention must be devoted to the federal-state relationship. In fact, the major relevant statutes, the …
Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel
Slides: The Stronger State Review Process: Draft Air Quality Guideline, Bruce Baizel
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Bruce Baizel, Chair, STRONGER Board
17 slides
Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler
Slides: Understanding The Impacts: Issues Of Research, Cindy Beeler
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Cindy Beeler, U.S. Environmental Protection Agency, Denver, CO
10 slides
Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas
Slides: Details Of The Regulatory Framework: Air Quality Regulation Of Oil And Gas Development, Olivia D. Lucas
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Olivia D. Lucas, Esq., Counsel, Faegre Baker Daniels
22 slides
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Richard E. Schwartz, Crowell & Moring LLP
38 slides
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
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
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Addition” Element Of The Clean Water Act Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Addition” Element Of The Clean Water Act Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
The Clean Water Act (CWA) prohibits addition of any pollutant to navigable waters from any point source by any person without a permit. Surprisingly, the first element of this prohibition, “addition,” remains undefined. It has been interpreted broadly by regulators and judges to expand the prohibition to such an extent that it threatens to capture innocent people. EPA in particular has confused “addition” with “navigable waters” to such an extent that it threatens to eviscerate half of the CWA’s regulatory strategies and programs: water quality standards and the § 404 program protecting wetlands. This Article examines the interpretation of “addition” …
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Pollutant” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Plain Meaning, Precedent, And Metaphysics: Interpreting The “Pollutant” Element Of The Federal Water Pollution Offense, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
This Article, the second in a series of five, examines the meaning of “pollutant” under the Clean Water Act. Congress and EPA have defined “pollutant” to mean a list of specific substances and broad categories of materials and wastes discharged into water, e.g., “biological materials” and “chemical wastes.” The definition is broad enough to encompass virtually all substances associated with human activity that are discharged to water, regardless of whether the substances cause pollution or are produced through human endeavor. Therefore, “pollutant” is rarely a limiting element. Instead, the issues with the definition of “pollutant” primarily address whether it includes …
Writing A Check That The State Can't Cash: Water Pollution From Coal Mining And The Imminent And Inevitable Failure Of The West Virginia Special Reclamation Fund, Sarah J. Surber
Applied Safety & Technology Faculty Research
After decades of financial decadence and total dominance over political processes, coal companies have hit desperate times. Cheap, abundant natural gas recently emerged, driving demand for coal for energy production and coal prices down. The United States Environmental Protection Agency (EPA) finally moved to more stringent emissions limitations for coal-fired power plants under the Clean Air Act. Concurrently, the public demanded improvements in safety technology after several tragic mining accidents resulted from lax safety measures and a corporate culture of recklessness. During this time, environmental citizen groups worked to ensure that mining companies no longer violated the Clean Water Act …
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Slides: Colorado Law: Protecting Water Quantity And Quality, Alan E. Curtis
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Alan E. Curtis, White & Jankowski, LLP
23 slides
Slides: Colorado’S Groundwater Protection Program, Andrew Ross
Slides: Colorado’S Groundwater Protection Program, Andrew Ross
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Andrew Ross, Colorado Department of Public Health and Environment
22 slides
Slides: Research On Ground Water Monitoring, Matt Samelson
Slides: Research On Ground Water Monitoring, Matt Samelson
Monitoring and Protecting Groundwater During Oil and Gas Development (November 26)
Presenter: Matt Samelson, Natural Resources Law Center and the Donnell-Kay Foundation
12 slides
Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden
Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.
19 slides
Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse
Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations
10 slides
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level
8 slides
Slides: Drawing The Blueprint For A Sustainable Natural Gas Future, Mark K. Boling
Slides: Drawing The Blueprint For A Sustainable Natural Gas Future, Mark K. Boling
Drawing the Blueprint for a Sustainable Natural Gas Future (January 18)
Presenter: Mark. K. Boling, Executive Vice-President and General Counsel, Southwestern Energy
23 slides
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
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: Shale And Air Quality: The View From The Other Side, Jeremy Nichols
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
Slides: Evolving Policy On Shale Plays, John Martin
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
Agenda: Shale Plays In The Intermountain West: Legal And Policy Issues, University Of Colorado Boulder. Natural Resources Law Center
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.
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