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Articles 1 - 30 of 81
Full-Text Articles in Law
Plus Politics: Tackling The Eia Impact Gap, Leila Kazemi, Perrine Toledano, Tehtena Mebratu-Tsegaye
Plus Politics: Tackling The Eia Impact Gap, Leila Kazemi, Perrine Toledano, Tehtena Mebratu-Tsegaye
Columbia Center on Sustainable Investment Staff Publications
PLUS POLITICS is a multi-part series of briefs from the Columbia Center on Sustainable Investment that aims to encourage practitioners to apply a more systematic political lens to their work on governance in the extractive industries. Each brief will deal with a key governance issue and will provide a brief analysis of its political challenges and practical recommendations to address them.
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island
School of Law Conferences, Lectures & Events
No abstract provided.
Transparency Of Land-Based Investments: Cameroon Country Snapshot, Sam Szoke-Burke, Samuel Nguiffo, Stella Tchoukep
Transparency Of Land-Based Investments: Cameroon Country Snapshot, Sam Szoke-Burke, Samuel Nguiffo, Stella Tchoukep
Columbia Center on Sustainable Investment Staff Publications
Despite a recent transparency law and participation in transparency initiatives, Cameroon’s investment environment remains plagued by poor transparency.
In a new report focusing on agribusiness projects in Cameroon, CCSI and the Centre pour l’Environnement et le Développement (CED) find that:
- Communities continue to be excluded from decision-making around investments.
- The government pursues a top-down approach to concession allocation and remains reluctant to recognize all legitimate tenure rights.
- The government faces threats to its legitimacy as the grievances of citizens and investors alike lead to the barring of roads by communities and investor withdrawals.
CCSI and CED therefore call for:
- A …
Nigeria’S Petroleum Industry Bill: A Missed Opportunity To Prepare For The Zero-Carbon Future, Solina Kennedy, Martin Dietrich Brauch, Perrine Toledano, Tehtena Mebratu-Tsegaye
Nigeria’S Petroleum Industry Bill: A Missed Opportunity To Prepare For The Zero-Carbon Future, Solina Kennedy, Martin Dietrich Brauch, Perrine Toledano, Tehtena Mebratu-Tsegaye
Columbia Center on Sustainable Investment Staff Publications
With Nigeria’s National Assembly debating the proposed Petroleum Industry Bill (PIB) in the first quarter of 2021 – after nearly two decades of attempted reform of the country’s petroleum sector – Nigeria has a unique opportunity to rethink the role of the oil and gas industry in Nigeria’s economy and build out the country’s energy sector and economic capacity for the long term. CCSI’s report Equipping the Nigerian National Petroleum Corporation (NNPC) for the Low-Carbon Transition, released before the PIB was publicized, advances suggestions on how to do so. The PIB takes notable steps toward much-needed reform of NNPC’s …
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Free, Prior And Informed Consent: Addressing Political Realities To Improve Impact, Tehtena Mebratu-Tsegaye, Leila Kazemi
Columbia Center on Sustainable Investment Staff Publications
Indigenous and Tribal peoples’ right to free, prior and informed consent (FPIC) has transformative potential. Yet, there is a considerable gap between the theory and what happens in practice. Global actors supporting recognition of FPIC and effective prior consultation processes usually focus on normative standards and best practices. They concentrate much less on addressing the political challenges and opportunities that shape how these processes unfold.
With funding from the Ford Foundation, we looked at the politics of FPIC in Latin America, analyzing how the power and interests of the key players–across governments, companies and indigenous peoples–can determine the fate of …
Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition: How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela
Equipping The Nigerian National Petroleum Corporation For The Low-Carbon Transition: How Are Other National Oil Companies Adapting?, Perrine Toledano, Martin Dietrich Brauch, Tehtena Mebratu-Tsegaye, Francisco Javier Pardinas Favela
Columbia Center on Sustainable Investment Staff Publications
The Nigerian National Petroleum Corporation’s (NNPC) persistent governance challenges have both hampered Nigeria’s oil sector development and deprived the country of public resources. The oil, climate, and COVID-19 crises and the ramp-up of the low-carbon transition exacerbate this reality, with the national oil company (NOC) delivering sub-optimal returns to its stakeholders.
Other NOCs have taken meaningful steps to become players in the low-carbon energy transition domestically or internationally – for example, Saudi Arabia’s Saudi Aramco, Norway’s Equinor, Brazil’s Petrobras, Malaysia’s Petronas, and Algeria’s Sonatrach. These NOCs can serve as sources of inspiration for NNPC. These five NOCs have also undergone …
Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment
Getting The Most Out Of Extractive Industries Transparency: How A More Explicit Treatment Of Political Considerations Could Strengthen The Impact Of Transparency Efforts, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
Work on transparency in the extractive industries (EI) has achieved important successes over the last two decades. For example, significant commitments to disclosure have been secured, the volume of publicly available information about critical activities has increased considerably, and norms around certain information being in the public domain have been established. There is also a growing library of use cases for this information. Nonetheless, important work remains to be done to translate these efforts into impact.
Political context is crucial to determining the fate of transparency efforts. Therefore, grappling with political context more effectively will also be key to unlocking …
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 …
Rebuilding The Texas Railroad Commission, James W. Coleman
Rebuilding The Texas Railroad Commission, James W. Coleman
Faculty Journal Articles and Book Chapters
This article explains how the Railroad Commission of Texas became the world’s most prominent oil and gas regulator and how it can become the world’s role model again. It explains how the Railroad Commission built the world’s modern oil and gas industry by stopping oil and gas waste and ensuring stable prices. And it describes the crisis now facing the industry—overproduction of oil and gas is wasting resources that will be worth more in the future. The United States is emerging from the biggest oil and gas boom that the world has ever seen and its production now dwarfs that …
Law Library Blog (December 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (December 2019): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
A Crude Bargain: Great Powers, Oil States, And Petro-Alignment, Inwook Kim
A Crude Bargain: Great Powers, Oil States, And Petro-Alignment, Inwook Kim
Research Collection School of Social Sciences
Petro-alignment, a quid pro quo arrangement whereby great powers offer security in exchange for oil states’ friendly oil policies, is a widely used and yet undertheorized energy security strategy. One consequential aspect of this exchange is that great powers choose different levels of security commitment to keep oil producers friendly. With what criteria do great powers rank oil states? How do we conceptualize different types of petro-alignments? What exactly do great powers and oil producers exchange under each petro-alignment type? I posit that a mix of market power and geostrategic location determines the strategic value and vulnerability of individual client …
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Reclaiming The Navajo Range: Resolving The Conflict Between Grazing Rights And Development, Ezra Rosser
Articles in Law Reviews & Other Academic Journals
Grazing is fundamental to Navajo identity, yet management of the Navajo range remains highly problematic. This Essay connects the federal government's devastating livestock reduction effort of the 1930s with the inability of the Navajo Nation to place meaningful limits on grazing and the power of grazing permittees. It argues that the Navajo Nation should consider reasserting the tribe's traditional understanding that property rights depend on use as a way to create space for reservation development.
Fracking The Public Trust, Kevin J. Lynch
Fracking The Public Trust, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
Climate change presents an ever more urgent threat, and earlier in 2019, atmospheric carbon dioxide levels reached an all time high for recorded history. Current federal and state policies promoting fossil fuel extraction mean that future governments will have to look very seriously at leaving fossil fuels in the ground, if our society wants to have any hope of avoiding catastrophic climate change.
One of the biggest obstacles to leaving fossil fuels in the ground is the threat of massive takings liability for any government that dares to slow or prevent the extraction of fossil fuels. This has been particularly …
Get Out From Under My Land! Hydraulic Fracturing, Forced Pooling Or Unitization, And The Role Of The Dissenting Landowner, Heidi Gorovitz Robertson
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 acreage requirements …
Il Contributo Delle Compagnie Oil & Gas Nel Raggiungimento Degli Obiettivi Energetici E Climatici (How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change), Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
Il Contributo Delle Compagnie Oil & Gas Nel Raggiungimento Degli Obiettivi Energetici E Climatici (How Oil And Gas Companies Can Help Meet The Global Goals On Energy And Climate Change), Lisa E. Sachs, Nicolas Maennling, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
Nel settembre 2015, i governi di tutto il mondo hanno adottato17 Obiettivi di Sviluppo Sostenibile (Sustainable Development Goals – SDG) e, pochi mesi dopo – a dicembre – hanno firmatol’Accordo di Parigi. Queste azioni sono la riprova delrafforzamento del consenso globalecirca la necessità di frenare il cambiamento climatico indotto dalle attività antropiche e dipromuovere uno sviluppo sostenibilesu scala mondiale. I due concetti sono infatti strettamente legati: l’urgenza di affrontare il cambiamento climatico va inquadrata nella cornice degli sforzi globali tesi a ridurre la povertà, promuovere la crescita economica, rispettare i diritti umani e di inclusione sociale.
On September 2015, governments …
A Fracking Mess: Just Compensation For Regulatory Takings Of Oil And Gas Property Rights, Kevin J. Lynch
A Fracking Mess: Just Compensation For Regulatory Takings Of Oil And Gas Property Rights, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
As the Trump administration tries to roll back federal regulations on the oil and gas industry, constituents depend on state and local governments for protection from the worst impacts of industrial-scale fracking. Yet as the debate about proper regulation of the oil and gas industry continues, the specter of potential takings liability looms over the public discourse. Such liability is premised on the idea that government regulation of fracking might constitute a taking of private property that requires payment of just compensation — that is, the amount of money that should be paid to owners if indeed there is a …
Wrongful Benefit & Arctic Drilling, Nicolas Cornell, Sarah E. Light
Wrongful Benefit & Arctic Drilling, Nicolas Cornell, Sarah E. Light
Articles
The law contains a diverse range of doctrines — “slayer rules” that prevent murderers from inheriting, restrictions on trade in “conflict diamonds,” the Fourth Amendment’s exclusion of evidence obtained through unconstitutional search, and many more — that seem to instantiate a general principle that it can be wrong to profit from past harms or misconduct. This Article explores the contours of this general normative principle, which we call the wrongful benefit principle. As we illustrate, the wrongful benefit principle places constraints both on whether anyone should be permitted to exploit ethically tainted goods, and who may be permitted to profit …
Outcome Report Of Workshop On International Investment And The Rights Of Indigenous Peoples, Kaitlin Y. Cordes, Jesse Coleman
Outcome Report Of Workshop On International Investment And The Rights Of Indigenous Peoples, Kaitlin Y. Cordes, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
On May 12, 2016, the United Nations (UN) Special Rapporteur on the rights of indigenous peoples, Victoria Tauli-Corpuz, and the Columbia Center on Sustainable Investment hosted a one-day workshop on international investment and the rights of indigenous peoples. This outcome document synthesizes the discussions that took place during the May 12 workshop.
The workshop was part of a series of consultations undertaken to support the Special Rapporteur's Second Thematic Analysis on the Impact of International Investment Agreements on the Rights of Indigenous Peoples. Held at the Ford Foundation in New York, the workshop brought together 53 academics, practitioners, indigenous …
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Agenda: Winter, Wilderness & Climate: Threats & Solutions, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, The Wilderness Society, Protect Our Winters
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
In partnership with the Getches-Wilkinson Center, join The Wilderness Society and Protect Our Winters for an interactive presentation about energy development and climate impacts on public lands.
This event was held on Wednesday, October 12, 2016, 5:30 - 7:30 p.m., in the University of Colorado Law School, Wolf Law Building, Wittemyer Courtroom.
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Slides: Winter, Wilderness & Climate: Threats & Solutions, Jim Ramey, Lindsay Bourgoine
Winter, Wilderness, and Climate--Threats and Solutions (October 12)
Presenters:
Jim Ramey, The Wilderness Society
Lindsay Bourgoine, Protect Our Winters
56 slides
Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi
Protection Of The Marine Environment Under International Law And Kuwaiti Criminal Law, Yousef H. Almutairi
Dissertations & Theses
The marine environment has unique characteristics that distinguish it from other elements of nature. Since seas and oceans cover more than two-thirds of the earth, they play a vital role in achieving biological and climatic balance on the planet. The marine environment also plays an important role in human life, since it has plenty of nutritious and industrial resources that directly affect human welfare. It also contains huge amounts of oil and natural gas, which has played a role in the economic prosperity of the world. Moreover, seas are considered a source of freshwater through resorting to desalination of seawater …
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Agenda: A Celebration Of The Work Of Charles Wilkinson: Served With Tasty Stories And Some Slices Of Roast, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
A Celebration of the Work of Charles Wilkinson (Martz Winter Symposium, March 10-11)
Conference held at the University of Colorado, Wolf Law Building, Wittemyer Courtroom, Thursday, March 10th and Friday, March 11th, 2016.
Conference moderators, panelists and speakers included University of Colorado Law School professors Phil Weiser, Sarah Krakoff, William Boyd, Kristen Carpenter, Britt Banks, Harold Bruff, Richard Collins, Carla Fredericks, Mark Squillace, and Charles Wilkinson
"We celebrate the work of Distinguished Professor Charles Wilkinson, a prolific and passionate writer, teacher, and advocate for the people and places of the West. Charles's influence extends beyond place, yet his work has always originated in a deep love of and commitment to particular places. We …
A Silver Lining? Impact Of Commodity Price Fall On Good Governance In Sierra Leone, Herbert M'Cleod, Nicolas Maennling, Lisa E. Sachs
A Silver Lining? Impact Of Commodity Price Fall On Good Governance In Sierra Leone, Herbert M'Cleod, Nicolas Maennling, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
From 2002 to 2013, resource-rich countries in Africa enjoyed the benefits of a commodity boom, using increased revenues to embark on major infrastructure projects in roads, rail, ports, and housing. But when commodity prices fell starting in 2011 (see figure below), public sector revenues took a major hit with private sector companies scaling back operations, delaying investment decisions and suspending unprofitable operations. Especially as the number and size of investments in the sector contracted, Governments felt increased pressure to collect, manage and spend those revenues more efficiently. As a result, the fall in commodity prices and mounting economic pressure actually …
Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment
Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
With support from GIZ, CCSI prepared a report titled "Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation." It outlines options for how these stakeholders can increase the economic linkages to the extractive industries sector not only in terms of ‘breadth’ (number of linkages) but also in terms of ‘depth’ (local value added). Apart from providing the theoretical framework for linkage creation and an overview of existing literature on this topic, the study highlights successful case study examples. Recommendations are provided for the three types of stakeholders.
Resource Resilience: How To Break The Commodities Cycle, Lisa E. Sachs, Nicolas Maennling
Resource Resilience: How To Break The Commodities Cycle, Lisa E. Sachs, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
The past year has seen dramatic declines in the prices of global commodities. Between June 2014 and the beginning of this year, crude oil prices fell by 50 percent to around $50 a barrel. Similarly, mineral prices have seen a drastic fall since the peak of the “commodity supercycle” in early 2011. Between then and April of this year, iron ore prices fell by 70 percent, coal prices by 54 percent and copper prices by 40 percent.
The Responsible Investor’S Guide To Climate Change, Jeffrey D. Sachs, Lisa E. Sachs
The Responsible Investor’S Guide To Climate Change, Jeffrey D. Sachs, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
Around the world, institutional investors – including pension funds, insurance companies, philanthropic endowments, and universities – are grappling with the question of whether to divest from oil, gas, and coal companies. The reason, of course, is climate change: unless fossil-fuel consumption is cut sharply – and phased out entirely by around 2070, in favor of zero-carbon energy such as solar power – the world will suffer unacceptable risks from human-induced global warming. How should responsible investors behave in the face of these unprecedented risks?
Stemming The Black Tide: Cooperation On Oil Pollution Preparedness And Response In The South China Sea And East Asian Seas, Robin M. Warner
Stemming The Black Tide: Cooperation On Oil Pollution Preparedness And Response In The South China Sea And East Asian Seas, Robin M. Warner
Faculty of Law, Humanities and the Arts - Papers (Archive)
As global hydrocarbon resources on shore steadily decline, there has been an increase in offshore hydrocarbon exploration and exploitation. Some estimates suggest that there are over 6,000 offshore oil and gas installations worldwide. Notwithstanding simmering disputes over the territorial sovereignty and associated maritime zones of a number of island groups in the South China Sea and adjacent East Asian seas, exploration for offshore oil and gas resources under national and joint development regimes has become a prominent feature of these areas. It is estimated that there are now over 1,390 offshore oil and gas installations in the South China Sea …
Plenary Energy, Carla F. Fredericks
Plenary Energy, Carla F. Fredericks
Publications
An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …
Fracking, Federalism, And Private Governance, Amanda Leiter
Fracking, Federalism, And Private Governance, Amanda Leiter
Articles in Law Reviews & Other Academic Journals
The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency.
Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and …
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.
This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.