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Full-Text Articles in Natural Resources Law

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Josh Eagle

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle Nov 2105

When Does Legal Flexibility Work In Environmental Law, Eric Biber, Josh Eagle

Eric Biber

Environmental law scholars, practitioners, and policymakers have wrestled for some time with the implications of climate change for environmental law. There is widespread, although not universal, agreement that climate change requires greater flexibility in environmental legal systems. Flexibility—reduced procedural requirements for administrative agency decision making and less rigid substantive standards—would allow the agencies that implement environmental law to adapt to a future world characterized by dynamic, uncertain changes in natural resource systems. According to its proponents, flexibility would make it easier for agencies to more frequently update their management or regulatory decisions to respond to changed conditions, and ...


Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter Jan 2020

Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter

Natural Resources Journal

No abstract provided.


Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward Aug 2018

Black Gold In A White Wilderness-Antarctic Oil: The Past, Present, And Potential Of A Region In Need Of Sovereign Environmental Stewardship, Joseph J. Ward

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author provides an overview of the geography of Antarctica and describes the key treaty agreements governing the region. This is followed by a review of the prospects of oil exploitation in Antarctica and the surrounding seas, and an explanation of the necessary conditions for feasible oil exploitation. In another segment of this Comment, the author predicts the effect a significant Antarctic oil discovery would have on the Antarctic Treaty System and points out problems with the current Antarctic minerals regime, suggesting that the sovereignty issue must be resolved if future conflict is to be avoided in ...


Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer Aug 2018

Lust In The Heart Of Florida: Regulation Of Pollutant Storage Tanks, William D. Preston, Thomas K. Maurer

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Natural Resource Damages: Restitution As A Mechanism To Slow Destruction Of Florida's Natural Resources, James S. Matson, Ph.D., J. Allison Defoor, Ii Aug 2018

Natural Resource Damages: Restitution As A Mechanism To Slow Destruction Of Florida's Natural Resources, James S. Matson, Ph.D., J. Allison Defoor, Ii

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Government Subsidy Of Coastal Barrier Development, Mike Donovan Aug 2018

Government Subsidy Of Coastal Barrier Development, Mike Donovan

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Recent Case Decisions Aug 2018

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Legal Developments In 2017 Affecting The Oil And Gas Exploration And Production Industry, Mark D. Christiansen, Editor Aug 2018

Legal Developments In 2017 Affecting The Oil And Gas Exploration And Production Industry, Mark D. Christiansen, Editor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Collin Mccarthy Aug 2018

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno Jul 2018

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases ...


Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb Jul 2018

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in ...


Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine Jun 2018

Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine

Alex Ritchie

The joint operating agreement (JOA) in the oil and gas industry helps coordinate joint operation efforts that facilitate exploration and unitization of tracts, and conservation of a depleting resource. Professor Conine’s 1988 article expanded, limited, and defined the property interests of the parties both inside and outside the contract area. This article is an update to those prior works with greater emphasis on the 1989 Form JOA, cases and developments since its publication, and the implications of the revisions to the JOA in the new 2015 Form JOA published by the American Association of Professional Landmen (AAPL).

The purposes ...


A View From American Courts: The Year In Indian Law 2017, Grant Christensen Jun 2018

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


Recent Case Decisions Jun 2018

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Federal Income Tax Structures For Business Entities: A Comparison Of The Oil And Gas Industry And The Solar Energy Industry, Jordan Wybrant Jun 2018

Federal Income Tax Structures For Business Entities: A Comparison Of The Oil And Gas Industry And The Solar Energy Industry, Jordan Wybrant

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Subject To Uncertainty: A Case Of Ignored Intent – Wenske V. Ealy, Kaleb R. Smith Jun 2018

Subject To Uncertainty: A Case Of Ignored Intent – Wenske V. Ealy, Kaleb R. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


United States V. Osage Wind, Llc: Wind Energy Being Blown Away By New Rules?, Morgen Potts Jun 2018

United States V. Osage Wind, Llc: Wind Energy Being Blown Away By New Rules?, Morgen Potts

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


One Man’S Trash Is His Community’S Treasure: Ownership And Uses Of Produced Brine, Stephan Owings Jun 2018

One Man’S Trash Is His Community’S Treasure: Ownership And Uses Of Produced Brine, Stephan Owings

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Tilting At Windmills: Reconciling Military Needs And Wind Energy Initiatives In The 21st Century, Dillon Hollingsworh Jun 2018

Tilting At Windmills: Reconciling Military Needs And Wind Energy Initiatives In The 21st Century, Dillon Hollingsworh

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


What Does English Law Say About . . . . . . . .? And The Winner Is: Book Review Of Petroleum Contracts: English Law And Practice By Peter Roberts, Norman Nadorff Jun 2018

What Does English Law Say About . . . . . . . .? And The Winner Is: Book Review Of Petroleum Contracts: English Law And Practice By Peter Roberts, Norman Nadorff

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Collin Mccarthy Jun 2018

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann Jun 2018

Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann

Sea Grant Law Fellow Publications

No abstract provided.


Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang Jun 2018

Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, green bonds have emerged as a way for the financial industry to contribute to environmentally friendly projects, combat climate change, and provide funds for green infrastructures across the world. While the green bond market has expanded drastically across large nations in Europe and Asia, market growth has stalled in the United States, in part due to a lack of promising regulations in the United States. Existing regulations on green bond issuance in the United States only exists in the form of non-binding international guidelines. This Note reviews the benefits and potentials of green bonds both as an ...


Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions, Mark P. Nevitt, Robert V. Percival May 2018

Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions, Mark P. Nevitt, Robert V. Percival

Boston College Law Review

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet these regions differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System, a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Mineral Warfare: The Dark Side Of Technology And International Mediation, Priyanka Basnyat May 2018

Mineral Warfare: The Dark Side Of Technology And International Mediation, Priyanka Basnyat

Master's Theses

Conflict surrounding the extraction and trade of natural resources is not an uncommon phenomenon. Especially in the case of the Democratic Republic of Congo (DRC), which has historically suffered from the negative impacts of the resource curse since their mineral wealth was first discovered by their Colonial administrators. The importance of Congo’s minerals has fluctuated over the years but has peaked during recent times, as their use in technological advancements are becoming more vital. The global demand for these mineral ores have sky rocketed and consequentially, the largely informal trade has benefitted certain rebel groups, playing a pivotal role ...


Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor May 2018

Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor

Public Land and Resources Law Review

This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and ...


Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy May 2018

Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned May 2018

Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned

Environmental and Earth Law Journal (EELJ)

No abstract provided.


From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall May 2018

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.