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Articles 1 - 30 of 2641

Full-Text Articles in Oil, Gas, and Mineral Law

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.


Western Organization Of Resource Councils V. Zinke, Daniel Brister Sep 2018

Western Organization Of Resource Councils V. Zinke, Daniel Brister

Public Land and Resources Law Review

Due to advances in climate science and an increased understanding of coal’s role as a greenhouse gas, Appellant conservation organizations sued the Secretary of Interior for failing to supplement the 1979 Programmatic EIS for the Federal Coal Management Program. The D.C. Circuit Court held neither NEPA nor the APA required a supplemental EIS and that the court lacked jurisdiction to compel the Secretary to prepare one. Expressing sympathy for the Appellants’ position, the D.C. Circuit took the unusual step of offering advice to future plaintiffs on how they might succeed on similar claims.


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.


Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen Aug 2018

Avian Jurisprudence And The Protection Of Migratory Birds In North America, Marshall A. Bowen

St. Mary's Law Journal

Abstract forthcoming


Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks Aug 2018

Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks

St. Mary's Law Journal

Abstract forthcoming


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 ...


"I See Genocide" - The Struggles Of The Ponca Nation To Reclaim Their City From Polluters, Douglas Fournet Jun 2018

"I See Genocide" - The Struggles Of The Ponca Nation To Reclaim Their City From Polluters, Douglas Fournet

History Theses

This thesis examines two court cases undertaken by the Ponca Tribe of Oklahoma and residents of Ponca City and the surrounding areas against two polluting corporations on their land: Conoco and Continental Carbon. By analyzing the history of history of the Ponca alongside the history of Native American relations to the petroleum industry and the history of EPA enforcement problems, the paper sets out to demonstrate that the unique position of Native American tribes in the United States allows them to employ what Klyza and Sousa term "alternative pathways" in fighting environmental injustice.


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.


The Enforceability Of Consent-To-Assign Provisions In Texas Oil And Gas Leases, T. Ray Guy, Jason Wright May 2018

The Enforceability Of Consent-To-Assign Provisions In Texas Oil And Gas Leases, T. Ray Guy, Jason Wright

SMU Law Review

Oil and gas leases are unique instruments that, on their face, appear to be contracts or traditional landlord–tenant leases. Indeed, landowners often desire to have them treated as such by including provisions giving a lessor power to limit or control any assignment of the lease. Typically, this takes the form of a consent-to-assign provision seen in many types of ordinary contracts and leases. In Texas, however, an oil gas lease actually conveys a fee simple property interest; and property law, far more than contract or landlord–tenant law, greatly disfavors any restraint that acts to restrict the free transferability ...


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.


Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor May 2018

Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii May 2018

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey Apr 2018

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land and Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


California V. U.S. Bureau Of Land Management, Oliver F. Wood Apr 2018

California V. U.S. Bureau Of Land Management, Oliver F. Wood

Public Land and Resources Law Review

The United States District Court for the Northern District of California granted a preliminary injunction against the Bureau of Land Management from implementing the Suspension Rule, which would delay the requirements of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule. Additionally, the court denied the BLM and intervening third parties’ motion to transfer venue to the District of Wyoming. The court held the plaintiffs were entitled to a preliminary injunction because the BLM did not provide a reasoned analysis for the Suspension Rule. This failure to provide meaningful notice and comment was an arbitrary and capricious abuse ...


Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly Apr 2018

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land and Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.


"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee Apr 2018

"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee

Boston College Law Review

In February 2016, in Alaska Oil & Gas Ass’n v. Jewell, the United States Court of Appeals for the Ninth Circuit upheld a decision by the U.S. Fish and Wildlife Service to designate 187,000 square miles in northern Alaska as critical polar bear habitat. The Ninth Circuit rejected the reasoning of the District Court for the District of Alaska which found that the FWS failed to meet the “standard of specificity” required by the Endangered Species Act in determining what geographical areas constituted critical habitat. Rather, the Ninth Circuit focused on the ESA’s broad statutory purposes of ...


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith Apr 2018

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

No abstract provided.


The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr. Apr 2018

The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.

Idaho Law Review

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.


Recent Case Decisions Apr 2018

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.