Oil, Gas, and Mineral Law Commons^™

Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing, Alexis K. Désiré

Seattle Journal of Technology, Environmental & Innovation Law

Imagine that during the course of hydraulically fracturing a tract of land—a process used to extract gas from low-permeability rock formations —a drilling company causes fractures, as well as some of the materials necessary to the fracturing process, to cross the boundary of its property line and enter an adjoining property—that is, it makes a subsurface intrusion onto a neighbor’s property. Assume further that, because the company’s fractures have extended into the neighbor’s property, oil and gas from the neighboring land travels to the company’s wellbore, causing the neighbor to bring a tort action against the company for harms related …

North Carolina's Dueling Property Rights Interests: Water And Hydraulic Fracturing, Rupa Russe

NCCU Environmental Law Review

No abstract provided.

Getting Past Possession: Subsurface Property Disputes As Nuisances, Joseph A. Schremmer

Washington Law Review

Property rights in the subsurface of land are adapting to accommodate modern activities like massive hydraulic fracturing (fracking). Property rights will need to continue adapting if they are going to accommodate other developing activities like large-scale carbon capture and storage (CCS). Courts and commentators rarely approach the nature of subsurface property directly. They tend instead to discuss appropriate standards for tort liability when disputes arise—for example when artificial fissures from a frac treatment extend into and drain oil or gas from a neighbor’s land. The case law and literature generally approach unauthorized subterranean invasions as trespasses. Because the tort of …

Zoning’S Centennial: A Complete Account Of The Evolution Of Zoning Into A Robust System Of Land Use Law—1916-2016 (Part Iv), John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Fracking is happening and local governments are subjected to many of its associated risks. They either need to act, or know—clearly and convincingly—why they should not. The federal government has stopped far short of comprehensive regulation of fracking; the states’ regulations range from fair to poor, sometimes preempting local regulation but most often sharing regulatory authority over land use impacts.

Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump

American University Journal of Gender, Social Policy & the Law

The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

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

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

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

From Coase To Collaborative Property Decision-Making: Green Economy Innovation, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article considers the advantages and disadvantages of market-based program design, natural gas regulation, and enhanced international understanding. Transitioning to a green economy involves dedicating efforts towards environmentally sound energy innovation. RGGI, natural gas, and climate change represent sustainability challenges. Optimizing cooperative transboundary green innovation can facilitate inclusive decision-making just as public participation by civil society can help economies transition to environmentally sound energy use. Building upon progress made in the human rights and environment fields can advance both and enhance resilience.

Agenda: Workshop On Directional Drilling In The Rocky Mountain Region, University Of Colorado Boulder. Natural Resources Law Center, Colorado School Of Mines

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

The Rocky Mountain region is seeing a large increase in the amount of exploration and production of oil and gas resources. Many people are interested in the use of directional and horizontal drilling technology but not much is understood about these technologies outside of the oil and gas industry. Many hold out the promise that directional drilling can minimize environmental impacts and the footprint of development. The technological, environmental, legal and policy implications of directional drilling for oil and gas in the Rocky Mountain region are the focus of this workshop.

Slides: Untitled [British Petroleum], Rusty Riese

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Rusty Riese, Consulting Geologist, BP American Production Co.

6 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?

Slides: Untitled [Colorado Attorney General's Office], Carol Harmon

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Carol Harmon, Colorado Attorney General's Office

8 slides

Abstract: When does the State require directional drilling? Can landowners require it in Surface Use Agreements? What does Colorado's version of the accommodation doctrine mean for directional drilling?

Slides: Untitled [Western Resource Advocates], Mike Chiropolos

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Mike Chiropolos, Attorney, Western Resource Advocates

10 slides

Abstract: What are the environmental considerations involved with directional drilling? How should the NEPA analysis take this technology into account? When should it be analyzed as an alternative to conventional vertical drilling?

Notes From The Directional Drilling Workshop, University Of Colorado Boulder. Natural Resources Law Center

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

20 pages

"These notes were taken by one of our law students attending the workshop. They are not a verbatim transcript and they were not supplied by, and may not have been reviewed by, the speakers. There may be errors or gaps in the notes and for these we apologize in advance. Where the speaker provided an abstract of their talk, these are included and noted as such."

Slides: Encana, John Moran

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: John Moran, Reservoir Engineer, Encana Oil & Gas

23 slides

Abstract: For companies doing directional drilling, what are the direct and indirect costs and benefits? When is it economical and what factors does industry take into account in making the decision to utilize directional drilling?

Slides: Directional Drilling: The Promise And The Peril, Alfred W. Eustes Iii

Workshop on Directional Drilling in the Rocky Mountain Region (November 13)

Presenter: Dr. Bill Eustes, Ph.D., P.E., Department of Petroleum Engineering, Colorado School of Mines, Golden, CO

63 slides

Abstract: What is it, where can it be done and how does it fit into full field development for oil and gas? This segment will set the foundation and bring everyone up to a basic level of understanding of the technology of directional drilling.