Oil, Gas, and Mineral Law Commons^™

Power Play: The President's Role In Shaping Renewable Energy Regulation And Policy, Luke Bartol

Honors Projects

With the impacts of climate change becoming more and more apparent every day, finding means of effective action to mitigate its effects become increasingly critical. While localized work can play an important role, federal action is necessary to have the most widespread and effective impact, especially on interconnected issues such as clean energy. Congressional action is the avenue of change at this level, however in an increasingly partisan and divided environment, progress on this front is far short of what is needed.

Looking to the president is logical here, both as a single actor more insulated from partisan fights, but …

Community Development Agreements: The Hardening And Evaluation Of A Norm, Luka G. Petrusevski

Electronic Thesis and Dissertation Repository

Large scale mining projects generate highly variable outcomes. Proponents of mining cite benefits including job creation and revenue generation, while critics point to adverse social and economic impacts borne by mining-proximate communities. Community-based concerns about mining operations have raised ethical and social justice considerations relating to human-rights and consent. Community development agreements (CDAs) have emerged as an increasingly common tool to address such concerns and facilitate the delivery of tangible benefits from mining operations to affected communities. The effectiveness of CDAs, however, varies widely depending on the negotiated provisions and their implementation. This work contributes to the understanding of CDAs …

Preventing The Resource Curse In Ghana: The Role Of Government And International Oil Companies In The Exploration And Management Of Ghana’S Non-Renewable Resources For Inclusive Development (Oil/Gas), Maud Esi Amoafo

Major Papers

This study investigated the role of government and IOCs in the exploration and management of Ghana’s non-renewable resources (oil/gas) for inclusive development and the prevention of the resource curse. Incorporating the rentier state theory and resource curse theory into the study, this paper found that following the commencement of oil production in 2010, the Government of Ghana has enacted major institutional and legislative frameworks, including the PRMA and the GLCL, to combat the impending challenges of the oil industry. Through the PRMA 815, the Petroleum Holding Fund and PIAC have been established for a more transparent and accountable disbursement of …

Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah

LLM Theses

Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …

Indigenous Rights In International Law: A Focus On Extraction In The Arctic, Aine Healey Lawlor

Honors Projects

This paper seeks to evaluate the evolution and future of Indigenous rights in extractive industry on a global scale and uses the Arctic both to explore the complexity of these rights and to provide paths forward in advancing Indigenous self-determination. Indigenous rights lack a strong international foundation and are often dependent upon local and domestic regimes, yet this reality is currently shifting. The state of extraction internationally, particularly in the Arctic, is also facing major uncertainty in the coming decades as demand continues to rise. Indigenous rights and the rules governing extractive industry intersect because much of the world’s remaining …

Before The Ice Disappears: Pursuing Climate Justice For Inuit Women In The Context Of Mining In Nunavut, Angeline Bellehumeur

Electronic Thesis and Dissertation Repository

The Arctic’s rapid warming is increasing the potential for mining activity in Nunavut, and, consequently, Inuit women are increasingly at risk of experiencing the adverse and gendered impacts of mining, including gender-based violence. Through a theoretical framework influenced by feminism, Indigenous legal scholarship and legal anthropology, this thesis examines the flaws in the mining industry’s voluntary efforts to acquiring a social licence to operate and in the Nunavut mining regulatory regime, while also considering how the law can provide legal recourse through tort actions and Inuit Impact Benefit Agreements. In every instance, is clear that climate justice for Inuit women …

Evaluation Of United States Federal Oil Spill Policies: Deepwater Horizon Vs. Bouchard B120, Quinn Relihan

Honors Theses

ABSTRACT

RELIHAN, QUINN An Evaluation of United States Federal Oil Spill Regulations:

Deepwater Horizon vs. Bouchard B120. Department of Environmental Science, Policy and Engineering, June 2020.

Advisor: ILENE KAPLAN

The purpose of this study is to compare and contrast the background, impacts and treatment of two major oil spills and investigate the appropriateness of existing environmental policies and any need for new and/or different policies. The study traces the growth of relevant policy development and looks at historic and contemporary policy changes and applies this to the in-depth examination of the Bouchard B120 and the Deepwater Horizon spills.

Policy recommendations …

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

The Implementation Of The Joint Development Of Greater Sunrise Special Regime Under The 2018 Timor Sea Maritime Boundaries Treaty Between Timor-Leste And Australia, Melkiades Laot

World Maritime University Dissertations

No abstract provided.

Developing A Model For Effective Community Development Agreements In The Extractive Industries, John Nikolaou

CMC Senior Theses

Natural resource development has tremendous potential to create inclusive economic growth in countries well-endowed with oil, mineral, and agricultural resources. At the same time, natural resource development can cause negative environmental externalities, and, in several cases, extractives companies can engage in labor abuse.

The intersection of the government’s and the corporation’s interest can lie in Corporate Social Responsibility Projects.This thesis will analyze an alternative model of CSR: community development agreements (CDAs). CDAs are voluntary, or sometimes government mandated, agreements between the project developer and the project affected community that define company commitments to issues such as environmental impact mitigation, benefit …

"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.

Different Names For Bullying, Marco Poggio

Capstones

“There's all different forms of bullying,” says Steven Gray, a Lakota rancher and former law enforcement officer living in South Dakota. In this look into Gray’s life, we learn about two instances of bullying: the psychological and physical harassment that pushed his son, Tanner Thomas Gray, to commit suicide at age 12; And the controversial construction of an oil pipeline in an ancient tribal land that belongs to the Lakota people by rights of a treaty signed in 1851, which Gray sees as an institutional abuse infringing on the sovereignty of his people. Gray is involved in the movement that …

Study On The Law Scheme Of International & Chinese Oil Pollution Compensation Fund, Dongye Zhao

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Legal Tools For Local Control Of Oil And Gas Development: Successes, Challenges, And Opportunities – Focusing On Select Eastern And Western U.S. States With Current And Potential Oil/Gas Development, Gabrielle M. Ostermayer

Graduate Student Theses, Dissertations, & Professional Papers

In response to the rise in unconventional oil and gas drilling and hydraulic fracturing, coupled with concerns over local environmental, social, and health impacts, and weak state regulatory oversight, many communities have chosen to assert zoning or regulatory control over oil and gas development. However, the legal framework that enables and constrains local government powers varies by state, based on diverse statutory and constitutional language as well as the preemption of local control by state agency regulations governing industry development. Through a series of case studies, this article identifies successful, legally defensible strategies for local control of oil and gas …

From Exploration Drilling To Decommissioning : Where Does Responsibility Lie For Regulating And Monitoring Offshore Oil Platforms In Liberian Waters?, Daniel Tarr

World Maritime University Dissertations

No abstract provided.

A Critical Analysis Of Safety And Marine Environmental Protection Regulations For Oil And Gas Development In The High Seas, Masahiko Okubo

World Maritime University Dissertations

No abstract provided.

The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis

Pitzer Senior Theses

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …

Un-Obtainium: The Quest For Rare Earth Elements, Brahm Heyman

International Political Economy Theses

The 17 "rare earth elements" are essential for the development of new technologies. Over the last several decades, China has established a virtual monopoly on the rare earth industry, producing over 97% of the world's current demand. This was achieved by effectively undercutting other producers who stopped competing in this market. In 2010, in an effort to bolster its domestic market, China decided to reduce the amount of rare earth elements that it would export. This situation can be used to consider China's relations with the rest of the world from two perspectives. (1) The realist perspective views China's actions …

International Law And Business Practice : Corporate Accountability And Compliance Issues In The Petroleum Industry, Emeka Duruigbo

Theses and Dissertations

This dissertation seeks to strengthen international law by incorporating and integrating multinational corporations more fully into the international legal system. It argues that the undeniable role of multinational corporations as primary players in the global economy and international politics necessitates or demands adequate acknowledgement in the international legal structure. Accordingly, due recognition should be accorded the rights and privileges of multinationals. Concomitant to that, corresponding duties and responsibilities should be attached to these corporate entities in international law.

Many far-reaching advantages will flow from such development. The corporations will enjoy de jure protection, which would enhance their business operations across …

Law On Pollution And Debris From Oil And Gas Drilling And Production Operations Offshore Nova Scotia, Boris B. De Jonge

LLM Theses

This thesis examines international and domestic law relating to pollution from offshore oil and gas operations in the Nova Scotia offshore area. The domestic regulatory regime is not integrated, but is contained in various acts. The three main acts deal respectively with ships, including mobile offshore drilling and production units (the 'Canada Shipping Act'); fisheries protection (the 'Fisheries Act'); and the industrial aspects of offshore oil and gas operations (the federal 'Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act'; there is a corresponding provincial act which is essentially identical). These acts are administered by separate regulatory agencies. This results in …

What A Wonderful World: Multilateral Chemical Management Conventions, Liberalisation Policies And The Chemical Industry, Robin Lynne Cowling

LLM Theses

This thesis begins with an examination of the context of risk in which multilateral environmental agreements (MEAs) are being drafted and implemented. Through a discussion of the relationship between the characteristics of multinational corporations and the phenomenon of globalisation, the impetus behind globalisation practices is revealed. This is then contextualised with an examination of the contribution of the chemical industry toward the parallel globalisations of production and environmental harm. A discussion of trade and investment liberalisation instruments is then undertaken to illustrate the current hierarchy between these instruments and MEAs. This analysis reveals the present incompatibility of these instruments and …

The Effect Of Deep Sea Bed Mining On Strategic Minerals And National Security, Gary R. Hammond

Theses and Major Papers

Deep sea bed mining has been a topic of considerable debate since it became technically and economically viable as a mining venture in the mid 1960's. The availability of manganese nodules has been determined through costly "prospecting" operations and their existence in sufficient quantity and quality has been found to be adequate for the mining industry. Though the future of the nodule mining is undetermined, it is the purpose of this paper to determine its impact on the national management of its associated strategic minerals and national security.