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The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul 2017 University of New Mexico

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as ...


Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa 2017 University of New Mexico

Fighting For Environmental Justice: The Life And Work Of Professor Eileen Gauna, Clifford J. Villa

Natural Resources Journal

No abstract provided.


Introduction, G. Emlen Hall 2017 Selected Works

Introduction, G. Emlen Hall

G Emlen Hall

No abstract provided.


Introduction, G. Emlen Hall 2017 Selected Works

Introduction, G. Emlen Hall

G Emlen Hall

No abstract provided.


Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha 2017 Occidental College

Labor Leading On Climate: A Policy Platform To Address Rising Inequality And Rising Sea Levels In New York State, J. Mijin Cha

Pace Environmental Law Review

With the renewed need for state action, this paper presents a case study of a labor-led initiative in New York State that seeks to address both economic inequality and the climate crisis. It discusses how organized labor, which has historically represented fossil fuel workers and has not been seen as a traditional climate ally, put forth a comprehensive climate jobs plan that could meaningfully reduce carbon emissions while also creating good, family-sustaining jobs to reduce income inequality. As the need for a broader coalition to advocate for sensible climate policy increases, this case study provides a road map for states ...


Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn 2017 Centre for Energy and Natural Resources Law, Deakin Law School, Australia

Public Resource Ownership And Community Engagement In A Modern Energy Landscape, Samantha Hepburn

Pace Environmental Law Review

The onshore resource conflicts that have erupted in the Eastern states of Australia highlight the deep need for axiomatic structural change in public resource ownership frameworks. Much of the conflict that has arisen stems from the failure of the state, as owner, to give proper regard to the social and environmental concerns relevant to the expansion of onshore resource development. The underlying rationale for vesting resources in the state is to ensure they are managed for the benefit of the community as a whole. The implied sumption is that public benefit obligations are met through state administration because this is ...


New York State's Zero Emission Credits: Exploring The Drivers And Significance Of Nuclear Energy Subsidization In The Empire State, Michael R. Sciascia 2017 Union College - Schenectady, NY

New York State's Zero Emission Credits: Exploring The Drivers And Significance Of Nuclear Energy Subsidization In The Empire State, Michael R. Sciascia

Honors Theses and Student Projects

This thesis reviews New York State's recently announced subsidization of nuclear energy, which has been a subject of dissent due to its cost, propagation of nuclear activity, and potential unlawfulness in its influence on competition within wholesale energy markets. Examining the structure and recent trends within New York's energy market and their effect on the state's nuclear energy industry will provide insight into the necessity of such subsidization in preserving in-state nuclear generation. Through an analysis of the expected costs, economic impact, and influence on statewide carbon emissions, the true significance of this legislation and New York ...


Recent Case Decisions, 2017 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Future Of Patent Troll Legislation And Its Effects On The Energy Industry, John David Weidman 2017 University of Oklahoma College of Law

The Future Of Patent Troll Legislation And Its Effects On The Energy Industry, John David Weidman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


A Review Of The Department Of Defense’S Energy Conservation Investment Program, Donald Cantrell 2017 University of Oklahoma College of Law

A Review Of The Department Of Defense’S Energy Conservation Investment Program, Donald Cantrell

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Mason W. Smith 2017 University of Oklahoma College of Law

Editor's Introduction, Mason W. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia 2017 Seattle University School of Law

I’Ll Take The Benefits If You Pay The Costs: Weighing The Equities Of Public And Private Funding Sources For Hydroelectric Dam Decommissioning, Dominique R. Scalia

American Indian Law Journal

No abstract provided.


Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman 2017 University of Oklahoma College of Law

Earthquakes In The Oilpatch: The Regulatory And Legal Issues Arising Out Of Oil And Gas Operation Induced Seismicity, Monika U. Ehrman

Georgia State University Law Review

This article reviews the scientific theories and studies regarding induced seismicity, in addition to examining the current regulatory framework and litigation arising out of these seismic events. Lastly, it provides strategies to aid stakeholders and identifies challenges likely to arise in the future.

Part I of this Article provides a review of the geoscience theories regarding natural and induced seismicity. Part II reviews the current scientific literature regarding a possible relationship between certain oil and gas operations and induced seismicity. Part III reviews the existing regulatory structure addressing seismicity in affected states, including possible applicable environmental legislation. Part IV discusses ...


Clearing The Fog: A Historical Analysis Of Environmental And Energy Law In Colorado, Lucas C. Satterlee 2017 Villanova University Charles Widger School of Law

Clearing The Fog: A Historical Analysis Of Environmental And Energy Law In Colorado, Lucas C. Satterlee

Villanova Environmental Law Journal

No abstract provided.


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson 2017 University of New Mexico

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert 2017 University of New Mexico

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman 2017 University of New Mexico

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan 2017 Elisabeth Haub School of Law at Pace University

What’S Shakin’? Ladra V. New Dominion, Llc: A Case Of Consequence For The Hydraulic Fracturing Industry And Those Affected By Induced Seismicity, James Patrick Logan

Pace Environmental Law Review

This analysis is accompanied by a study of a 2015 ruling of the Supreme Court of Oklahoma, Ladra v. New Dominion, LLC. The case considered the possibility of a private tort action by homeowners against the operators of injection wells proceeding within the state’s judicial system, rather than simply being subject to review by a state regulatory agency. The court ultimately decided that the case would be allowed to continue within the judicial system instead of in front of a regulatory agency. This case, while not providing a “silver bullet” precedent with which future claimants can automatically win their ...


Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main 2017 Elisabeth Haub School of Law at Pace University

Dual Environmentalism: Demand Response Mechanisms In Wholesale And Retail Energy Markets, Sarah M. Main

Pace Environmental Law Review

This note argues that a dual jurisdictional approach to demand response programming is better suited to mitigate environmental harms than an “either-or” regulatory model. Through an exploration of FERC’s authority over wholesale demand response, state authority over retail-level demand response, and implications for electricity and capacity markets arising out of the Court’s decision in FERC v. EPSA, this note will offer effective legal mechanisms for mitigating environmental costs, while fostering environmental benefits. The next section of this note analyzes the strengths and weaknesses of state and federal regulatory approaches to demand response in isolation.

Based on this assessment ...


The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien 2017 Pace University

The Wto Agreements And The Regulation Of Energy Markets: Is There A Good Fit?, Ravi Soopramanien

Pace Environmental Law Review

This paper focuses on this second wave of WTO RE disputes. It will assess whether or to what extent policy instruments requiring increased use of RE in national electricity grids, notably FiT, RPS and EA regulations, are consistent with WTO legal obligations. Part II of this paper will discuss energy markets, and the issues that are presented through incorporation of RE into national grids. Part III will shift focus to the WTO. It will introduce the WTO and relevant WTO law, with a particular emphasis on the Appellate Body’s conclusion in its Canada – RE/FiT report. Part IV will ...


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