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4698 full-text articles. Page 1 of 80.

Recent Case Decisions, 2018 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation, Joseph R. Dancy 2018 University of Oklahoma College of Law

From The Drake Well To The Santa Rita #1: The History Of The U.S. Permian Basin: A Miracle Of Technological Innovation, Joseph R. Dancy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Update On Oklahoma Oil And Gas Royalty Litigation, Pamela S. Anderson 2018 University of Oklahoma College of Law

Update On Oklahoma Oil And Gas Royalty Litigation, Pamela S. Anderson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Mason W. Smith 2018 University of Oklahoma College of Law

Editor's Introduction, Mason W. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson 2018 Selected Works

When States’ Legislation And Constitutions Collide With Angry Locals: Shale Oil And Gas Development And Its Many Masters, Heidi Gorovitz Robertson

Heidi Gorovitz Robertson

This Article explores the nationally common problem of tension and conflict among state oil and gas statutes, constitutional home rule, and local control by considering intersections and tensions among the Ohio Constitution’s home rule authority, the Ohio oil and gas law’s preemption provision, and the many regulatory efforts of Ohio’s local governments. It explores the scope of the Ohio Constitution’s home rule authority, in part, by evaluating courts’ statements on the validity of several types of local ordinances, as they confront home rule and a legislative attempt at preemption. Types of local ordinances evaluated include those ...


Montana Environmental Information Center V. U.S. Office Of Surface Mining, Lowell J. Chandler 2018 Alexander Blewett III School of Law at the University of Montana

Montana Environmental Information Center V. U.S. Office Of Surface Mining, Lowell J. Chandler

Public Land and Resources Law Review

In MEIC v. U.S. Office of Surface Mining, the cost of coal mining’s climate impacts and the agency’s NEPA review obligations are at issue. The United States District Court for the District of Montana found that the Office of Surface Mining and Enforcement failed to adequately consider the need for an EIS and to take a hard look at the indirect, cumulative, and foreseeable impacts of a proposed coal mine expansion in central Montana. In its NEPA analysis, the court concluded that if the benefits of a carbon-intensive project are quantified, then the costs to the climate ...


The Flip Side Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen 2018 SJ Quinney College of Law, University of Utah

The Flip Side Of Michigan V. Epa: Are Cumulative Impacts Centrally Relevant?, Sanne H. Knudsen

Utah Law Review

This Article explores the flipside of Michigan - v. EPA - where the Court’s logic can just as well support agencies in their public health and environmental protection efforts. In particular, taking Michigan as a blueprint, this Article argues that cumulative impacts are centrally relevant to environmental regulation and—like cost—deserve a systemic and meaningful role in agency decisionmaking, including in the threshold decision of when to regulate. In doing so, this Article serves as a counterbalance to the weight of cost benefit rhetoric that would reduce environmental law off to a line item in a strained budget.


Beyond The Pipeline Wars: Reforming Environmental Assessment Of Energy Transport Infrastructure, James W. Coleman 2018 SJ Quinney College of Law, University of Utah

Beyond The Pipeline Wars: Reforming Environmental Assessment Of Energy Transport Infrastructure, James W. Coleman

Utah Law Review

In recent years, the role of transport infrastructure in energy markets has become a flashpoint for legal conflict. On one hand, the world is experiencing an unprecedented buildout of all kinds of energy transport: oil and gas pipelines, liquefied natural gas projects, power transmission, and port facilities for coal and oil. On the other hand, environmental advocates have increasingly insisted that pipelines and other transport projects should not be built if they would encourage fossil fuel production in markets “upstream” and fossil fuel consumption in markets “downstream” of these projects.

Governments have struggled with how to respond. President Obama famously ...


Backyard Beekeeping In The Beehive State: Salt Lake City’S Beekeeping Regulations, Nuisance Concerns, And The Legal Status Of Honey Bees, Robert T. Moriarty 2018 SJ Quinney College of Law, University of Utah

Backyard Beekeeping In The Beehive State: Salt Lake City’S Beekeeping Regulations, Nuisance Concerns, And The Legal Status Of Honey Bees, Robert T. Moriarty

Utah Law Review

Recognizing the increasing popularity of urban beekeeping and the vital role that bees play in the ecosystem, the Salt Lake City Council has acted to allow keeping bees within city limits. To ensure that bees would not present a significant nuisance, the council implemented a simple set of guidelines to regulate the practice. While the Ordinance is an excellent first step that effectively addresses most of the sources of nuisance associated with honey bees, it would be wise to reassess its provisions now that it has been in place for nearly eight years. Perhaps a survey of complaints about urban ...


Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore 2018 S.J. Quinney College of Law, University of Utah

Cultivating A Culture Of Environmental And Natural Resources Collaboration In Utah, Danya Rumore

Environmental Dispute Resolution Program

Unhealthy air quality. Growing demands for water in an arid state. Conflicts over public lands and how those lands should be managed. These are just a few environmental and natural resources challenges here in Utah that we hear “keep people up at night.” Such challenges are indeed daunting, and they will not be easily solved. However, in every challenge there is an opportunity. And when it comes to environmental and natural resources challenges, there is a powerful opportunity for people to work together to find mutually beneficial solutions that are, as consensus building guru Larry Susskind puts it, “fair, efficient ...


From Little Acorns, Nicholas A. Robinson 2018 Elisabeth Haub School of Law at Pace University

From Little Acorns, Nicholas A. Robinson

Pace Law Faculty Publications

Inaugurating Writing Nature: A Seasonal Program of Readings of Nature Writings, under the shared auspices of the Teatown Lake Reservation and the Hudson Valley Writers Center. Presented at the Hudson Valley Writers Center, Sleepy Hollow, New York.


Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa 2018 Florida International University College of Law

Water Governance In Haiti: An Assessment Of Laws And Institutional Capacities, Ryan Stoa

Ryan B. Stoa

The Republic of Haiti struggles to sustainably manage its water resources. Public health is compromised by low levels of water supply, sanitation, and hygiene, and water resources are often contaminated and unsustainably allocated. While poor governance is often blamed for these shortcomings, the laws and institutions regulating water resources in Haiti are poorly understood, especially by the international community. This study brings together and analyzes Haitian water laws, assesses institutional capacities, and provides a case study of water management in northern Haiti in order to provide a more complete picture of the sector. Funded by the Inter-American Development Bank as ...


California V. United States Bureau Of Land Management, Molly M. Kelly 2018 Alexander Blewett III School of Law at the University of Montana

California V. United States Bureau Of Land Management, Molly M. Kelly

Public Land and Resources Law Review

After President Trump’s Executive Order No. 13783 encouraging relaxing regulatory burdens on energy production, the Bureau of Land Management reevaluated its 2016 “Waste Prevention Rule” which addressed waste of natural gas from venting, flaring, or other leaks resulting from oil and natural gas production activities. The BLM sought to postpone the Rule’s compliance date to give the agency time to promulgate a new rule—effectively overruling the 2016 Rule. Plaintiffs challenged the agency’s compliance under the Administrative Procedures Act, and the court found the BLM did not properly follow APA requirements.


The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short 2018 University of Miami Law School

The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short

University of Miami Inter-American Law Review

No abstract provided.


Localism, Labels, And Animal Welfare, Samuel R. Wiseman 2018 Florida State University

Localism, Labels, And Animal Welfare, Samuel R. Wiseman

Northwestern Journal of Law & Social Policy

The law does relatively little to improve the welfare of animals raised for food. In the short term, at least, market-based solutions appear to have more promise as a means of promoting farm animal welfare, as consumers increasingly seek out local and humanely-raised meat and eggs. To aid consumers in identifying these products, certification systems of varying degrees of rigor exist, but even these are of little use to consumers in the restaurant context, which accounts for a large percentage of meat consumption. Patrons see only finished meals, making fraud difficult to detect, and a recent newspaper investigation suggests that ...


Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen 2018 University of Miami Law School

Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen

University of Miami Inter-American Law Review

No abstract provided.


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival 2017 University of Pennsylvania Law School

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

Mark P Nevitt

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions.  Yet they differ dramatically in their governing legal regimes.  For the past sixty years the Antarctic Treaty System (ATS), 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 ...


Herr V. U.S. Forest Service, Peter B. Taylor 2017 Alexander Blewett III School of Law at the University of Montana

Herr V. U.S. Forest Service, Peter B. Taylor

Public Land and Resources Law Review

In Herr v. U. S. Forest Service, the Sixth Circuit ruled on whether the Forest Service could infringe on pre-existing private property rights held adjacent to a designated Wilderness Area. The Herrs purchased lakefront property adjacent to the Sylvania Wilderness in the Upper Peninsula of Michigan with the intention of using their littoral rights for recreational boating. The Sylvania Wilderness was created under the Michigan Wilderness Act in 1987, but the Act observed valid existing rights. The court found that the Herrs’ littoral rights were recognizable “valid existing rights.” Therefore, the Forest Service’s restriction of those rights was illegal.


United States V. Osage Wind, Llc, Summer Carmack 2017 Alexander Blewett III School of Law at the University of Montana

United States V. Osage Wind, Llc, Summer Carmack

Public Land and Resources Law Review

The Osage Nation, as owner of the beneficial interest in its mineral estate, issues federally-approved leases to persons and entities who wish to conduct mineral development on its lands. After an energy-development company, Osage Wind, leased privately-owned surface lands within Tribal reservation boundaries and began to excavate minerals for purposes of constructing a wind farm, the United States brought suit on the Tribe’s behalf. In the ensuing litigation, the Osage Nation insisted that Osage Wind should have obtained a mineral lease from the Tribe before beginning its work. In its decision, the Tenth Circuit applied one of the Indian ...


Recent Case Decisions, 2017 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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