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Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter 2020 University of New Mexico

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.


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher 2019 UC Berkeley School of Law

When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher

Holly Doremus

This issue brief considers whether groundwater recharge currently qualifies, or should qualify, as a beneficial use of surface water under a California water right. Currently, the lack of an explicit policy regarding recharge for non-extractive purposes — that is, for purposes such as combatting subsidence, raising regional groundwater levels, or supporting baseflow or ground-water dependent wetlands — creates uncertainty and confusion. To bring much needed clarity, the State Water Resources Control Board (the Board) should provide guidance explaining that recharge for non-extractive purposes can be a beneficial use of water. That guidance should explain the conditions under which recharge for nonextractive purposes ...


Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus 2019 Selected Works

Precaution, Science, And Learning While Doing In Natural Resource Management, Holly Doremus

Holly Doremus

Dealing with uncertainty is widely recognized as the key challenge for environmental and natural resource decisionmaking. Too often, though, that challenge is considered only from an ex ante perspective which treats uncertainty as an invariant feature that must be accounted for but cannot be changed. With respect to many natural resource management decisions, that picture is misleading. Decisions are often iterative or similar, providing significant opportunities for leaming. Where such opportunities are available and inaction is not feasible or desirable, learning while doing can provide the benefits of both the precautionary principle and scientific decisionmaking while minimizing the key weaknesses ...


Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0973: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)


Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0965: Brookfield Citizens Against Injection Wells, Et Al. V. Division Of Oil & Gas Resources Management And Highland Field Services, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-286; Highland Brookfield Well #5 (Highland Field Services, LLC)


Appeal No. 974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 974: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2019-69 & 2019-77; Smith East Unit & Smith Unit (Chesapeake Exploration)


Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0950: General Electric Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2017-347


The Energy Policy Act Of 2005: The Rapid Decline Of Jura Majestatis For Communities In Ohio, Alexander Krokus 2019 Mark O. Hatfield Graduate School of Political Science, Portland State University

The Energy Policy Act Of 2005: The Rapid Decline Of Jura Majestatis For Communities In Ohio, Alexander Krokus

Hatfield Graduate Journal of Public Affairs

Since Nobel Prize recipient Svante Arrhenius realized that fossil fuel combustion increased CO2 emissions in our atmosphere in 1896, scientists and policy makers have acknowledged the calamitous potential for the oil and gas industry to render substantial deleterious effects on ecosystems. Yet in 2016, the U.S. utilized fossil fuels to facilitate 80.9% of all energy consumption.1 Subsequent to the passage of the Energy Policy Act of 2005, the Federal Energy Regulatory Commission vastly encouraged outside economic investment into our oil and gas infrastructure. Natural resources situated in geologic formations that possess low permeability, which were once considered ...


Who Takes A Dam: Regulatory Confusion And Surging Opportunities For Small Dam Removal In Rural Maine, Grady R. Burns 2019 University of Maine School of Law

Who Takes A Dam: Regulatory Confusion And Surging Opportunities For Small Dam Removal In Rural Maine, Grady R. Burns

Maine Law Review

This Comment examines the regulatory regimes surrounding the removal of state-regulated small dams in Maine by comparing the relatively underdeveloped regime in Maine with the much more coherent and robust regime in neighboring New Hampshire. When compared to more deliberate regimes, Maine’s system lacks key features, including a streamlined permitting program and a single clearinghouse for information, resources, and regulatory enforcement. Given the significant opportunities afforded by a coherent regulatory small dam removal regime, this Comment recommends that Maine follow the example of other states by creating a river restoration and dam removal program, re-establishing its statewide dam inventory ...


Conservation, Regionality, And The Farm Bill, Jess R. Phelps 2019 University of Maine School of Law

Conservation, Regionality, And The Farm Bill, Jess R. Phelps

Maine Law Review

Over the past several Farm Bills, there has been a somewhat subtle shift in program design to better incorporate regional perspectives/localized areas of conservation concern into national conservation program delivery. The purpose of this Article is to specifically explore the various roles that regional considerations play in existing Farm Bill conservation programs and also consider whether further developments in this direction could result in more flexible program delivery, more effective partnerships, and ultimately, better conservation outcomes. To this end, section II will provide an overview of the history of the Farm Bill, from its origins to the emergence of ...


The Emergence Of Commercial Scale Offshore Wind: Progress Made And Challenges Ahead, Joseph B. Nelson, David P. Yaffe 2019 University of San Diego

The Emergence Of Commercial Scale Offshore Wind: Progress Made And Challenges Ahead, Joseph B. Nelson, David P. Yaffe

San Diego Journal of Climate & Energy Law

This Article examines the offshore wind development process from leasing and permitting to electric power supply and interconnection. Willing developers may divide the process into three discrete, but not necessarily sequential, endeavors. First, the developer must secure a viable purchaser or market for the output. “Offshore wind energy” is a more complex commercial product than one might envision—it includes the actual electric energy produced, the electric generating capacity that is available to serve load, and both the environmental and clean energy attributes of wind energy. The environmental and clean energy attributes may have an economic and regulatory value separate ...


Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval 2019 University of San Diego

Cybersecurity Paradigm Shift: The Risks Of Net Neutrality Repeal To Energy Reliability, Public Safety, And Climate Change Solutions, Catherine J.K Sandoval

San Diego Journal of Climate & Energy Law

This Article contends that the Federal Communications Commission’s (FCC) January 2018 repeal of net neutrality rules created a “zero-day” cybersecurity vulnerability for the energy sector and other criti¬¬¬cal infrastructure. “A zero-day cybersecurity vulnerability is a previously unknown flaw in a computer program that exposes the program to external manipulation.” The flaw may also reside in compromised hardware that creates a “back door” into the internet-connected device. This Article argues that cybersecurity has been primarily viewed from a “hacker paradigm” that obscures systemic threats an Internet Service Provider (ISP) can create to energy reliability and cybersecurity through paid priority ...


Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody 2019 Selected Works

Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody

Karen Woody

Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) created a novel approach to corporate social responsibility (“CSR”) in supply chains by requiring public companies to disclose the presence of conflict minerals in their products. Dodd-Frank, as a whole, has faced a barrage of criticism since its passage, and Section 1502 was not immune from intense critical backlash. As I argued in prior scholarship and congressional testimony, Section 1502 was ill-conceived in substance and form. Its application resulted in the improper use of securities laws to the detriment of its laudable public international law ...


Book Review Of "River Of Lost Souls", Clifford J. Villa 2019 University of New Mexico School of Law

Book Review Of "River Of Lost Souls", Clifford J. Villa

Public Land & Resources Law Review

No abstract provided.


Recent Case Decisions, 2019 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


A Purchase Or A Loan? Rethinking The Transactions Private Equity-Backed Oil And Gas Companies Encounter In Uncharted Waters, Daniel Tavera 2019 University of Oklahoma College of Law

A Purchase Or A Loan? Rethinking The Transactions Private Equity-Backed Oil And Gas Companies Encounter In Uncharted Waters, Daniel Tavera

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Energy Litigation Update 2018, Mark D. Christiansen 2019 University of Oklahoma College of Law

Energy Litigation Update 2018, Mark D. Christiansen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction And Front Pages, Veronica Threadgill 2019 University of Oklahoma College of Law

Editor's Introduction And Front Pages, Veronica Threadgill

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0915: Dynamerican, Llc, Et. Al V. Division Of Oil & Gas Resources Management And American Energy - Utica, Llc Nka Ascent Resources - Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2016-47 (American Energy - Utica nka Ascent Resources - Utica; Henry LND GR Unit)


Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2019 Case Western Reserve University School of Law

Appeal No. 0962: Jeffrey D. Kuster, On Behalf Of David Kuster, Deceased V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-114


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