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Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks 2018 St. Mary's University School of Law

Too Little Too Late: The Infeasibility Of Osha's Silica Standards In The Oil Industry, Cali M. Franks

St. Mary's Law Journal

Abstract forthcoming


When Is Groundwater Recharge A Beneficial Use Of Surface Water In California?, Kathleen Miller, Nell Green Nylen, Holly Doremus, Dave Owen, Andrew Fisher 2018 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

Center for Law, Energy & the Environment Publications

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 ...


Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno 2018 Elisabeth Haub School of Law at Pace University

Armageddon: The Inevitable Death Of Nuclear Power And Whether New York State Has The Legal Authority To Keep It On Life Support, David Solimeno

Pace Environmental Law Review

This Note seeks to make the argument for New York’s ZEC program as a legitimate exercise of state power. Part I provides context—the history of nuclear power, the rise and fall in the incidence of nuclear power projects, and why such investments are failing. Part II then provides an overview of the CES and the ZEC program contained therein. In Part III, the legal challenges filed in response to Tier 3 are discussed, as well as the Illinois case which parallels the conventional generator challenge in New York. Part III will also discuss relevant legal precedent the cases ...


Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb 2018 Sabin Center for Climate Change Law, Columbia Law School

Carbon Pricing In New York Iso Markets: Federal And State Issues, Justin Gundlach, Romany Webb

Pace Environmental Law Review

New York’s Clean Energy Standard (“CES”), adopted in August 2016, aims to steer the state’s electricity sector away from carbon-intensive generation sources. It supports low-carbon alternatives by requiring retail electricity suppliers to purchase credits, the proceeds from which are paid to renewable and nuclear generators. Recognizing that this will affect the operation of wholesale electricity markets, New York’s electric transmission grid operator (the “New York Independent System Operator” or “NYISO”) has commenced a review to assess possible means of incorporating the cost of carbon emissions into market prices. This Article explores two approaches to carbon pricing in ...


Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine 2018 University of New Mexico School of Law

Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine

Alex Ritchie

The joint operating agreement (JOA) in the oil and gas industry helps coordinate joint operation efforts that facilitate exploration and unitization of tracts, and conservation of a depleting resource. Professor Conine’s 1988 article expanded, limited, and defined the property interests of the parties both inside and outside the contract area. This article is an update to those prior works with greater emphasis on the 1989 Form JOA, cases and developments since its publication, and the implications of the revisions to the JOA in the new 2015 Form JOA published by the American Association of Professional Landmen (AAPL).

The purposes ...


A View From American Courts: The Year In Indian Law 2017, Grant Christensen 2018 Seattle University School of Law

A View From American Courts: The Year In Indian Law 2017, Grant Christensen

Seattle University Law Review

This Article provides a comprehensive review of Indian law for 2017. It does not include a citation to every case related to Indian law issued by the courts but tries to incorporate the majority of opinions into its catalog to provide a robust discussion of the changes in Indian law over the course of 2017. Part I of this Article provides some general statistics about Indian law in 2017. Part II focuses on activity at the U.S. Supreme Court, which is the most watched forum for Indian law cases for obvious reasons. Part III groups cases by subject area ...


Recent Case Decisions, 2018 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Federal Income Tax Structures For Business Entities: A Comparison Of The Oil And Gas Industry And The Solar Energy Industry, Jordan Wybrant 2018 University of Oklahoma College of Law

Federal Income Tax Structures For Business Entities: A Comparison Of The Oil And Gas Industry And The Solar Energy Industry, Jordan Wybrant

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Subject To Uncertainty: A Case Of Ignored Intent – Wenske V. Ealy, Kaleb R. Smith 2018 University of Oklahoma College of Law

Subject To Uncertainty: A Case Of Ignored Intent – Wenske V. Ealy, Kaleb R. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


United States V. Osage Wind, Llc: Wind Energy Being Blown Away By New Rules?, Morgen Potts 2018 University of Oklahoma College of Law

United States V. Osage Wind, Llc: Wind Energy Being Blown Away By New Rules?, Morgen Potts

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


One Man’S Trash Is His Community’S Treasure: Ownership And Uses Of Produced Brine, Stephan Owings 2018 University of Oklahoma College of Law

One Man’S Trash Is His Community’S Treasure: Ownership And Uses Of Produced Brine, Stephan Owings

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Tilting At Windmills: Reconciling Military Needs And Wind Energy Initiatives In The 21st Century, Dillon Hollingsworh 2018 University of Oklahoma College of Law

Tilting At Windmills: Reconciling Military Needs And Wind Energy Initiatives In The 21st Century, Dillon Hollingsworh

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


What Does English Law Say About . . . . . . . .? And The Winner Is: Book Review Of Petroleum Contracts: English Law And Practice By Peter Roberts, Norman Nadorff 2018 University of Oklahoma College of Law

What Does English Law Say About . . . . . . . .? And The Winner Is: Book Review Of Petroleum Contracts: English Law And Practice By Peter Roberts, Norman Nadorff

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Collin McCarthy 2018 University of Oklahoma College of Law

Editor's Introduction, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School of Law, Mark Hartmann 2018 Rhode Island Sea Grant Law Fellow

Case Brief: First Circuit Clarifies Public Vessel Status Under The Oil Pollution Act, Marine Affairs Institute, Roger Williams University School Of Law, Mark Hartmann

Sea Grant Law Fellow Publications

No abstract provided.


Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang 2018 Brooklyn Law School

Financing Green: Reforming Green Bond Regulation In The United States, Echo Kaixi Wang

Brooklyn Journal of Corporate, Financial & Commercial Law

In recent years, green bonds have emerged as a way for the financial industry to contribute to environmentally friendly projects, combat climate change, and provide funds for green infrastructures across the world. While the green bond market has expanded drastically across large nations in Europe and Asia, market growth has stalled in the United States, in part due to a lack of promising regulations in the United States. Existing regulations on green bond issuance in the United States only exists in the form of non-binding international guidelines. This Note reviews the benefits and potentials of green bonds both as an ...


Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Erum Sattar, Jason Robison, Daniel McCool 2018 Harvard Law School

Evolution Of Water Institutions In The Indus River Basin: Reflections From The Law Of The Colorado River, Erum Sattar, Jason Robison, Daniel Mccool

University of Michigan Journal of Law Reform

Transboundary water institutions in the Indus River Basin can be fairly characterized as broken in key respects. International relations between India and Pakistan over the Indus Waters Treaty, as well as interprovincial relations within Pakistan over the 1991 Water Accord, speak to this sentiment. Stemming from research undertaken by the authors for the Harvard Water Federalism Project and the United States Agency for International Development (USAID), this Article seeks to spur the evolution of the Indus River Basin’s water institutions by offering a comparative perspective from North America’s most “institutionally encompassed” basin, the Colorado River Basin. Mindful of ...


Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions, Mark P. Nevitt, Robert V. Percival 2018 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

Boston College Law Review

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


Mineral Warfare: The Dark Side Of Technology And International Mediation, Priyanka Basnyat 2018 The University of San Francisco

Mineral Warfare: The Dark Side Of Technology And International Mediation, Priyanka Basnyat

Master's Theses

Conflict surrounding the extraction and trade of natural resources is not an uncommon phenomenon. Especially in the case of the Democratic Republic of Congo (DRC), which has historically suffered from the negative impacts of the resource curse since their mineral wealth was first discovered by their Colonial administrators. The importance of Congo’s minerals has fluctuated over the years but has peaked during recent times, as their use in technological advancements are becoming more vital. The global demand for these mineral ores have sky rocketed and consequentially, the largely informal trade has benefitted certain rebel groups, playing a pivotal role ...


Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor 2018 Alexander Blewett III School of Law at the University of Montana

Markle Interest, L.L.C. V. U. S. Fish & Wildlife Service, Peter B. Taylor

Public Land & Resources Law Review

This action is an appeal of a grant of summary judgment to the United States Fish and Wildlife Service on the designation of critical-habitat for the dusky gopher frog under the ESA. Landowner appellants originally sought declaratory and injunctive relief against the Service, the Department of Interior, and agency officials challenging the designation of their private property as critical-habitat for the dusky gopher frog. The court’s holdings recognize loss of property value as a “particularized injury” for standing under the ESA in addition to addressing the landowners’ three principal arguments: 1) the critical habitat designation violated the ESA and ...


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