Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany Debord
The United States seeks to achieve energy security and self-sufficiency by acquiring energy from Canadian tar sands and promoting a domestic tar sands industry. However, support for this industry is inconsistent with the greenhouse gas reduction policies of the Energy Independence and Security Act and the North American Agreement on Environmental Cooperation, since tar oil extraction creates three times more carbon emissions than conventional oil extraction. Legislation limiting lifecycle greenhouse gas emissions has already been implemented through the Renewable Fuel Standard Program in response to concerns that plant-based fuel production leads to greater carbon emissions than intended. Since the lifecycle ...
Governing For The Corporations: History And Analysis Of U.S. Promotion Of Foreign Investment, Michael R. Miller
Michael R Miller
This paper explores and analyzes U.S. government support for foreign investors, especially major oil companies.
Throughout the 20th Century the US government has repeatedly used its international political influence to benefit US corporate activities abroad. The US government and others assumed initially that this was in the larger interests of the United States because US companies would represent and promote the United States’ policy agenda.
However, US corporate activities abroad over the last century seem to indicate this assumption was flawed. In numerous examples, US corporations have either ignored or thwarted the stated interests of the US government. At ...
The Intersection Of International Human Rights And Domestic Environmental Regulation, 2014 University of Georgia School of Law
The Intersection Of International Human Rights And Domestic Environmental Regulation, Rebecca M. Bratspies
Georgia Journal of International & Comparative Law
No abstract provided.
Sue And Settle: Demonizing The Environmental Citizen Suit, 2014 Seattle University School of Law
Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson
Seattle University Law Review
In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws ...
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, 2014 Western University
Human Rights Violations By Canadian Companies Abroad: Choc V Hudbay Minerals Inc, Susana C. Mijares Peña
Western Journal of Legal Studies
Canadian mining corporations operating abroad represent a challenge to the international legal system and Canadian legal system in the field of human rights. Currently, there are no legal mechanisms available to ensure that these corporations abide by international standards and voluntary codes. For this reason, some argue that Canadian courts should be more active in holding Canadian companies accountable for the human rights violations of their affiliates operating abroad. The recent Ontario Superior Court of Justice decision of Choc v Hudbay Minerals suggests that for the first time, a Canadian court is ready to play a regulatory role in preventing ...
A Comparative Legal Approach For The Risks Of Offshore Methane Hydrates: Existing Laws And Conventions, Roy A. Partain
Roy A Partain
Methane hydrates are a critical new energy alternative. Their commercial extraction would offer substantial green energy alternatives but would also potentially create novel environmental and civil hazards. This article is potentially one of the first major comparative treatments on the existing governance for offshore methane hydrates, or the lack of such governance, and the contrast of those existing mechanisms with theoretically optimal governance of those risks. The article the laws and legal conventions of the United Nations, the European Union, and of the United States. It also provides an examination of a set of international conventions on maritime protection and ...
The Application Of Civil Liability For The Risks Of Offshore Methane Hydrates, 2014 SelectedWorks
The Application Of Civil Liability For The Risks Of Offshore Methane Hydrates, Roy A. Partain
Roy A Partain
Methane hydrates are a critical new energy alternative. Their commercial extraction would offer substantial green energy alternatives but would also potentially create novel environmental and civil hazards. The article evaluates various rules of civil liability to find the most effective rule to address those environmental and civil risks from the soon-to-begin commercial development of offshore methane hydrates.
Methane hydrates have only recently become technologically feasible to extract; Japan achieved the first successfully sustained offshore extraction of methane hydrates in 2013. Their reserves are estimated to dwarf the combined reserves of traditional crude oil and natural gas deposits by a factor ...
Assessing The Silica (Frac) Sand Mining Environmental Regulatory Frameworks In Minnesota And Wisconsin: Who Has A Better Plan For Digging, The Gophers Or Badgers?, William Miley
Hamline University's School of Law's Journal of Public Law and Policy
In recent years silica (frac) sand mining activity in Minnesota and Wisconsin has grown significantly due to high demand for the sand from the hydraulic fracturing (or “fracking”) oil and gas extraction industry. Consequently, there has been much debate in the region over the proper state and local regulatory controls and overall framework to adequately protect against health and environmental impacts associated with the mining activities while also avoiding undue regulatory burdens that hinder economic development. This article analyzes the silica sand mining regulatory schemes in Minnesota and Wisconsin to determine if this booming industry is met with appropriate oversight ...
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
Jorge A Mestre
No abstract provided.
Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh
Kevin M Walsh
The renewable energy field is currently stifled because many renewable energy developments require tax equity investors to provide additional funds to get the project off the ground and running. The Code provides tax credits to incentivize investors to invest. Currently, the Investment Tax Credit (“ITC”) is the only available credit left for renewable projects placed in service from 2014 on. Tax credits are a step in the right direction to encourage renewable investment; however, the credits are limited in application mostly to large financial institutions. Moreover, investments into one specific renewable energy project can be risky because there is no ...
Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes
Levi L Wilkes
No abstract provided.
Aboriginal Peoples And Legal Challenges To Canadian Climate Change Policy, 2014 Western University
Aboriginal Peoples And Legal Challenges To Canadian Climate Change Policy, Andrew Stobo Sniderman, Adam Shedletzky
Western Journal of Legal Studies
This article explores two litigation strategies for challenging Canadian climate change policy, both of which involve constitutional rights and Aboriginal peoples. First, the authors argue that Canada’s climate change policies can be challenged as infringements of the section 7 Charter right to security of the person of Canada’s most northerly Aboriginal peoples. Second, they argue that the impact of insufficient carbon emissions regulation on Aboriginal peoples may violate section 35 of the Constitution Act, 1982, which affirms the rights of Canadian Aboriginal peoples. Although the proposed litigation strategies face a number of challenges, the issues are justiciable. Furthermore ...
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Dillon A Redding
This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried ...
A Federal Safety Plug With A Few Leaks: Bureau Of Land Management's Proposed Rule On Hydraulic Fracturing And Its Effect On States And Tribes, Thea A. Graybill
Thea A Graybill
Natural gas is a significant energy source, but if extracted improperly, has the potential to cause serious harm to public health and the environment. Currently, states regulate hydraulic fracturing, and each state has its own regulatory standards. Consequently, states control the hydraulic fracturing industry in a piecemeal fashion. In some instances, state governance of hydraulic fracturing has led to disastrous results. For example, numerous people have complained that the drilling of natural gas polluted private water wells in Pennsylvania, Ohio, West Virginia, and Texas. To avoid these types of incidents in the future, the federal government should regulate hydraulic fracturing ...
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), 2014 The University of Montana School of Law
Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh
Public Land and Resources Law Review
As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.
Should Chevron Have Two Steps?, 2014 Maurer School of Law: Indiana University
Should Chevron Have Two Steps?, Richard M. Re
Indiana Law Journal
Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step two asks whether they are reasonable. Other judges and scholars defend two-step Chevron on the ground that the second step should be equated with arbitrary-and-capricious review. But that approach makes Chevron partially redundant with the Administrative Procedure Act and compresses the distinct mandatoriness and reasonableness questions into an artificially singular first step. This Article identifies a ...
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, 2014 College of William & Mary Law School
Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House
William & Mary Law Review
First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity ...
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
Joshua P Fershee
Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic fracturing for shale gas. To limit local government restrictions on gas drilling, the Pennsylvania legislature passed Act 13 in September 2012, and the Act largely eliminated the ability of local governments to restrict oil and gas operations through zoning. The Pennsylvania Supreme Court overturned Act 13 in December 2013.
This Article reviews how Act 13 came to be, highlights the key provisions of ...
A Dubious Exercise Of Case Consolidation: Center For Biological Diversity V. Bp America Production Co., 2014 Boston College Law School
A Dubious Exercise Of Case Consolidation: Center For Biological Diversity V. Bp America Production Co., Rebecca M. Mitchell
Boston College Environmental Affairs Law Review
The explosion of the Deepwater Horizon and the dispersal of millions of gallons of oil into the Gulf of Mexico in 2010 generated a mass of litigation. To organize and manage this complex mass, the U.S. District Court for the Eastern District of Louisiana created “pleading bundles,” which consolidated similar cases, and provided that each bundle must file a single complaint on behalf of the entire group. In Center for Biological Diversity v. BP America Production Co., the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of most of the Center for ...
Trouble In The Melting Arctic: The Epa’S Failure To Impose Air Pollution Control Measures, 2014 Boston College Law School
Trouble In The Melting Arctic: The Epa’S Failure To Impose Air Pollution Control Measures, Christopher Warren
Boston College Environmental Affairs Law Review
In 2010, the EPA approved two permits for Shell to begin offshore exploratory drilling in the Arctic’s Chukchi and Beaufort Seas with the drillship Discoverer. REDOIL, a group representing the rights of the region’s indigenous peoples, contested the permits and argued that they violated the Clean Air Act by failing to require best available control technology (BACT) for emissions from the operation’s associated fleet of service vessels. In Resisting Environmental Destruction of Indigenous Lands (REDOIL) v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the Ninth Circuit found that the Act is ambiguous ...