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Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding 2014 SelectedWorks

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 2014 SelectedWorks

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), Ross Keogh 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?, Richard M. Re 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, Nicholas R. House 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 ...


A Dubious Exercise Of Case Consolidation: Center For Biological Diversity V. Bp America Production Co., Rebecca M. Mitchell 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, Christopher Warren 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 ...


Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas 2014 Western University

Implementing The Policy Of The U.N. Declaration On The Rights Of Indigenous Peoples, Roxanne T. Ornelas

The International Indigenous Policy Journal

On September 13, 2007, the United Nations General Assembly voted to adopt the Declaration on the Rights of Indigenous Peoples (UNDRIP). This was an historic event as work on UNDRIP had been ongoing for 30 years before its passage. Today, UNDRIP provides a framework for addressing human rights protections for Indigenous peoples globally. This article examines the significance of UNDRIP as a public policy tool for developing national policy to support future resource and land management consultations that are based on free, prior, and informed consent.


Deepwater Horizon And The Law Of The Sea: Was The Cure Worse Than The Disease?, Grant Wilson 2014 Boston College Law School

Deepwater Horizon And The Law Of The Sea: Was The Cure Worse Than The Disease?, Grant Wilson

Boston College Environmental Affairs Law Review

The number 4.9 million is commonly known as the number of barrels of crude oil that entered the Gulf of Mexico during the Deepwater Horizon oil spill in 2010. Less known, but perhaps equally disconcerting, is the number 1.7 million—the number of gallons of Corexit, a toxic dispersant used to mitigate oil spills, that was also released into the Gulf of Mexico. Some observers claim that Corexit spared shorelines, wetlands, and beaches from the worst of the oil spill. Others, however, argue that Corexit was at best a massive ecotoxicological experiment that could impair the marine environment ...


Trading Up Kyoto: A Proposal To Amend The Protocol, Part I, Deepa Badrinarayana 2014 Boston College Law School

Trading Up Kyoto: A Proposal To Amend The Protocol, Part I, Deepa Badrinarayana

Boston College Environmental Affairs Law Review

This is the first of two Articles that analyze the dynamic and complex relation between international trade law and the Kyoto Protocol. These Articles argue that the Kyoto Protocol undermines efforts to negotiate a meaningful climate change treaty, and alternatively, they propose a new treaty framework to replace the Protocol. This first Article sets out the trade and climate treaty conflict and demonstrates that the problem cannot be addressed within the current framework of international trade law. Developing nations that are now emerging economies and major greenhouse gas emitters are not bound by targeted emissions reduction obligations under the Kyoto ...


Third Party Access To Infrastructure In The United Kingdom Continental Shelf: An Unhappy Mix Of Heavy-Handed Regulation And Light-Handed Regulation, Yanal Abul Failat 2014 SelectedWorks

Third Party Access To Infrastructure In The United Kingdom Continental Shelf: An Unhappy Mix Of Heavy-Handed Regulation And Light-Handed Regulation, Yanal Abul Failat

Yanal Abul Failat

“An unhappy mix of poorly-drafted legislation; Statutory Guidance relative to the Ministerial power which is unfit for purpose; and a well-meaning but essentially useless industry code of best practice.”(Gordon 2012) The objective of this paper is to provide a synopsis on both hard law and soft law instruments addressing third-party access (“TPA”) to infrastructure in the UKCS. Firstly, the paper will outline the scope and purpose of TPA; followed by an outline and evaluation of the regulatory regime under the recently enacted Energy Act 2011 (“Act”) and the Infrastructure Code of Practice (“ICOP”). Finally, it will provide a conclusion ...


Investor Security In The Energy Sector: Comparative Analysis Of United States And European Union, Jeffery R. Ray 2014 SelectedWorks

Investor Security In The Energy Sector: Comparative Analysis Of United States And European Union, Jeffery R. Ray

Jeffery R Ray

No abstract provided.


Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. McTyre 2014 SelectedWorks

Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. Mctyre

Nicolas A. McTyre

No abstract provided.


Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock 2013 Seattle University School of Law

Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock

Seattle Journal for Social Justice

No abstract provided.


Corruption, Constitutions And Crude In Latin America, Fredrick V. Perry, Scheherazade S. Rehman 2013 SelectedWorks

Corruption, Constitutions And Crude In Latin America, Fredrick V. Perry, Scheherazade S. Rehman

Fredrick V. Perry

This paper examines the perception of corruption that exists throughout Latin America, and analyses the importance of the institutional environment in Latin American countries, which are both richly endowed with and dependent on oil and natural gas. First, we look at corruption generally in the region and then carry our analysis by looking at various countries’ GDP per capita versus several indices measuring different dimensions of countries’ economic development, political progress, and social performance. We also combine corruption indices and separate them by typology of corruption in order to investigate the particular facets of corruption that pose the greatest impediment ...


Moerman V. Prairie Rose Resources, Inc., Carolyn A. Sime 2013 The University of Montana School of Law

Moerman V. Prairie Rose Resources, Inc., Carolyn A. Sime

Public Land and Resources Law Review

No abstract provided.


Drowning In A Sea Of Black Gold: Investments In Kazakhstan’S Oil Sector Of The Caspian Sea And The United States’ Energy Security, Olga A. Voinarevich 2013 SelectedWorks

Drowning In A Sea Of Black Gold: Investments In Kazakhstan’S Oil Sector Of The Caspian Sea And The United States’ Energy Security, Olga A. Voinarevich

Olga A Voinarevich

No abstract provided.


Illusory Control Of State Controlled Resources Through Stabilisation Clauses: Renegotiation Clauses May Save The Contract, Jeffery R. Ray 2013 SelectedWorks

Illusory Control Of State Controlled Resources Through Stabilisation Clauses: Renegotiation Clauses May Save The Contract, Jeffery R. Ray

Jeffery R Ray

The stabilisation clause, in oil or gas production sharing agreements, is a tool that is used to address investor security. The clause tends to create unintended effects when extraneous events, such as the price of oil, change the market. This article explores the ability, and potential inability, of the renegotiation clause to mitigate extraneous events from destroying the commercial intent of the original bargain.


Oil And Gas Joint Operating Agreements: Default Provisions, A Dilemma By Default, Yanal Abul Failat, Birgitte Jensen 2013 SelectedWorks

Oil And Gas Joint Operating Agreements: Default Provisions, A Dilemma By Default, Yanal Abul Failat, Birgitte Jensen

Yanal Abul Failat

English law is often the law of choice in complex and high value contracts where issues such as remedies, default, limitation of liability and financing are paramount. Further, English law affords JV partners comfort that their JV agreement will be construed in accordance to its own terms and cannot be declared void on technical grounds as no codified structure exists. However, as the attitudes of the English courts remain uncertain on the question of forfeiture and whether such a remedy would be held to be a penalty, JV partners must tread carefully when agreeing the default provisions in their JOA ...


North Dakota: Flipping The Bird At The Migratory Bird Treaty Act Since 2012, Krisztina Nadasdy 2013 Boston College Law School

North Dakota: Flipping The Bird At The Migratory Bird Treaty Act Since 2012, Krisztina Nadasdy

Boston College Environmental Affairs Law Review

Under the Migratory Bird Treaty Act (MBTA) it is a federal misdemeanor to kill a migratory bird “by any means, or in any manner.” In 2012, three oil and gas companies operating in the Bakken region of North Dakota were charged with violations of the MBTA after dead and oiled birds were found in and around their oil reserve pits. In United States v. Brigham Oil & Gas, L.P., the companies challenged the violations by claiming that the MBTA applied only to conduct directed at birds, and not to lawful commercial activities that might result in the incidental death of ...


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