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Recent Case Decisions, Jordan D. Volino, John C. Curtis III, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Daniel Franklin 2015 University of Oklahoma College of Law

Recent Case Decisions, Jordan D. Volino, John C. Curtis Iii, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Oil And Gas Title Examination: The Basics, David D. Hunt II 2015 GableGotwals

Oil And Gas Title Examination: The Basics, David D. Hunt Ii

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Marketable Product: What Did Kuntz Say? What Did Merrill Say?, Owen L. Anderson 2015 University of Oklahoma Norman Campus

Marketable Product: What Did Kuntz Say? What Did Merrill Say?, Owen L. Anderson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander 2015 South Texas College of Law

Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part One), Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction, Daniel Franklin 2015 University of Oklahoma College of Law

Editor's Introduction, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella 2015 Nova Southeastern University

Proposed Implementing Procedures For Restore Act Awards Under Nepa, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. In response, Congress enacted the federal RESTORE Act to set up a mechanism for compensating the victims of the oils spill and to Repair the environmental harm caused by the oil spill.

This article will examine the effectiveness of the regulatory scheme in place ...


The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella 2015 Nova Southeastern University

The Federal Restore Act And Its Impact On The Gulf States Following The Deepwater Horizon Oil Spill, Sara Mammarella

Sara Mammarella

On April 20, 2010, what has been described as “the worst oil spill in U.S. history,” the BP Deepwater Horizon oil spill, occurred off the Louisiana coast, affecting a five-state area in the Gulf region (Florida, Alabama, Louisiana, Mississippi, and Texas), dumping an estimated 4.9 billion barrels of oil into the Gulf of Mexico. The harms that occurred were widespread and devastating: eleven people were killed, 1,000 miles of coastline was degraded, ocean life and beaches were destroyed, and the local economy of the region was adversely impacted, especially fishing and tourism industries. In response, Congress passed ...


Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman 2015 University of San Diego

Amending Wto Rules To Alleviate Constraints On Renewable Energy Subsidies, Rick A. Waltman

Rick A. Waltman

The rate of renewable energy adoption will largely determine the success of climate change mitigation efforts. Subsidies for the renewable energy industry, currently far outweighed by fossil fuel subsidies, will be necessary to establish greater adoption of renewable energy technologies. Because WTO rules impose constraints on subsidies based on ideals of international market freedom above all else, potential for nations to develop their domestic renewable energy industries is severely limited. This article proposes some possible amendments to the GATT, the SCM Agreement, and the TRIMs Agreement that Members might consider in future trade negotiations.


Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli 2015 Maurer School of Law: Indiana University

Fracking And The Rural Poor: Negative Externalities, Failing Remedies, And Federal Legislation, Matthew Castelli

Indiana Journal of Law and Social Equality

This Note examines the relationship between the rural poor and the negative externalities of hydraulic fracturing (“fracking”). It asserts that the rural poor are disproportionately burdened with fracking’s negative externalities and that comprehensive, national regulation is needed because current legal methods are insufficient to internalize these costs. The argument is made in four parts: describing fracking’s externalities; assessing their impact on the rural poor; analyzing current legal regimes; and proposing an equitable regulatory framework based on cooperative federalism.

Fracking produces three main categories of negative externalities: water, air, and land contamination. Water contamination can be caused by migration ...


Bucking White Stallion: Why Epa Should Have Prohibited Cost Considerations From Clean Air Act Egu Regulatory Designations And Why The D.C. Circuit Would Have Upheld It, Samuel Worth 2015 Boston College Law School

Bucking White Stallion: Why Epa Should Have Prohibited Cost Considerations From Clean Air Act Egu Regulatory Designations And Why The D.C. Circuit Would Have Upheld It, Samuel Worth

Boston College Environmental Affairs Law Review

In 2012 the Environmental Protection Agency issued a Final Rule subjecting coal and oil-fired electric utility steam generating units, or EGUs, to EPA regulation under section 112 of the Clean Air Act, officially listing them as “source-categories” of Hazardous Air Pollutant, or HAP, emissions. Additionally, the agency held that situation-specific factors, such as implementation and compliance costs, should not be considered when designating EGUs for regulation. In White Stallion Energy Center, LLC v. U.S. Environmental Protection Agency, the U.S. Court of Appeals for the D.C. Circuit held that the CAA does not require EPA to consider implementation ...


Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick VandenBos 2015 University of Montana School of Law

Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos

Public Land and Resources Law Review

In an attempt to stave off what it saw as impending litigation, Shell Gulf of Mexico, Inc. filed suit under the Declaratory Judgment Act against a range of environmental groups opposed to Shell’s oil exploration in the Beaufort and Chukchi seas of Alaska’s Arctic Coast. Shell requested a declaratory judgment that its oil spill response plans, as approved by the Bureau of Safety and Environmental Enforcement, did not violate the Administrative Procedures Act. Although noting the novelty of Shell’s argument, the United States Court of Appeals for the Ninth Circuit concluded the district court had erred in ...


A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke 2015 Boston College Law School

A “Green” Lining: Closing The Door On Environmental Litigants In Bellon Could Lead To More Successful Environmental Challenges In The Future, Brian Bieschke

Boston College Environmental Affairs Law Review

In Washington Environmental Council v. Bellon, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of Article III standing with respect to environmental organizations filing suit under the Clean Air Act. The organizations alleged that Washington state agencies were required to regulate the greenhouse gas emissions of five oil refineries, and that the agencies’ failure to do so caused particularized injuries to plaintiffs’ health and recreational enjoyment because of the impacts of those greenhouse gas emissions on climate change. Applying a three-pronged test requiring plaintiffs to establish injury in fact, causality, and redressability, the court determined ...


Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf 2015 Boston College Law School

Substantial Burden And The Reasonable Necessity Doctrine In Severance Deed Ownership: Whiteman V. Chesapeake Appalachia, Kathryn Scherpf

Boston College Environmental Affairs Law Review

Horizontal severance deeds separate property rights above and below the surface. Sub-surface rights have typically belonged to mineral estate owners, whereas surface rights above have typically belonged to farmers. In West Virginia, courts have traditionally applied a common law trespass doctrine known as reasonable necessity to account for times when these bifurcated rights clash. The reasonable necessity doctrine in West Virginia has evolved over time as state courts have made it more rigorous by requiring that, in exercising their rights, sub-surface mineral estate owners not substantially burden the surface. The U.S. Court of Appeals for the Fourth Circuit’s ...


Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee 2015 Boston College Law School

Dormant Commerce Clause Review: Why The Ninth Circuit Decision In Corey Strayed From Precedent And What The Supreme Court Could Have Done About It, Hwi Harold Lee

Boston College Environmental Affairs Law Review

In 2007, the California state legislature enacted the Low-Carbon Fuel Standard, or LCFS, limiting carbon emissions from transport fuels throughout the fuels’ entire “lifecycle,” by assigning “carbon intensity” scores to each fuel product. These scores are calculated using a variety of measurements, including the amount of carbon emitted while producing the fuels and in transporting them to California. Out-of-state fuel suppliers challenged that the LCFS places an unconstitutional burden on interstate commerce because their products would inevitably have higher carbon intensity scores than their in-state counterparts, based merely on the distance traveled. The dispute reached the U.S. Court of ...


Expanding The Renewable Energy Industry Through Tax Subsidies Using The Structure And Rationale Of Traditional Energy Tax Subsidies, Blake Harrison 2015 University of Michigan Law School

Expanding The Renewable Energy Industry Through Tax Subsidies Using The Structure And Rationale Of Traditional Energy Tax Subsidies, Blake Harrison

University of Michigan Journal of Law Reform

Just as the government invested in oil and gas, it must now invest in new energy sources. In a sense, Americans need history to repeat itself. This Note suggests that Congress should amend the United States Tax Code to further subsidize the renewable energy industry. Congress should use subsidies historically available to the oil and gas industries as a model in its amendments. These subsidies serve as a model for promoting the renewable energy industry because such subsidies were fundamental in facilitating the oil and gas industries’ dominance today. Ultimately, Congress must further subsidize the renewable energy industry to avoid ...


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth 2015 Boston College Law School

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

Boston College Law School Faculty Papers

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well ...


The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth 2015 Boston College Law School

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David A. Wirth

David A. Wirth

This Article asserts that neither Senate advice and consent nor new congressional legislation are necessarily conditions precedent to the United States' becoming a party to a binding agreement to be adopted at the 21st Conference of the Parties to the UN Framework Convention on Climate Change, which is to be held in Paris in December 2015. Depending on the form of such an agreement, which is presently under negotiation, the President's Climate Action Plan could provide sufficient domestic legal authority for the conclusion of all or part of such a binding international instrument as an executive agreement, as well ...


Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang 2015 Lewis & Clark Law School

Shared Sovereignty: The Role Of Expert Agencies In Environmental Law, Michael Blumm, Andrea Lang

Michael Blumm

Environmental law usually features statutory interpretation or administrative interpretation by a single agency. Less frequent is a close look at the mechanics of implementing environmental policy across agency lines. In this article, we offer such a look: a comparative analysis of five statutes and their approaches to sharing decision-making authority among more than one federal agency. We call this pluralistic approach to administrative decisionmaking “shared sovereignty.”

In this analysis, we compare implementation of the National Environmental Policy, the National Historic Preservation Act, the Endangered Species Act, the Clean Water Act, and the Federal Power Act. All of these statutes incorporate ...


Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes 2015 The Catholic University of America, Columbus School of Law

Blue Skies For Black Lung Benefits Act Survivors? Courts' Interpretations Of § 932(L) Following The Enactment Of The Patient Protection And Affordable Care Act, Maureen Hughes

Catholic University Law Review

This Note summarizes the amendments made to the Black Lung Benefits Act (BLBA) following its passage in 1969 through the enactment of the 2010 Patient Protection and Affordable Care Act (PPACA). The Note also addresses the split among the circuits over the meaning of the revised language in 30 U.S.C. § 932(l) (2012), and explains the reasoning of the Third, Fourth, Sixth, and Eleventh Circuits regarding the effect of the PPACA on BLBA benefit eligibility for miners’ dependent survivors. Further, this Note explains the significance of, and necessity in, resolving the confusion over § 932(l), and provides an ...


Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers 2015 University of Colorado Boulder

Preventing Perpetuity: Ensuring Clean Mine Closure Without Water Treatment Into Infinity, Nicholas Clabbers

Nicholas Clabbers

Mine closure is a pressing environmental problem. Done improperly, mine closure can leave behind

an ugly legacy of water and soil pollution from heavy metals and mining byproducts. Many scientific

studies that attempt to quantify and explain the impacts of mine closure, both the formal legal and

policy analysis, are sparse, especially with regards to proposed solutions. This article fills that gap – it

provides an overview of the legal barriers to clean mine closure, a survey of existing law, and a

thorough analysis of a possible framework for improved mine remediation. It advances practical

solutions and works through the steps ...


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