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Recent Articles in Oil, Gas, and Mineral Law
Recent Legal Developments In State Oil And Gas Administrative Hearings, Patrick H. Martin 
Pepperdine University
Recent Legal Developments In State Oil And Gas Administrative Hearings, Patrick H. Martin
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon 
Pace University
Hydrofracking: State Preemption, Local Power, And Cooperative Governance, John R. Nolon
Pace Law Faculty Publications
Advocates for the gas drilling technology known as hydraulic fracturing, or fracking, argue that it will bring significant economic benefits to the private and public sectors. Its opponents dispute these claims and point to significant environmental and public health risks associated with fracking—risks that must be considered in adopting government regulations needed to protect the public interest. One of the many issues raised by fracking is which level of government should regulate which aspects of the practice. This debate is complicated by the fact that the risks associated with fracking raise concerns of federal, state, and local importance and ...
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup Pepperdine University
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Top Leases And The Rule Against Perpetuities, J. Suzanne Hill Pepperdine University
Top Leases And The Rule Against Perpetuities, J. Suzanne Hill
Pepperdine Law Review
The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones Pepperdine University
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
Pepperdine Law Review
An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.
The Regulation Of Mining And Mining Waste
In The European Union, Yvonne Scannell 
Washington & Lee University School of Law
The Regulation Of Mining And Mining Waste In The European Union, Yvonne Scannell
Washington and Lee Journal of Energy, Climate, and the Environment
This article reviews EU law relating to the regulation of mining and mining waste, liability for environmental damage caused by mining, remedies for environmental damage caused by mining, mine closure obligations and the nature of financial guarantees required to ensure the proper performance of environmental obligations, as well as developments in EU law which have resulted in the elucidation of human rights available at a supranational level to those subjected to severe pollution from mining activities. It notes that much of the world’s mineral resources are located in developing countries which have less sophisticated environmental regulations and greater potential ...
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson 
Seattle University School of Law
The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson
Seattle University Law Review
Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that ...
The Hope Natural Gas Case And Its Impact On State Utility Regulation 
University of Maryland Francis King Carey School of Law
The Hope Natural Gas Case And Its Impact On State Utility Regulation
Maryland Law Review
No abstract provided.
Un-Obtainium: The Quest For Rare Earth Elements, Brahm Heyman 
University of Puget Sound
Un-Obtainium: The Quest For Rare Earth Elements, Brahm Heyman
International Political Economy Senior Theses
The 17 "rare earth elements" are essential for the development of new technologies. Over the last several decades, China has established a virtual monopoly on the rare earth industry, producing over 97% of the world's current demand. This was achieved by effectively undercutting other producers who stopped competing in this market. In 2010, in an effort to bolster its domestic market, China decided to reduce the amount of rare earth elements that it would export. This situation can be used to consider China's relations with the rest of the world from two perspectives. (1) The realist perspective views ...
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. McKinlay 
Maurer School of Law: Indiana University
Regulation, Renegotiation, And Reform: Improving Transnational Public-Private Partnerships In The Wake Of The Gulf Oil Spill, John J. Mckinlay
Indiana Law Journal
No abstract provided.
The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti Pace University
The Illusion Of The Blue Flame: Water Law And Unconventional Gas Drilling In New York, Anne Marie Garti
Pace Law School Student Publications
This article explores the question of whether natural gas can still be considered a clean fuel by probing the relationship of water law and hydraulic fracturing in New York State. The paper begins by explaining the geology of tight shales, the engineering techniques needed to extract gas from solid rock, and the density and location of drilling that would be allowed under New York State law. Relying on information provided by the New York State Department of Environmental Conservation, scientific studies, and press accounts of the unprecedented citizen advocacy on this matter, it goes on to show the sharp distinction ...
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