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Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas 2015 Boston College Law School

Cleaning Up The Colonias: Municipal Annexation And The Texas Fracking Boom, Alejandra C. Salinas

Boston College Environmental Affairs Law Review

For the hundreds of thousands of Americans who reside in poor, unincorporated settlements along the Texas-Mexico border called Colonias, a new source of hope has arisen from the unlikeliest of sources: fracking. Until recently, many Colonias were just shantytowns riddled with costly infrastructure problems that caused various environmental health concerns. Through fracking in South Texas’ Eagle Ford Shale, Colonias are now part of one of the greatest oil booms this country has ever seen. The Eagle Ford Shale’s economic output has generated billions in tax revenue across Texas and has transformed the value of the land that the Colonias ...


Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher 2015 Boston College Law School

Communities In The Dark: The Use Of State Sunshine Laws To Shed Light On The Fracking Industry, Kellie Fisher

Boston College Environmental Affairs Law Review

Although oil and gas companies continue to maintain that fracking is safe and there is no risk of injury, personal accounts from residents of areas with a fracking industry presence suggest otherwise. Oil and gas companies utilize a variety of mechanisms to ensure secrecy within the industry. Through gaps in federal regulation, the classification of fracking fluid as a trade secret, sealed settlements, and confidentiality orders imposed on people injured by fracking, access to information about the industry—including chemicals used and harm to residents—is minimal. This Note argues that the implementation of state sunshine laws is one possible ...


Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson 2014 College of William & Mary Law School

Managing The Risks Of Shale Gas Development Using Innovative Legal And Regulatory Approaches, Sheila Olmstead, Nathan Richardson

William & Mary Environmental Law and Policy Review

Booming production of oil and gas from shale enabled by hydraulic fracturing technology has led to tension between hoped-for economic benefits and feared environmental and other costs, with great associated controversy. Studies of how policy can best react to these challenges and how it can balance risk and reward have focused on prescriptive regulatory responses and, to a somewhat lesser extent, voluntary industry best practices. While there is undoubtedly room for improved regulation, innovative tools are relatively understudied. The liability system predates environmental regulation yet still plays an important—and in some senses predominant—role. Changes to that system, including ...


Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet 2014 Seattle University School of Law

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change ...


Conceptualizing Climate Justice In Kivalina, Marissa Knodel 2014 Seattle University School of Law

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations ...


Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman 2014 Seattle University School of Law

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well ...


Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood 2014 Seattle University School of Law

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss ...


Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael LeVine, Peter Van Tuyn, Layla Hughes 2014 Seattle University School of Law

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what ...


Proportionality: An Addition To The International Centre For The Settlement Of Investment Disputes’ Fair And Equitable Treatment Standard, Anne Marie Martin 2014 Boston College Law School

Proportionality: An Addition To The International Centre For The Settlement Of Investment Disputes’ Fair And Equitable Treatment Standard, Anne Marie Martin

Boston College International and Comparative Law Review

The fair and equitable treatment standard, established in state law, customary law, and bilateral investment treaties, requires that states treat investors in a consistent and transparent manner. With its decision in Occidental Petroleum Corp., Occidental Exploration and Production Company v. Republic of Ecuador, the International Centre for the Settlement of Investment Disputes (ICSID) interpreted the ever-expanding fair and equitable treatment standard to include the principle of proportionality. After concluding that Ecuador’s termination of the investor’s contract was a disproportionate response to the investor’s breach of that contract, the ICSID Tribunal awarded an incredible $1.77 billion in ...


Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt 2014 University of Michigan Law School

Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt

Michigan Law Review First Impressions

The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether ...


The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler 2014 University of Georgia School of Law

The U'Wa Struggle To Protect Their Cultural Lands: A Framework For Reviewing Questions Of Sovereignty And The Right To Environmental Integrity For Indigenous Peoples, Jenny R. Culler

Georgia Journal of International & Comparative Law

No abstract provided.


Getches Wilkinson Center Newsletter, Fall 2014, University of Colorado Boulder. Getches Wilkinson Center for Natural Resources, Energy, and the Environment 2014 University of Colorado Law School

Getches Wilkinson Center Newsletter, Fall 2014, University Of Colorado Boulder. Getches Wilkinson Center For Natural Resources, Energy, And The Environment

Getches Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.


Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany DeBord 2014 The George Washington University Law School

Sustaining An Unsustainable Fuel Source: How Lifecycle Greenhouse Gas Limitations Can Improve The Sustainability Of The Tar Oil Industry, Brittany Debord

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 2014 American University Washington College of Law

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, Rebecca M. Bratspies 2014 CUNY 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, Stephen M. Johnson 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, Susana C. Mijares Peña 2014 University of Western Ontario, Law Faculty

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 ...


Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher 2014 Pace University School of Law

Highest Court In New York Affirms Local Power To Regulate Hydrofracking, John R. Nolon, Jessica A. Bacher

Pace Law Faculty Publications

In one of the most anxiously awaited New York land use decisions in recent memory, the State’s highest court held that local governments have the power to regulate hydrofracking under their authority to enact zoning ordinances. Both the Towns of Dryden and Middlefield enacted zoning laws that entirely banned gas drilling and associated activities within their borders. The plaintiffs, a private gas company in one case and a private property owner in the other, claimed that a supersession clause in the State Oil, Gas, and Solution Mining Law (OGSML) preempted local authority. After reviewing the plain language of the ...


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 2014 Hamline University School of Law

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 2014 SelectedWorks

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.


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