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The Enforceability Of Consent-To-Assign Provisions In Texas Oil And Gas Leases, T. Ray Guy, Jason Wright 2018 Weil, Gotshal & Manges

The Enforceability Of Consent-To-Assign Provisions In Texas Oil And Gas Leases, T. Ray Guy, Jason Wright

SMU Law Review

Oil and gas leases are unique instruments that, on their face, appear to be contracts or traditional landlord–tenant leases. Indeed, landowners often desire to have them treated as such by including provisions giving a lessor power to limit or control any assignment of the lease. Typically, this takes the form of a consent-to-assign provision seen in many types of ordinary contracts and leases. In Texas, however, an oil gas lease actually conveys a fee simple property interest; and property law, far more than contract or landlord–tenant law, greatly disfavors any restraint that acts to restrict the free transferability ...


Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie McCarthy 2018 Barry University School of Law

Bait And Switch: Taking Native Species On And Off The List Due To Invasive Species, Connie Mccarthy

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned 2018 Barry University School of Law

Water Is Life: The Native American Tribal Role In Protecting Natural Resources, Susan M. Larned

Environmental and Earth Law Journal (EELJ)

No abstract provided.


From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall 2018 Barry University School of Law

From Land Or From Air: Why A Unified Energy Resource Scheme Is Necessary When The Answer Is Both, J. Brent Marshall

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor 2018 Barry University School of Law

Rethinking "Imminent Harm" As It Relates To Asian Carp In Lake Michigan And Other Invasive Species, Philip S. Traynor

Environmental and Earth Law Journal (EELJ)

No abstract provided.


Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore III 2018 St. Mary's University School of Law

Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey 2018 Alexander Blewett III School of Law at the University of Montana

Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey

Public Land and Resources Law Review

The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution actions ...


California V. U.S. Bureau Of Land Management, Oliver F. Wood 2018 Alexander Blewett III School of Law at the University of Montana

California V. U.S. Bureau Of Land Management, Oliver F. Wood

Public Land and Resources Law Review

The United States District Court for the Northern District of California granted a preliminary injunction against the Bureau of Land Management from implementing the Suspension Rule, which would delay the requirements of the Waste Prevention, Production Subject to Royalties, and Resource Conservation Rule. Additionally, the court denied the BLM and intervening third parties’ motion to transfer venue to the District of Wyoming. The court held the plaintiffs were entitled to a preliminary injunction because the BLM did not provide a reasoned analysis for the Suspension Rule. This failure to provide meaningful notice and comment was an arbitrary and capricious abuse ...


Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly 2018 Alexander Blewett III School of Law at the University of Montana

Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly

Public Land and Resources Law Review

Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.


"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee 2018 Boston College Law School

"Bears Need Room To Roam": The Ninth Circuit's Questionable Interpretation Of Critical Habitat Designation, Katherine Lee

Boston College Law Review

In February 2016, in Alaska Oil & Gas Ass’n v. Jewell, the United States Court of Appeals for the Ninth Circuit upheld a decision by the U.S. Fish and Wildlife Service to designate 187,000 square miles in northern Alaska as critical polar bear habitat. The Ninth Circuit rejected the reasoning of the District Court for the District of Alaska which found that the FWS failed to meet the “standard of specificity” required by the Endangered Species Act in determining what geographical areas constituted critical habitat. Rather, the Ninth Circuit focused on the ESA’s broad statutory purposes of ...


The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith 2018 University of New Mexico - Main Campus

The New Mexico Professional Corporation, Robert J. Desiderio, Hugh J. Ault, James W. Smith

Robert Desiderio

No abstract provided.


The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr. 2018 UIdaho Law

The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.

Idaho Law Review

This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.


Recent Case Decisions, 2018 University of Oklahoma College of Law

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden 2018 University of Oklahoma College of Law

Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble 2018 University of Oklahoma College of Law

Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella 2018 University of Oklahoma College of Law

Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Frac Sand, Hydraulic Fracturing, And Implied Covenants: The Potential For Liability, Slate Olmstead 2018 University of Oklahoma College of Law

Frac Sand, Hydraulic Fracturing, And Implied Covenants: The Potential For Liability, Slate Olmstead

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin McCarthy 2018 University of Oklahoma College of Law

Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin Mccarthy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah 2018 University of Oklahoma College of Law

Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Death Of The Joint Venture Exemption In Oil And Gas Securities Regulation, Megan Conner 2018 University of Oklahoma College of Law

The Death Of The Joint Venture Exemption In Oil And Gas Securities Regulation, Megan Conner

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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