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- Villanova Environmental Law Journal (7)
- John C. Dernbach (3)
- Shale Plays in the Intermountain West: Legal and Policy Issues (November 12) (3)
- Erin Daly (2)
- Kenneth T Kristl (2)
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- Notre Dame Journal on Emerging Technologies (2)
- Air Quality Impacts from Oil and Gas Development (January 27) (1)
- All Faculty Scholarship (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Catholic University Law Review (1)
- Faculty Scholarship (1)
- Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20) (1)
- Honors Theses (1)
- Joshua P Fershee (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14) (1)
- Scholarly Publications (1)
- St. Mary's Law Journal (1)
- Student Theses 2015-Present (1)
- University of Michigan Journal of Law Reform (1)
- Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6) (1)
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Articles 1 - 30 of 34
Full-Text Articles in Law
Law And Literature In Pennsylvania: A Changing Landscape, Juliette Gaggini
Law And Literature In Pennsylvania: A Changing Landscape, Juliette Gaggini
Honors Theses
This thesis examines themes of American national identity perpetuated in Pennsylvania surrounding private property through historical, literary and legal analysis. Ideals of private property and land ownership are broken into three transitions throughout Pennsylvania history: the American frontier and initial land claiming by settlers, mass-deforestation and the introduction of widespread agriculture, and finally industrialization and the introduction of mining and fracking. Each of these transitions highlights the physical changes to the region and how they were influenced by American ideals of private property, productivity, and profitability.
Throughout this thesis, I analyze both literary and legal texts to examine societal beliefs …
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Note: The Weakest Link In Greenhouse Gas Emissions Regulation: A Comparative Study Of Methane Waste Law In The United States, Vienna Bottomley
Notre Dame Journal on Emerging Technologies
In this comparative study, I will analyze the various methods employed by states for monitoring and curtailing methane leakage in comparison with approaches that have been employed at the federal level. I will juxtapose the regulatory regimes of Colorado, North Dakota, New York, Pennsylvania, New Mexico, and California with the Obama Administration methane leakage regulations, including the 2016 Bureau of Land Management (BLM) "methane waste rule" regulations that the Trump Administration formally rolled back in September 2018. Finally, I will consider what the failure of the Obama Administration methane leak regulations means for climate change law in the United States …
Note: Fracking Fluids: Regulatory Disclosure And Trade Secret Ingredients, Alison Ibendahl
Note: Fracking Fluids: Regulatory Disclosure And Trade Secret Ingredients, Alison Ibendahl
Notre Dame Journal on Emerging Technologies
The Note reviews current law, policy, and politics that are part of the discussion around disclosing fracking fluid trade secrets. Part I of this paper provides a background of fracking, why it is valuable, and intellectual property regimes used by owners of fracking relating to intellectual property. Part II reviews the regulatory takings doctrine, trade secret law and the interaction between them. Current disclosure laws, the policy considerations of disclosure law, and political attitudes towards fracking are discussed in Part III. This review concludes with general comments on current disclosure and the potential changes to regulations.
There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford
There Must Be Something In The Water: Understanding Pfas Contamination Of Groundwater As A National Security Issue, Kylie N. Ford
Student Theses 2015-Present
This report addresses the widespread pollution of domestic groundwater resources with Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) caused by firefighting activities performed at military installations across the United States. Two former military bases in Southeastern Pennsylvania are used as a single case study: the Naval Air Development Center (NADC) in Warminster and the Naval Air Station Joint Reserve Base (NASJRB) in Horsham. Chapter 1 gives a history of domestic military bases from the perspective of the infrastructure buildup and downsizing that occurred over the 20th Century, along with the environmental degradation revealed during brownfield redevelopment. The chapter then gives specifics about …
Applying The Pennsylvania Environmental Rights Amendment Meaningfully To Climate Disruption, Robert B. Mckinstry Jr., John C. Dernbach
Applying The Pennsylvania Environmental Rights Amendment Meaningfully To Climate Disruption, Robert B. Mckinstry Jr., John C. Dernbach
Michigan Journal of Environmental & Administrative Law
The Pennsylvania Constitution contains a unique Environmental Rights Amendment (ERA), which recognizes an individual right to “clean air, pure water, and to the preservation of the natural, scenic, historic and esthetic values of the environment.” The ERA also includes a public trust element that makes “Pennsylvania’s public natural resources . . . the common property of all the people, including generations yet to come.” It makes the Commonwealth the “trustee of these resources,” requiring it to “conserve and maintain them for the benefit of all the people.” Recent decisions by the Pennsylvania Supreme Court (the Court) in Robinson Township v. …
Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti
Does One Size Fit All? The Importance Of State Natural Resource Damage Assessment Laws, Elizabeth Conti
Catholic University Law Review
Natural Resource Damage Assessments (NRDAs) are necessary for the purpose of ensuring restoration and revitalization to natural resources harmed or destroyed by environmental contaminations, whether natural or manmade. Many federal laws such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Federal Water Pollution Control Act (CWA) are available to assess damages to natural resources. However, their effectiveness is limited due to factors such as lack of resources and funding, political intervention, and a multitude of damages to assess spread throughout the country. Many states have taken the lead in enacting NRDA …
The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl
The Devil Is In The Details: Articulating Practical Principles For Implementing The Duties In Pennsylvania's Environmental Rights Amendment, Kenneth Kristl
Kenneth T Kristl
Facing Down The So-Called Agenda 21 'Conspiracy', John Dernbach
Facing Down The So-Called Agenda 21 'Conspiracy', John Dernbach
John C. Dernbach
No abstract provided.
Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl
Robinson Township V. Commonwealth Of Pennsylvania: Examination And Implications, John Dernbach, James May, Kenneth Kristl
Kenneth T Kristl
In Robinson Township v. Commonwealth of Pennsylvania, the Pennsylvania Supreme Court held unconstitutional major parts of Pennsylvania’s “Act 13”—a 2012 oil and gas law designed to facilitate the development of natural gas from Marcellus Shale. In so doing, the Court breathed new life into Article I, Section 27 of Pennsylvania’s constitution, which creates public rights in certain environmental amenities and requires the state to “conserve and maintain” public resources “for the benefit of all the people.” This paper describes the decision, explains some of its immediate implications in Pennsylvania, and also explains its importance for public environmental rights and environmental …
Robinson Township: A Model For Environmental Constitutionalism, Erin Daly, James May
Robinson Township: A Model For Environmental Constitutionalism, Erin Daly, James May
Erin Daly
In Robinson Township v. Commonwealth of Pennsylvania, a plurality of the court held that a controversial law encouraging fracking (“Act 13”) violates the state’s constitutional Environmental Rights Amendment, the provisions of which the court held are “on par” with political rights. The decision highlights the challenges of engaging constitutional environmental provisions but demonstrates that, with sufficient creativity and commitment, meeting these challenges lies well within the bounds of judicial capability and authority. Because courts around the world are increasingly being asked to engage in environmental constitutionalism, and Robinson Township's thorough examination of the issues is instructive, not only for cases …
Ten Good Practices In Environmental Constitutionalism: Structure, Text And Justiciability, James May, Erin Daly
Ten Good Practices In Environmental Constitutionalism: Structure, Text And Justiciability, James May, Erin Daly
Erin Daly
Environmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. This White Paper posits ten “good practices” – those attributes that make effective outcomes more likely, but not assured – in environmental constitutionalism for advancing positive environmental outcomes considering energy, and governance and sustainability. Good practices in environmental constitutionalism can serve as a useful construct for considering the relationship between sustainability, energy and governance. Accordingly, Section A …
Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate
Slides: Public Health Research On Near O&G Development: Challenges And Needs, John L. Adgate
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: John L. Adgate, PhD, MSPH, Professor and Chair, Department of Environmental and Occupational Health, University of Colorado
19 slides
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
Facts, Fiction, And Perception In Hydraulic Fracturing: Illuminating Act 13 And Robinson Township V. Commonwealth Of Pennsylvania, Joshua P. Fershee
Joshua P Fershee
Hydraulic fracturing for oil and natural gas is perhaps the most polarizing energy issue in the United States and around the world, and Pennsylvania has emerged as an example of passionate views both for and against hydraulic fracturing for shale gas. To limit local government restrictions on gas drilling, the Pennsylvania legislature passed Act 13 in September 2012, and the Act largely eliminated the ability of local governments to restrict oil and gas operations through zoning. The Pennsylvania Supreme Court overturned Act 13 in December 2013.
This Article reviews how Act 13 came to be, highlights the key provisions of …
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project
Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)
Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School
34 slides
Slides: Air Monitoring And Litigation Update, John Jacus
Slides: Air Monitoring And Litigation Update, John Jacus
Air Quality Impacts from Oil and Gas Development (January 27)
Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities
23 slides
Next Generation Recycling And Waste Reduction: Building On The Success Of Pennsylvania's 1988 Legislation, John C. Dernbach
Next Generation Recycling And Waste Reduction: Building On The Success Of Pennsylvania's 1988 Legislation, John C. Dernbach
John C. Dernbach
No abstract provided.
Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine
Slides: The Costs And Benefits Of Best Management Practices: Insights From The Marcellus Shale, Timothy J. Considine
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Timothy J. Considine, School of Energy Resources, Department of Economics and Finance, University of Wyoming
15 slides
A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham
A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham
St. Mary's Law Journal
Historically, Texas has boasted a very lucrative oil and gas industry, which has been vital to the state’s successful economy. Due to increased drilling in urban areas, particularly the Barnett Shale, the number of affected surface owners multiplied overnight, attracting attention to oil and gas issues. Legislation has been purported to remedy the longtime conflict in Texas property law caused by the dominance of the mineral estate over the surface estate. But no bill has passed having major policy-change implications. Currently, local governments freely adopt and enforce oil and gas regulations. These ordinances vary from city-to-city, creating inconsistencies for operators …
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Slides: Development Of Shale: Water Resource Concerns And Policy Considerations, Katy Dunlap
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Katy Dunlap, Eastern Water Project Director, Trout Unlimited, Inc., Burdett, NY
24 slides
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Slides: Water And Development Of Unconventional Oil And Gas Resources, Judy Jordan
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
Presenter: Judy Jordan, Oil & Gas Liaison, Garfield County, Rifle, CO
21 slides
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Pooling For Horizontal Wells: Can They Teach An Old Dog New Tricks?, Bruce M. Kramer
Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)
74 pages.
This paper was originally published as:
Bruce M. Kramer, “Pooling for Horizontal Wells: Can They Teach an Old Dog New Tricks?,” 55 Rocky Mt. Min. L. Inst. 8-1, § 8.05 (2009).
Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori
Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori
Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)
Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus
37 slides
Evolving Regulation In The New Energy Boom States, Hannah J. Wiseman
Evolving Regulation In The New Energy Boom States, Hannah J. Wiseman
Scholarly Publications
No abstract provided.
Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach
Sustainable Trends Offer Reason For Hope In Pennsylvania And Nation, John Dernbach
John C. Dernbach
No abstract provided.
Eureka Stone Quarry, Inc. V. Department Of Environmental Protection: The Rocky Results Of Air Quality Violations, Erica Sharkey
Eureka Stone Quarry, Inc. V. Department Of Environmental Protection: The Rocky Results Of Air Quality Violations, Erica Sharkey
Villanova Environmental Law Journal
No abstract provided.
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
When A Bright Line Rule Cannot Be Found, Final Appealable Action Of The Pennsylvania Environmental Hearing Board, Casey Murphy
Villanova Environmental Law Journal
No abstract provided.
Waste Management Disposal Services Of Pennsylvania V Dep: Considering The Parameters Of The Deliberative Process Privilege In The Ehb Setting, Megan E. Shutte
Waste Management Disposal Services Of Pennsylvania V Dep: Considering The Parameters Of The Deliberative Process Privilege In The Ehb Setting, Megan E. Shutte
Villanova Environmental Law Journal
No abstract provided.
Developing A Suitable Water Allocation Law For Pennsylvania, Joseph W. Dellapenna
Developing A Suitable Water Allocation Law For Pennsylvania, Joseph W. Dellapenna
Villanova Environmental Law Journal
No abstract provided.
The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst
The Ehb: Dep's Friend Or Foe - Environmental Hearing Board Review, William Hofmann, Steven Horst
Villanova Environmental Law Journal
No abstract provided.
Redland Soccer Club, Inc. V. Department Of The Army: The Recovery Of Medicial Monitoring Costs Under Hsca's Citizen Suit Provision, Craig A. Stevens
Redland Soccer Club, Inc. V. Department Of The Army: The Recovery Of Medicial Monitoring Costs Under Hsca's Citizen Suit Provision, Craig A. Stevens
Villanova Environmental Law Journal
No abstract provided.