Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Natural Resources Law (9)
- Environmental Law (8)
- Oil, Gas, and Mineral Law (5)
- Administrative Law (4)
- Energy and Utilities Law (4)
-
- Economics (3)
- General Law (3)
- International Law (3)
- Law and Technology (3)
- Commercial Law (2)
- Comparative and Foreign Law (2)
- Contracts (2)
- FERC (2)
- International Trade (2)
- Land Use Planning (2)
- Law and Society (2)
- Legislation (2)
- Military, War and Peace (2)
- Science and Technology (2)
- Agricultural and Resource Economics (1)
- Agricultural pollution (1)
- Agricultural run-off (1)
- Aquaculture and Fisheries (1)
- Asset-backed securities (1)
- BP litigation (1)
- Broaden (1)
- CERCLA (1)
- CWA (1)
- Cap and trade (1)
- Carbon markets (1)
- Publication
- File Type
Articles 1 - 11 of 11
Full-Text Articles in Law
The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt
The National Historic Preservation Act: Preserving History, Impacting Foreign Relations?, Mark P. Nevitt
Mark P Nevitt
The National Historic Preservation Act (NHPA) is a remarkable statutory success story, properly lauded for protecting American historic properties since its passage in 1966. But there is another, more intricate story to the NHPA. Congress added a unique extraterritoriality provision to the NHPA, implementing U.S. obligations under the World Heritage Convention (WHC), a treaty that protects properties of cultural and natural heritage worldwide. This provision requires federal agencies to take into account the effect of any undertaking outside the United States on the applicable nation’s equivalent National Register. Its proper scope and jurisdiction were unclear–until recently.A federal district court ruled …
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
James Thuo Gathii
Third world citizens—parties who often have the most to lose in natural resource contracts between their governments and foreign investors—often have no voice in negotiations of the contracts and consequently have no remedy under contract law when harms occur or when the contracts are not properly enforced. The privity doctrine, which permits contract suits only by parties to the contract, bars these citizens from suing because they were not in privity with any of the contracting parties, despite that these contracts are generally made for the benefit of these citizens. However, some countries have adopted—and this Essay argues other countries …
Management Regimes And Its Impact On The Wetland Fisheries Management In Assam, Ganesh Chandra
Management Regimes And Its Impact On The Wetland Fisheries Management In Assam, Ganesh Chandra
Ganesh Chandra
Assam is endowed with copious aquatic wealth in the form of beels, swamps, ponds and rivers. The floodplain wetlands (beels) extending over one lakh hectare, constitute the most important fishery resource of the state. The beels are considered as one of the most productive ecosystems owing to their characteristic interactions between land and water system. These wetlands are the common property resource and under different management regimes. These wetlands are under various management regimes, i.e., private management (individuals and groups), fishermen cooperative management, Community-based fisheries management (decentralized management, Government works as facilitator) and open access. Most of the unregistered beels …
Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre
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.
Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh
Renewable Energy: Where We Are Now And How Renewable Energy Investment And Development Can Be Expanded, Kevin M. Walsh
Kevin M Walsh
The renewable energy field is currently stifled because many renewable energy developments require tax equity investors to provide additional funds to get the project off the ground and running. The Code provides tax credits to incentivize investors to invest. Currently, the Investment Tax Credit (“ITC”) is the only available credit left for renewable projects placed in service from 2014 on. Tax credits are a step in the right direction to encourage renewable investment; however, the credits are limited in application mostly to large financial institutions. Moreover, investments into one specific renewable energy project can be risky because there is no …
Revisiting Curd V. Mosaic Fertilizer, Llc. A Perversion Of Private Standing Under Section 376.313 Of Florida’S Pollution Discharge Prevention And Recovery Act, Levi L. Wilkes
Levi L Wilkes
No abstract provided.
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Preventing Cold War: Militarization In The Southernmost Continent And The Antarctic Treaty System's Fading Effectiveness, Dillon A. Redding
Dillon A Redding
This note argues that the preservation of Antarctica for peaceful research and internationally cooperative activity as envisioned originally by the Antarctic Treaty in 1961 has gone unrealized amid growing international interest in the strategic advantages offered by Antarctica, including the possibility of large swathes of mineral deposits and optimal locations for satellite stations. Part 1 describes the motivations behind the Antarctic Treaty System (ATS) and outlines the relevant provisions of the Antarctic Treaty. Part 2 examines the military advantages to a state presence in Antarctica and the ways in which the ATS allows for such a presence to be carried …
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
C(R)Ap And Trade: The Brave New World Of Non-Point Source Nutrient Trading And Using Lessons From Greenhouse Gas Markets To Make It Work, Victor B. Flatt
Victor B Flatt
After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have proven very difficult to control. With little likelihood of comprehensive statutory changes, the EPA and the states that administer the Clean Water Act have looked to other regulatory means to address this problem. One of the most prominent has been the use of markets in pollution (particularly for nutrient pollution from run-off) to provide …
Third Party Access To Infrastructure In The United Kingdom Continental Shelf: An Unhappy Mix Of Heavy-Handed Regulation And Light-Handed Regulation, Yanal Abul Failat
Third Party Access To Infrastructure In The United Kingdom Continental Shelf: An Unhappy Mix Of Heavy-Handed Regulation And Light-Handed Regulation, Yanal Abul Failat
Yanal Abul Failat
“An unhappy mix of poorly-drafted legislation; Statutory Guidance relative to the Ministerial power which is unfit for purpose; and a well-meaning but essentially useless industry code of best practice.”(Gordon 2012) The objective of this paper is to provide a synopsis on both hard law and soft law instruments addressing third-party access (“TPA”) to infrastructure in the UKCS. Firstly, the paper will outline the scope and purpose of TPA; followed by an outline and evaluation of the regulatory regime under the recently enacted Energy Act 2011 (“Act”) and the Infrastructure Code of Practice (“ICOP”). Finally, it will provide a conclusion on …
Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. Mctyre
Ferc's Order No. 1000 From A Historical Perspective: Restructuring And Reorganization Of Electric Transmission Markets From 1996 Until Present, Nicolas A. Mctyre
Nicolas A. McTyre
No abstract provided.
Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly
Will More, Better, Cheaper, And Faster Monitoring Improve Environmental Management?, Ryan P. Kelly
Ryan P Kelly
Two critical problems in environmental management are a lack of primary data and the difficulty of assessing the environmental impacts of human activities. Producing the information necessary to address these twin challenges is often difficult and expensive, which impedes decisionmaking in environmental management. I focus here on the possibility of making data collection more powerful and more cost-effective with a suite of analyses made tractable by emerging technology for genetic analysis. More, better, cheaper, and faster information about the planet’s living resources promises to influence a wide range of legal and policy processes—from Clean Water Act compliance and related public …