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Oil, Gas, and Mineral Law

Faculty Articles and Other Publications

Energy policy

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Full-Text Articles in Law

Shale Gas And Clean Energy Policy, Joseph P. Tomain Jan 2013

Shale Gas And Clean Energy Policy, Joseph P. Tomain

Faculty Articles and Other Publications

If we look behind the numbers on energy consumption, how much of that declining consumption is attributable to increases in energy efficiency and how much is attributable to a poor economy? If we look more closely at shale gas production, particularly when we consider hydraulic fracturing, what environmental costs are associated with developing this domestic resource? And, from a broader perspective, what role should natural gas, including shale gas, play in the country's clean energy future? Will we continue to favor fossil-fuel incumbents at the expense of new entrants in renewable resources and energy efficiency? This Article will address these …


The Rule Of Capture: Government And The Oil Industry, Joseph P. Tomain Jan 1984

The Rule Of Capture: Government And The Oil Industry, Joseph P. Tomain

Faculty Articles and Other Publications

The Oil Follies of 1970-1980 by Robert Sherrill, is a broad account of an important decade for energy law and politics. In a capsule review of the book, I noted that it is a journalistic, rather than an academic, look at the theory of capture as a way of talking about government regulation. Because Sherrill was writing for a predominantly lay audience, he did not undertake a systematic and rigorous analysis of the legal regulations concerning the petroleum industry. Nevertheless, his book does provoke a serious question: Is Big Oil bad, and if so, how should government regulate it? This …