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Full-Text Articles in Law

Sobre La Autorización Presidencial Para La Ejecución De Labores Mineras En Lugares De Interés Científico Para Efectos Mineros, Marcelo Mardones Jan 2009

Sobre La Autorización Presidencial Para La Ejecución De Labores Mineras En Lugares De Interés Científico Para Efectos Mineros, Marcelo Mardones

Marcelo Mardones

No abstract provided.


It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter Jan 2009

It's Time: Petroleum Policy Change For Sustainable Development In The Australian Offshore Upstream Petroleum Sector, Tina Hunter

Tina Hunter

This paper argues that Australia’s present petroleum policy does not encourage the sustainable development of State-owned offshore petroleum resources. It outlines the development of Australia's petroleum policy, highlighting the current commercial policy focus on international competitiveness, which fails to contribute to the sustainable development of the petroleum resources for present and future generations. In order to generate policy options for Australia to encourage sustainable development of its petroleum resources, this paper examines the petroleum policy framework of Norway, which is viewed as an example of best practice in the sustainable development of petroleum resources for the benefit of present and …


Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville Jan 2009

Carbon Regulation And Its Impact On The Appalachian Basin: Why The Coal-Fired Energy Industry In Appalachia Should Embrace, Prepare For, And Help Shape A Comprehensive Legislative Scheme That Limits Greenhouse Gas Emissions, Mark L. Belleville

Mark L. Belleville

The premise of this article – the coal-fired energy industry in Appalachia should embrace, prepare for, and help shape a comprehensive federal legislative scheme that limits carbon dioxide and other greenhouse gas emissions – may sound counterintuitive. Why would an industry that emits greenhouse gases (GHGs) get on board with a national plan to limit GHG emissions? The reason is threefold. First, some form of regulation limiting emissions is inevitable. Second, in many respects, a comprehensive federal scheme is preferable to the current patchwork that exists. Finally, a comprehensive federal scheme can be tailored to be advantageous (or at least …


Prior Appropriation Doctrine Materials (Vol. 2), Owen Anderson Dec 2008

Prior Appropriation Doctrine Materials (Vol. 2), Owen Anderson

Owen L. Anderson

No abstract provided.


Introduction: North Dakota's Energy Landscape, Owen Anderson Dec 2008

Introduction: North Dakota's Energy Landscape, Owen Anderson

Owen L. Anderson

No abstract provided.


Subsurface Trespass After Coastal V. Garza, Owen Anderson Dec 2008

Subsurface Trespass After Coastal V. Garza, Owen Anderson

Owen L. Anderson

No abstract provided.


International Petroleum Exploration And Exploitation Agreements (Author Of Two Chapters And Editor Of Several), Owen Anderson Dec 2008

International Petroleum Exploration And Exploitation Agreements (Author Of Two Chapters And Editor Of Several), Owen Anderson

Owen L. Anderson

No abstract provided.


Geologic Co2 Sequestration: Who Owns The Pore Space?, Owen L. Anderson Dec 2008

Geologic Co2 Sequestration: Who Owns The Pore Space?, Owen L. Anderson

Owen L. Anderson

No abstract provided.


Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan Dec 2008

Ripe Standing Vines And The Jurisprudential Tasting Of Matured Legal Wines – And Law & Bananas: Property And Public Choice In The Permitting Process, Donald J. Kochan

Donald J. Kochan

From produce to wine, we only consume things when they are ready. The courts are no different. That concept of “readiness” is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to permitting decisions. The courts largely hold that a single permit denial does not give them enough information to evaluate whether the denial is in violation of law. As a result of this jurisprudential reality, regulators with discretion have an incentive to use their power to extract rents from those that need their permission. Non-justiciability of permit denials …