Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
-
- Public Land & Resources Law Review (3)
- St. Mary's Law Journal (2)
- Articles (1)
- Best Management Practices (BMPs): What? How? And Why? (May 26) (1)
- Elisabeth Haub School of Law Faculty Publications (1)
-
- Michigan Law Review First Impressions (1)
- Natural Resource Development in Indian Country (Summer Conference, June 8-10) (1)
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (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)
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Law
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Virginia Uranium, Inc. V. Warren, Nyles G. Greer
Public Land & Resources Law Review
The Supreme Court of the United States recently ruled that the Atomic Energy Act did not preempt a Virginia law prohibiting uranium mining in the Commonwealth. The Court held that although the Act delegated substantial power over the nuclear life cycle to the Nuclear Regulatory Commission, it offered no indication that Congress sought to strip states of their traditional power to regulate mining on private lands within their borders.
Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly
Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly
Public Land & 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.
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Ulan Galperin, Grace Heusner, Allison Sloto
Elisabeth Haub School of Law Faculty Publications
As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.
On this premise, this Article seeks to make the case for the importance of, and …
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto
Defining And Closing The Hydraulic Fracturing Governance Gap, Joshua Galperin, Grace Heusner, Allison Sloto
Articles
As recent examples in Texas and Colorado have shown, if local governments ban fracking, they risk pushback from state governments. This pushback, in turn, can result in preemption making an outright local ban on fracking self-defeating because it could ultimately result in less local control over the impacts of hydraulic fracturing. Given this potentially self-defeating nature of local fracking bans, local governments should address the impacts of fracking through more traditional local governance mechanisms that do not pose as great a risk to local authority.
On this premise, this Article seeks to make the case for the importance of, and …
City Of Longmont Colorado V. Colorado Oil & Gas Association, Arie R. Mielkus
City Of Longmont Colorado V. Colorado Oil & Gas Association, Arie R. Mielkus
Public Land & Resources Law Review
In Colorado, the oil and gas industry's use of hydraulic fracturing, and municipalities’ attempts to restrict where the practice can be done, are at odds. Those in favor of hydraulic fracturing laud the economic benefits and natural gas’s ability to burn cleaner than coal, while those in opposition warn of potential adverse environmental impacts including the strain on water resources in the arid west. The City of Longmont was sued following its enactment of an amendment outlawing hydraulic fracturing within city limits. The City’s amendment was found to be preempted by state law, and thus could not remain in force. …
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Applying Administrative Law Principles To Hydraulic Fracturing, Joel M. Pratt
Michigan Law Review First Impressions
The practice of hydraulic fracturing-or fracking-has become a major focus of policymakers in recent years. Federal, state, and local regulations on fracking create a confusing web for industry to navigate, and governmental entities often battle with each other for authority to regulate the practice. The fast and widespread growth of fracking in the United States has therefore exacerbated confusion over who will regulate this booming industry, and courts have so far failed to use sensible principles to resolve inconsistencies among federal, state, and local regulations. When fracking laws conflict, courts traditionally use preemption doctrine-general rules that help judges choose whether …
Slides: Colorado Home Rule And Fracking, Richard Collins
Slides: Colorado Home Rule And Fracking, Richard Collins
Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)
Presenter: Richard Collins, University of Colorado Law School
33 slides
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Slides: Collaborative Planning And Lessons Learned, Matt Sura
Best Management Practices (BMPs): What? How? And Why? (May 26)
Presenter: Matt Sura, University of Colorado Law School
48 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 …
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
Law Casebook Description And Table Of Contents: Constitutional Environmental And Natural Resources Law [Outline], Jim May, Robin Craig
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
6 pages.
"James May, Widener University School of Law" -- Agenda
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare
St. Mary's Law Journal
Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …
Taxation In Indian Country, Richard B. Collins
Taxation In Indian Country, Richard B. Collins
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.