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Full-Text Articles in Law

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley Jan 2018

Taking The Public Out Of Public Lands: Shifts In Coal-Extraction Policies In The Trump Administration, Jessica Owley

Journal Articles

No abstract provided.


Hey New York, You Can Frack: An Examination Of How Liquefied Petroleum Gas Sidesteps New York’S Fracking Ban To Provide A Legal And Practical Approach For Horizontal Drilling In New York’S Marcellus Shale, Kelsey L. Hanson Apr 2017

Hey New York, You Can Frack: An Examination Of How Liquefied Petroleum Gas Sidesteps New York’S Fracking Ban To Provide A Legal And Practical Approach For Horizontal Drilling In New York’S Marcellus Shale, Kelsey L. Hanson

Buffalo Law Review

No abstract provided.


A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare Jan 2013

A New And Improved Energy Reality—It's No Pipedream: Streamlining Permitting Procedures For Certain Classes Of Natural Resource Projects: The Canada-United States Keystone Xl Pipeline, Daniel Hare

Buffalo Environmental Law Journal

In this paper I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modi ing the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national securit), and other significant concerns will still receive the attention and thorough evaluation …


The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben Jan 2013

The Collaborative Forest Landscape Restoration Program: A Panacea For Forest Service Gridlock Or A New Name For Old Saws?, Brett M. Paben

Buffalo Environmental Law Journal

Over the past several decades, the element of management most common to the 155 national forests across the country has been gridlock. Efforts of the US. Forest Service to appease the various interests of environmentalists, recreationists, timber companies, mill operators, and local politicians in management decisions have often led to a stalemate wh1e re the only answer has been to do nothing or very little or face administrative appeals and subsequent litigation from one of the affected interests. In the meantime, our national forests are facing unprecedented environmental threats, including uncharacteristic wildfire, possibly the largest insect infestation in North American …


Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz Oct 2011

Developing The Marcellus Shale: Legal, Regulatory, And Infrastructure Challenges And Their Effect On Downstream Energy Markets, Aaron Stemplewicz

Buffalo Environmental Law Journal

The Marcellus Shale natural gas play is largely considered a "game changer" for the US. energy sector as recent technological breakthroughs in drilling techniques and technologies have made natural gas extraction from this massive play commercially viable. This note not only examines the primary driving forces behind the development of this pla, but also how the extent and pace iwith ihich it is developed will affect doinstream energy markets. In particular three categories of factors are evaluated: legal challenges, regulatory controls, and infrastructure development. Tiwo models of growth and their effect on downstream markets are then proposed and analyzed.


Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto Oct 2011

Scratching The Surface: Does New York's Public Trust Law Prevent Subsurface Access To Natural Gas Below Parkland In The Marcellus Shale?, Susan J. Kraham, Lisa K. Perfetto

Buffalo Environmental Law Journal

The origins of the public trust doctrine ma} be traced back to Roman laiw. The Institutes qf Justinian state: "By the lav of nature these things are common to all mankind - the air running water the sea, and consequently the shores of the sea. " The traditional scope of the public trust doctrine in the United States affirms the public right to use waters for navigation, fishing, and commerce. The precise expression of the doctrine varies from state to state because each state is responsible for applying the public trust doctrine within its borders. New York applies the doctrine …


Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel Oct 2011

Between Huntley And Salem: The Current State Of Municipal Authority In Pennsylvania To Affect Gas Drilling Through Zoning, Dan Raichel

Buffalo Environmental Law Journal

This article examines the scope of Pennsylvania is preemption of municipal authority to zone natural gas drilling activities in light of two relatively recent Pennsylvania Supreme Court decisions interpreting the Pennsylvania Oil and Gas Act and its local ordinance preemption provision. Although these cases define outer boundaries of permissible municipal regulation along the spectrum uf/possible zoning controls - i.e. what types ofordinance provisions would be either definitively permitted or preempted - substantial questions remain as to what extent a municipality may use traditional zoning power to zone gas drilling activities. This paper explores those grey areas, and attempts to assess …


The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho Oct 2011

The Interpretation Of Surface Easements In Severance Deeds As A Limit On Hydraulic Fracturing Practices, Rachel Heron, Justin S. Duclos, Shaun A. Goho

Buffalo Environmental Law Journal

Hydraulic fracturing has driven a boom in natural gas production in the Marcellus Shale. While providing a growing source of domestic energy, this boom also raises signicant environmental concerns. Many of the impacts of hy draulic fracturing predominantly affect the inhabitants of the property where the drilling occurs. Yet when those inhabitants own only the surface estate, they have relatively little influence over whether and how the drilling occurs and will not profit from the gas extraction. This article provides a jurisdictional case stud4 set in West Virginia to assist in understanding the nuances relevant to an interpretation of the …


Creating A Public Plan For New York’S Great Lakes Offshore Wind Power: A Strategy For Energy And Economic Development, Dwight E. Kanyuck, Robert S. Berger May 2008

Creating A Public Plan For New York’S Great Lakes Offshore Wind Power: A Strategy For Energy And Economic Development, Dwight E. Kanyuck, Robert S. Berger

Other Scholarship

This report evaluates the legal and policy considerations required for developing the energy resource of New York's Great Lakes Offshore Wind (NYGLOW). The potential economic development, environmental and energy benefits of NYGLOW are discussed and a strategy for siting, environmental review, and incentives to gain public acceptance and attract significant investment in NYGLOW is recommended, drawing on approaches used for developing Offshore Wind elsewhere in North America. The approaches of New Jersey, Texas, and Ontario are examined in some detail. In addition, the Quebec Provincial economic development model of purchasing wind power and requiring a local manufacturing component is discussed. …


Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard Oct 2006

Examining The 2005 U.S. Forest Service Planning Rule: How To Improve A Document Which Does Nothing But Means Everything, Michael Laurence Nisengard

Buffalo Environmental Law Journal

No abstract provided.


High Above The Environmental Decimation And Economic Domination Of Eastern Kentucky, King Coal Remains Firmly Seated On Its Gilded Throne, Bryan C. Banks Apr 2006

High Above The Environmental Decimation And Economic Domination Of Eastern Kentucky, King Coal Remains Firmly Seated On Its Gilded Throne, Bryan C. Banks

Buffalo Environmental Law Journal

No abstract provided.


A Preliminary Discussion Of Natural Gas Pipelines Under The Great Lakes, Mary Beth Brandoni Apr 2004

A Preliminary Discussion Of Natural Gas Pipelines Under The Great Lakes, Mary Beth Brandoni

Buffalo Environmental Law Journal

No abstract provided.


The Feasibility Of Using Zoning To Reduce Conflicts In The Exclusive Economic Zone, Kelly Mcgrath Apr 2004

The Feasibility Of Using Zoning To Reduce Conflicts In The Exclusive Economic Zone, Kelly Mcgrath

Buffalo Environmental Law Journal

No abstract provided.


"Jesus Took The Five Loaves And Two Fish And Looked Up Into The Sky And Gave Thanks: Then He Broke Off Pieces For His Disciples To Set Before The Crowd. And Everyone Ate And Ate", Aaron Skinner Oct 2003

"Jesus Took The Five Loaves And Two Fish And Looked Up Into The Sky And Gave Thanks: Then He Broke Off Pieces For His Disciples To Set Before The Crowd. And Everyone Ate And Ate", Aaron Skinner

Buffalo Environmental Law Journal

No abstract provided.


Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale Apr 2002

Anwr: The Legislative Quagmire Surrounding Stakeholder Control And Protection, And The Practical Consequences Of Allowing Exploration, Kristofer Pasquale

Buffalo Environmental Law Journal

No abstract provided.


The Antiquities Act Of 1906 And Presidential Proclamations: A Retrospective And Prospective Analysis Of President William J. Clinton's Quest To "Win The West", Heidi M. Biasi Apr 2002

The Antiquities Act Of 1906 And Presidential Proclamations: A Retrospective And Prospective Analysis Of President William J. Clinton's Quest To "Win The West", Heidi M. Biasi

Buffalo Environmental Law Journal

No abstract provided.


Using Trusts To Conserve Resources: A Book Review Of Conservation Trusts, Robert W. Malmsheimer Oct 2001

Using Trusts To Conserve Resources: A Book Review Of Conservation Trusts, Robert W. Malmsheimer

Buffalo Environmental Law Journal

No abstract provided.


Incorporation Of "Private" Environmental Certification Systems In Formal Legal Systems: The U.S. Case., Errol E. Meidinger Jan 2000

Incorporation Of "Private" Environmental Certification Systems In Formal Legal Systems: The U.S. Case., Errol E. Meidinger

Journal Articles

No abstract provided.


Using Public Nuisance Law To Protect Wildlife, Siobhan O'Keeffe Oct 1998

Using Public Nuisance Law To Protect Wildlife, Siobhan O'Keeffe

Buffalo Environmental Law Journal

No abstract provided.


Bait And Shoot, Jim Snider Apr 1998

Bait And Shoot, Jim Snider

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian Apr 1998

Defining The Problem And Exploring Non Lethal Alternatives Including Land Management, John Hadidian

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Seven Steps To Achieving A Genuine Public Consensus On An Emotional Issue: With Specific Examples Of How Citizens' Task Forces Have Sometimes Failed, Sandra Vanallen Baker, Richard Matwyshen Apr 1998

Seven Steps To Achieving A Genuine Public Consensus On An Emotional Issue: With Specific Examples Of How Citizens' Task Forces Have Sometimes Failed, Sandra Vanallen Baker, Richard Matwyshen

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


Realities Of Immunocontraception As A Management Option For White-Tailed Deer In Suburban Environments, William F. Porter Apr 1998

Realities Of Immunocontraception As A Management Option For White-Tailed Deer In Suburban Environments, William F. Porter

Buffalo Environmental Law Journal

Symposium: The Increasing Conflicts of Deer and Human Populations in Suburban Areas


From "Winners And Losers" To New Authority Structures In Ecological Policy, Errol E. Meidinger Jan 1997

From "Winners And Losers" To New Authority Structures In Ecological Policy, Errol E. Meidinger

Journal Articles

No abstract provided.


Geographic Information Systems And Analysis: The Future Of The Public Trust Doctrine, Robert I. Reis Jan 1996

Geographic Information Systems And Analysis: The Future Of The Public Trust Doctrine, Robert I. Reis

Journal Articles

No abstract provided.


Development, Growth And Sustainability, Margaret Troyak, Tom Muir Oct 1993

Development, Growth And Sustainability, Margaret Troyak, Tom Muir

Buffalo Environmental Law Journal

No abstract provided.


Great Lakes Law: The Role Of The Legal Institute Of The Great Lakes At The University Of Toledo College Of Law, Thomas D. Crandall Oct 1993

Great Lakes Law: The Role Of The Legal Institute Of The Great Lakes At The University Of Toledo College Of Law, Thomas D. Crandall

Buffalo Environmental Law Journal

No abstract provided.


Advocacy And Diplomacy In The Great Lakes: A Case History Of Non-Governmental-Organization Participation In Negotiating The Great Lakes Water Quality Agreement, Jack Manno Apr 1993

Advocacy And Diplomacy In The Great Lakes: A Case History Of Non-Governmental-Organization Participation In Negotiating The Great Lakes Water Quality Agreement, Jack Manno

Buffalo Environmental Law Journal

This article describes and analyzes the role of non-governmental organizations, or NGOs, in the system of governance that has developed to manage the use of natural resources, and that management's impact on the Great Lakes ecosystem. Particular emphasis is given to the organizational history of one such NGO, Great Lakes United, and its actions and strategies in relation to the Canada-U.S. Great Lakes Water Quality Agreements, and to the negotiations leading to the 1987 Protocol to the Agreements. My more general purpose is to contribute to the development of a literature of NGO case histories in order to provide an …


New Solutions To An Old Problem: New York State's Expanding Options For Controlling Oil And Gas Development In Allegany State Park, Charles Alexander Apr 1985

New Solutions To An Old Problem: New York State's Expanding Options For Controlling Oil And Gas Development In Allegany State Park, Charles Alexander

In the Public Interest

No abstract provided.


A Review And Revitalization: Concepts For Ground Water Production And Management—The California Experience, Robert I. Reis Jan 1967

A Review And Revitalization: Concepts For Ground Water Production And Management—The California Experience, Robert I. Reis

Journal Articles

No abstract provided.