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Full-Text Articles in Law

Resource Resilience: How To Break The Commodities Cycle, Lisa E. Sachs, Nicolas Maennling May 2015

Resource Resilience: How To Break The Commodities Cycle, Lisa E. Sachs, Nicolas Maennling

Columbia Center on Sustainable Investment Staff Publications

The past year has seen dramatic declines in the prices of global commodities. Between June 2014 and the beginning of this year, crude oil prices fell by 50 percent to around $50 a barrel. Similarly, mineral prices have seen a drastic fall since the peak of the “commodity supercycle” in early 2011. Between then and April of this year, iron ore prices fell by 70 percent, coal prices by 54 percent and copper prices by 40 percent.


Plenary Energy, Carla F. Fredericks Jan 2015

Plenary Energy, Carla F. Fredericks

Publications

An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …


Fracking, Federalism, And Private Governance, Amanda Leiter Jan 2015

Fracking, Federalism, And Private Governance, Amanda Leiter

Articles in Law Reviews & Other Academic Journals

The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency.

Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and …