Natural Resources Law Commons^™

Leveraging Mining Investments In Water Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for water infrastructure.

A Framework To Approach Shared-Use Of Mining Related Infrastructure, Perrine Toledano, Sophie Thomashausen, Nicolas Maennling, Alpa Shah

Columbia Center on Sustainable Investment Staff Publications

In April 2013, CCSI was awarded a grant from the Australian Government to develop an economically, legally and operationally rational framework to enable shared use of mining-related infrastructure, including rail, ports, power, water, internet and telecommunications. The framework was obtained by distilling best practice principles from infrastructure developments around the world, guided by expert opinion. It has most recently been refined through in-depth case studies in Liberia, Sierra Leone, and Mozambique, although its principles aim to be of general relevance to all resource rich African countries. The report was finalized in March 2014.

Hydraulic Fracturing And The Baseline Testing Of Groundwater, Keith B. Hall

University of Richmond Law Review

This article discusses some of the legal and practical issues relating to baseline testing of groundwater and the rules designed to encourage or require such testing. Part I of the article discusses basic background material why this issue is important, what fracturing is and why it is used, the basic types of fracturing, why it can be challenging to determine the cause of alleged contamination, and why baseline testing might help. Part II examines different approaches to increasing the use of baseline testing, including regulations that require such testing and legislation that creates presumptions that provide incentives to conduct such …

Oil And Gas And Floods, Justin Pidot

University of Richmond Law Review

This symposium article has three goals. First, it seeks to draw attention to the pressing risks that natural disasters pose to energy infrastructure. It focuses on one type of natural disaster flooding and one variety of energy infrastructure-oil and natural gas. Natural disasters do not, however, discriminate and also pose broad risks to energy systems of all stripes. Second, the article seeks to provide examples of existing federal and state legal regimes that address to some extent the dangers floods pose to the oil and gas industry. As we shall see, the regulatory regimes I address are sparse and hardly …

Energy Versus Water: The Growing Role Of Water In Controlling Energy Decisions, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler

University of Richmond Law Review

No abstract provided.

Slides: “Human Sustainability” In Natural Resources Industries: The New Frontier In Compliance, Social Responsibility, Disclosure, And Transparency, T. Markus Funk

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: T. Markus Funk, Partner, Perkins Coie

21 slides

Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Stanley Dempsey, Chairman, Royal Gold

17 slides

Public Lands And The Federal Government's Compact-Based "Duty To Dispose": A Case Study Of Utah's H.B.148–The Transfer Of Public Lands Act, Donald J. Kochan

BYU Law Review

Recent legislation passed in March 2012 in the State of Utah—the “Transfer of Public Lands Act and Related Study,” (“TPLA”) also commonly referred to as House Bill 148 (“H.B. 148”)—has demanded that the federal government, by December 31, 2014, “extinguish title” to certain public lands that the federal government currently holds (totaling an estimated more than 20 million acres). It also calls for the transfer of such acreage to the State and establishes procedures for the development of a management regime for this increased state portfolio of land holdings resulting from the transfer. The State of Utah claims that the …

Agenda: Natural Resource Industries And The Sustainability Challenge, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. The Colorado Law Energy Innovation Initiative

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

"An International Conference hosted by The Getches-Wilkinson Center for Natural Resources, Energy, and the Environment and The Colorado Law Energy Innovation Initiative."

For more than two decades, sustainability has gained currency as a broad organizing principle for efforts to develop and use energy, natural resources, and the environment in ways that allow society to meet its needs without compromising the ability of future generations to meet their needs. More recently, sustainability has been embraced by businesses across multiple sectors as part of a broader movement of corporate social responsibility. Hardly a day goes by without news of another corporate initiative …

Slides: Comments Of Jeff Bingaman, Jeff Bingaman

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Jeff Bingaman, former Chair of the Senate Energy and Natural Resources Committee and U.S. Senator from New Mexico

6 slides

Appeal No. 0854: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-39 & 2013-40 (the Powelson #1 & #2 Wells)

Appeal No. 0853: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-39 & 2013-40 (the Powelson #1 & #2 Wells)

Solar Skyspace B, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The cleanest source of electricity is that generated from photovoltaic solar panels (PV). Unlike fossil fuels, PV does not require extraction and does not burn, so it emits no carbon. Unlike hydropower, it does not require the damming of natural rivers and the destruction of upstream areas through flooding. Unlike industrial-scale concentrating solar thermo-electric power, it does not consume water to generate electricity. Finally, when placed on existing rooftops in developed areas, distributed solar PV does not require long-term dedication of public lands to an industrial use, does not disrupt native habitat (a potential problem with all of other energy …

Appeal No. 0851: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management And Lorrie & Lori Accettola V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-37 & 2013-38 (Cutter Well #1 & Cutter Well #2)

Appeal No. 0852: Big Sky Energy, Inc., V. Division Of Oil & Gas Resources Management And Lorrie & Lori Accettola V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-37 & 2013-38 (Cutter Well #1 & Cutter Well #2)

Investment Treaties And Industrial Policy: Select Case Studies On State Liability For Efforts To Encourage, Shape And Regulate Economic Activities In Extractive Industries And Infrastructure, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

This paper, prepared in connection with a February 2014 conference organized by the UN Economic Commission for Africa, discusses some of the implications that investment treaties have for investments in infrastructure and the extractive industries. It focuses on liability for government conduct (1) in connection with tenders and negotiations; (2) when responding to questions regarding the legality of the investment; (3) in using performance requirements to leverage benefits and capture spillovers from the investment; (4) changing the legal framework governing an investment in response to evolving needs, circumstances, and interests; (5) administering the investment; and (6) requesting, and responding to …

Updates In Arkansas Oil & Gas Law, Thomas A. Daily

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Comparative Pooling Law: Arkansas And Texas, Thomas A. Daily, George A. Snell

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group

Books, Reports, and Studies

[11] p. : color illustrations ; 28 cm

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.

Dodd-Frank's Conflict Minerals Rule: The Tin Ear Of Government-Business Regulation, Henry Lowenstein

Marketing and Hospitality, Resort and Tourism Management

This paper examines an unusual provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010), Section 1502 known as the Conflict Minerals Rule. This provision, having nothing to do with the subject matter of the act itself, attempts to place a chilling effect on the trade of four identified minerals from the Democratic Republic of Congo. The provision and its subsequent rule, surprisingly delegated to the U.S. Securities and Exchange Commission (an agency lacking subject matter expertise in minerals) presents a case and object lesson of almost every cost, procedural and legal error that can take place …

Getches Wilkinson Center Newsletter, Winter/Spring 2014, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment

Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)

No abstract provided.

Eco-Migration And Vulnerability: Linkages Between Human Rights Protection And Environmental Governance In Georgia, Tamari Bulia

Florida A & M University Law Review

No abstract provided.

Subsidiarity In Principle:Decentralization Of Water Resources Management, Ryan B. Stoa

Faculty Publications

No abstract provided.

Responsible, Renewable, And Redesigned: How The Renewable Energy Movement Can Make Peace With The Endangered Species Act, Kalyani Robbins

Faculty Publications

One of the most promising routes to a sustainable energy future, as well as climate change mitigation, is the development of renewable energy sources such as wind, solar energy, and hydropower. Indeed, scientists have proposed plans to move completely (100 percent!) to these energy sources within a couple of decades. Mark Z. Jacobson and M.A. Delucchi, scientists from Stanford and U.C. Davis, have outlined a plan to achieve this goal, thereby “eliminating all fossil fuels”. Hydroelectric power already provides almost one-fifth of the world's electricity, and wind and solar development is rapidly picking up as well. However, before we leave …

Adjudications, Brigette Buynak, Darcy S. Bushnell

Water Matters!

Adjudications are lawsuits that take place in state or federal court to resolve all claims to water use in the state of New Mexico, including those of Pueblos, tribes and the federal government. These cases are required by statute to create a formal inventory of water uses and to facilitate administration of New Mexico’s surface and groundwater. The geographic scope of each case is generally described by a stream system and occasionally by a groundwater basin. By statute, the State is always the plaintiff. The mission is to formally identify and recognize all valid water rights in each area being …

The Rocky Mountain Arsenal National Wildlife Refuge: On A Rocky Road To Creating A Community Asset, 47 J. Marshall L. Rev. 1401 (2014), Rachel Salcido

UIC Law Review

This paper examines the RMA Refuge restoration in terms of key benchmarks of successful restorations: 1) biological integrity; 2) historical fidelity; 3) identifying root causes of and addressing practices leading to environmental degradation; and finally, 4) public engagement, connecting with the public and encouraging environmentalism.

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article proposes that a national mineral policy ("NMP") can be crafted to generate foreign direct investment ("FDI") and strengthen sustainable development goals. Less-developed countries ("LDCs") typically overlook or underestimate this federal policy imperative while seeking to harness mineral resources.' Creation of a NMP and complementary changes to federal mining investment laws can provide host countries increased opportunities as well as autonomy to profit from their own natural resources and, at the same time, investor nations can benefit from a NMP because of further mining prospects.

This Article goes on to discuss how the formulation and implementation of a NMP …