Natural Resources Law Commons^™

Appeal No. 0874: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0873: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0878: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0871: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0876: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0877: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Appeal No. 0863: Stonebridge Operating Co., Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2014-39 (suspension of operations); 2014-236, 2014-238,2014-239, 2014-241 (denials of plug-back permits); 2014-253, 2014-256 thru 2014-262 & 2014-264 thru 2014-266 (plug orders)

Sturgeon V. Frost: Alaska’S Wild Lands And Wild Laws Prove The Need For A Mistake-Of-Law Defense, Paul J. Larkin Jr., John-Michael Seibler

Washington and Lee Law Review Online

No abstract provided.

Waste Management Vs. Climate Mitigation: How Co2 Sparked A Clash Of Environmental Values, Wesley Dyer

Pace Environmental Law Review

The looming threats of climate change dominate global politics, national and economic security, science, and environmental policy. As such, global, national, regional, local, federal, and state strategies are being developed to slow and mitigate the devastating effects of a warming climate. One such strategy that is slowly being used on a global and national scale is geologic sequestration, where carbon dioxide (CO₂) is captured, compressed to a supercritical state, and injected underground for permanent removal from the atmosphere. At the same time, the Resource Conservation and Recovery Act (RCRA) regulates the transport, storage, and disposal of solid and …

Regulating Ammonium Nitrate Fertilizer Under The General Duty Clause, Drew Levinson

Pace Environmental Law Review

This Article explores how the Clean Air Act’s (CAA) general duty clause can be utilized to prevent catastrophes such as the explosion in West, Texas.

Part II of this Article describes the dangers associated with ammonium nitrate. More specifically, it looks at prior accidents to understand the magnitude of these unanticipated explosions. Part III looks at our current approach to regulating ammonium nitrate fertilizer and the shortcomings of this regulatory regime. Part IV provides an overview of the CAA’s general duty clause. Furthermore, it describes how the general duty clause can be applied to ammonium nitrate fertilizer facilities and the …

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Pace Environmental Law Review

Following the introduction, part II of this article will provide a brief background on the adoption of the Endangered Species Act. Part III will explain that the statute does not authorize the agencies to extend the take prohibition to all threatened species. Part IV will argue that returning to the statutory scheme would result in a fairer distribution of the costs of species protection by imposing the costs of prophylactic protection on agencies and the public generally. Burdening individuals would be a last resort, as Congress intended. Finally, Part V will identify how Congress’ policy is a reasonable way to …

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate …

Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

A Model Form Title Opinion: Time For A Revisit?, Paul Yale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

New Economics Of Oil, Spencer Dale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

2015 Eugene Kuntz Award Ceremony: Introductory Remarks, R. Clark Musser, Owen L. Anderson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction, Daniel Franklin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Come And “Take” It: Whooping Cranes, Texas Water Rights, Endangered Species Act Liability, And Reconciling Ecological Scientific Testimony Within The Context Of Proximate Causation, Brett A. Miller

Student Scholarship

Tension between science and the law is a pervading feature of Endangered Species Act (ESA) jurisprudence. Incorporating the scientific discipline of ecology within the legal landscape presents distinct challenges, particularly in comparison with more traditional laboratory sciences. Within the realm of Endangered Species Act liability, the intricacies of nature exacerbate already complicated links of causation, challenging the ability to prove violations of the “take” prohibition. Because uncertainties permeate scientists’ ability to understand complex ecosystem processes, courts should rely on the overarching practicality of common law principles when reviewing ecological testimony.

When evaluating claims that allege violations of the “take” prohibition, …

Alien Invasion! An Ocean Picture Coming To A Sea Near You: An Analysis Of International Frameworks For Aquatic Invasive Species Control, Kelly Cox

University of Miami Inter-American Law Review

Aquatic invasive species are marine, estuarine, or freshwater organisms that adversely impact ecosystems they are not native to. Such impacts include long-lasting or permanent damage to habitats, ecosystem balance, and biodiversity. These impacts have a cascading effect on local economies dependent on these natural resources by impeding recreational and commercial activities. Moreover, aquatic invasive species control and management is both complex and challenging due to the lack of physical barriers in aquatic environments to abate or contain the spread of these nuisance species. The Wider Caribbean Region has been notably impacted by the introduction of the non-native lionfish (Pterois volitans) …

Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

A Community Development Agreement or CDA can be a vital mechanism for ensuring that local communities benefit from large-scale investment projects, such as mines or forestry concessions. In formalizing agreements between an investor and a project-affected community, CDAs set out how the benefits of an investment project will be shared with local communities. In some countries CDAs are required by domestic legislation; in others, they are entered into voluntarily. The most effective CDAs are also adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which …

Environmental Crimes And Imprisonment: Does Prison Work To Prevent And Punish Environmental Criminals?, Rafael Wolff

Dissertations & Theses

Environmental degradation is a global problem. Humans need natural resources to survive and, as those resources are limited, humans’ use of these resources should respect a sustainable pace established by law. There are many approaches to addressing environmental degradation that do not honor the legal limitations and one of them is through criminal law. The question that is posed in this thesis is whether imprisonment, one of the most severe methods of punishment, is a suitable option to repress and prevent environmental crimes.

This thesis is divided in three chapters. The first chapter discusses why environmental crimes are relevant. It …

Oil And Gas Case Law Update, Thomas A. Daily

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

The Demise Of The Recording Act As A Rule Of Property, Robert M. Honea

Annual of the Arkansas Natural Resources Law Institute

No abstract provided.

Ahead Of The Curve: Promoting Land Tenure Security In Sub-Saharan Africa To Protect The Environment, Andrew R. Falk

Seattle Journal for Social Justice

No abstract provided.

Appeal No. 0905: Virginia Ohio Oil Company, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-43; William Hartley #1 Well

Appeal No. 0892: R.E. Disposal, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-421

Nepa—Substantive Effectiveness Under A Procedural Mandate: Assessment Of Oil And Gas Eiss In The Mountain West, John C. Ruple, Mark Capone

Wallace Stegner Center for Land, Resources, and the Environment publications

This paper empirically evaluates whether Environmental Impact Statements (EISs) for oil and natural gas field development projects lead to a significant reduction in environmental impacts. Based on our statistical analysis of projects within a four-state region, we conclude that EIS preparation does appear to produce final decisions that are substantially less impactive on the environment when compared to initially proposed projects. Impact reductions occur primarily between the Draft EIS and Final EIS, with minor reductions occurring between the Final EIS and Record of Decision. While reductions may be partially attributable to other legal requirements (such as Clean Air Act, Clean …

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

Prioritizing Management And Protection Of The Colorado River's Environmental Resources, Colorado River Research Group

Books, Reports, and Studies

4 pages.

Improving Irrigation Water Uses For Agricultural And Environmental Benefits, Anne Castle, Amy Beattie, Zach Smith, Drew Peternell, Ted Kowalski

Books, Reports, and Studies

37 pages : color pictures, color maps.

Introduction -- Agricultural and environmental enhancements -- An ag and environmental enhancement program for Colorado -- Appendix A: Conservation case studies in Colorado -- Appendix B: Related Colorado water law -- Appendix C: Relevant laws from other states -- Appendix D: Legislative attempts to statutorily recognize conserved water -- Appendix E: The problem of vocabulary