Natural Resources Law Commons^™

Like Oil And Water: How The Guyana-Venezuela Border Dispute Impacts Foreign Oil Investors, Aisha Jehaludi

University of Miami Business Law Review

Guyana, a hidden gem located on the northern coast of South America, is an emergent nation primarily known as the land of many waters. However, in 2015, this hidden gem captured international attention when the country struck liquid gold: oil. The discovery put Guyana on the map as an attractive foreign investment opportunity, and over the last ten years, Guyana has gone from being one of the poorest nations in South America to the nation with the world’s fastest growing economy.

This economic boom, fueled by foreign oil companies, also caught the attention of Guyana’s neighboring country, Venezuela. On December …

Changemakers: Susannah Johnson : L'25 : Charting A New Course : From Navy Officer To Legal Advocate, Jane Govednik

Life of the Law School (1993- )

No abstract provided.

Appeal No. 1038: Stonebridge Operating Co, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order No. 2024-391

Changemakers: Julia Meskis '25 : 3l : Protecting The Waters 4-10-2025, Andrew Clark

Life of the Law School (1993- )

No abstract provided.

Appeal No. 1030: Williams Disposal, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of Chief's Order 2024-71

The Unconstitutional Impact Of Anti-Transgender Legislation On Native Hawaiians, Aaliah Moi-Matsumoto

Seattle Journal for Social Justice

No abstract provided.

Cancer Alley: Solutions For Effective Regulation And Enforcement Of Air Pollution, Lisa Lee

Seattle Journal for Social Justice

No abstract provided.

Appeal No. 1033: Pillar Energy, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

No abstract provided.

Appeal No. 1037: Ll&B Headwater Ii, L.P. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Appeal of chief's Order No. 2024-332 Kramer HN FRA West Unit (EAP Ohio, LLC)

Strategic Insights From Antarctic Mpas: Navigating The Future Framework For High Seas Mpas Under The Bbnj Agreement, Alyssa Huffman

University of Miami International and Comparative Law Review

Current area-based management systems regulate only about 1.18% of the high seas, leaving highly migratory fish species at risk of overexploitation. As a result, new legal mechanisms are essential for protecting and managing high seas fisheries. In recent decades, stakeholders have debated how to balance competing interests while ensuring equitable and sustainable access to areas beyond national jurisdiction. One proposed solution is the establishment of Marine Protected Areas (MPAs). However, creating and managing high seas MPAs is a complex process. The Parties to the Convention on the Conservation of Antarctic Marine Living Resources have undertaken this effort, establishing two MPAs …

Liability For Maritime Oil Pollution: A Comparison Of The Maine Coastal Conveyance Act With Federal Liability Provisions, Maine Law Review

Maine Law Review

The increasing involvement of coastal states in the regulation of oil pollution within their territorial waters has raised serious questions about the constitutional validity of state legislation imposing liability on parties responsible for unlawful oil discharges. The admiralty clause of the United States Constitution provides that the judicial power of the United States extends to "all cases of admiralty and maritime jurisdiction." This grant to federal courts of original jurisdiction over all admiralty or maritime cases has been construed to be more than a grant of judicial competence. The United States Supreme Court has interpreted the admiralty clause to incorporate …

Shellfish Regulation: Conservation And Discrimination, Maine Law Review

Maine Law Review

The economy of many coastal states depends heavily upon the shellfish industry. Shellfish such as lobsters and clams are an especially important marine resource for these states. In recent years, however, the supply of shellfish has experienced substantial declines. State laws that permit the harvesting of lobsters prior to sexual maturity, for example, have made the lobster industry dependent on the yearly additions to the lobster supply. The increasing demands for shellfish as well as the pollution of areas such as coastal clamflats have also contributed to the serious depletion of the shellfish resources in many areas. Despite the possible …

Boundary Delimitation In The Economic Zone: The Gulf Of Maine Dispute, Maine Law Review

Maine Law Review

In an ideal world of abundant natural resources, homogeneously distributed among nations, the issue of marine boundary delimitation would have little significance within the international community. However, the realities of randomly concentrated and limited resources, complicated by the political geography of the oceans, have made maritime boundary delimitation a crucial international issue. In a world of more than 130 coastal nations, the determination of standards for allocation of living and non-living ocean resources within the fertile offshore areas has become an issue of widespread economic importance. Nonetheless, the international community has developed few concrete and specific rules for marine boundary …

The Fishery Conservation And Management Act Of 1976: State Regulation Of Fishing Beyond The Territorial Sea, Maine Law Review

Maine Law Review

Historically, international law has recognized the sovereignty of coastal nations within the three-mile contiguous territorial sea. Although modem international practice has expanded the breadth of the territorial sea to twelve miles or more, the traditional three-mile zone retains a special significance within the scheme of domestic United States marine law. Under the federal scheme of marine resource jurisdiction, authority within the three-mile zone has been allocated to the coastal states while the federal government has exercised near-exclusive jurisdiction over marine zones seaward of the territorial sea boundary. However, this bifurcated jurisdiction scheme has failed to provide effective conservation and management …

Stars, Stripes, And Pills: The Stock Narratives That Blind, Michelle Wilde Anderson

West Virginia Law Review

No abstract provided.

Labor And Environment Entwined: A Radical Green New Deal And Just Transition In Appalachia, Anne Marie Lofaso, Nicholas F. Stump

West Virginia Law Review

In this Article, Professor Lofaso and Professor Stump propose a genuinely transformative Green New Deal and Just Transition in Appalachia. The Article opens by tracing the long history of the Appalachian labor and environmental movements. Next, the Article interrogates the common contention that the Appalachian environmental and labor movements are opposed. While this contention has substantial truth, more complex forces have been at work in the region. Fossil fuel industry elites, for instance, have wielded exaggerated “jobs versus environment” rhetoric to maximize profits and quash emergent solidarities among local workers, residents, and activists. This Article contends that a key solution …

21st Annual Diversity Symposium Dinner 2025, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Introduction – Emerging Pollutants In Water: Threats, Challenges, And Research Needs, Sarantuyaa Zandaryaa, Ali Fares, Gabriel Eckstein

Faculty Scholarship

Water is indispensable for life, health, and environmental sustainability, as underscored by the United Nations Sustainable Development Goals. Traditional water quality assessments have historically focused on pathogens, nutrients, and heavy metals. However, recent decades have witnessed growing concerns over Contaminants of Emerging Concern (CECs), a diverse class of pollutants with potential risks to human health and ecosystems. CECs encompass pharmaceuticals, personal care products, endocrine-disrupting compounds, and microplastics, entering water bodies via wastewater, industrial discharge, and agricultural runoff. Their persistence and adverse effects pose significant challenges to water treatment technologies. This manuscript explores the scientific understanding, environmental fate, and societal implications …

Science-Based Policy Recommendations For Managing Emerging Pollutants: Protecting Water Quality For The Health Of People And The Environment, Sarantuyaa Zandaryaa, Ali Fares, Gabriel Eckstein, Regina M. Buono, Mary Trudeau, James E. Nickum, Xingui Xia, Atikur Rahman, Marijn Korndewal, Cassiana C. Montagner, Piero R. Gardinali, Robert Michael Di Filippo, Anoop Veettil

Faculty Scholarship

Emerging water pollutants are a growing global concern due to their ubiquitous presence in water resources worldwide and their potential adverse effects on human health and ecosystems. Limited scientific understanding of sources of emerging pollutants’ emissions to water bodies and their pathways, behaviour, and fate in aquatic environments, as well as human health and ecological effects, is a significant hindrance in managing emerging water pollutants. With exceptions concerning PFAS/PFOS and microplastic beads, there are few regulations for emerging pollutants in national water and environmental policies, which results in a critical gap in safeguarding human health and aquatic ecosystems through effective …

Who Owns The Heat? Property Rights In Geothermal Energy, Gabriel Eckstein

Faculty Scholarship

Landowners can have ownership claims to oil, gas, water, and other tangible natural resources located in their subsoil. But can they also claim rights to the thermal energy found below their land? With 50,000 times more heat energy within the top 10,000 meters (around 33,000 feet) of the Earth’s surface than contained in all of the world’s oil and natural gas resources combined, geothermal energy is a tremendously promising, clean, and renewable energy resource. Yet, ambiguities in property rights related to the development and ownership of geothermal energy resources raise questions about who is entitled to benefit from that potential. …

“Everybody Else Seems To Be Able To Get Help”: Rural Regulation, Access Loss, And Antigovernment Sentiment, Jennifer Sherman

West Virginia Law Review

This Essay draws upon two decades of the author’s research on rural United States communities to explicate ways in which the regulatory state has intervened in rural areas and economies, often with the claim of protecting land, natural resources, and/or wildlife. The outcomes are frequently disastrous for the human populations of those communities and generally are not planned for or mitigated by policy. The Essay argues that rural distrust of and aversion to government oversight is not caused primarily by ideological or cultural stances, but rather is an outcome of experiences of abandonment by the agencies that are meant to …

Environmental Geography And Law: Toward A Synthesis, Michaela Anang-Hadjicostandi, Sophia Borgias, Karrigan Börk, Ann M. Eisenberg, Guadalupe M. Franco, Cinnamon Carlarne Hirokawa, Keith H. Hirokawa, Jonathan London, Melinda Morgan, Jessica Owley, Shannon Roesler, Sonya Ziaja

Articles

This Article introduces the new interdisciplinary field of Environmental Geography and Law, which has deep roots in ecology, social science, and law. Environmental and natural resources laws are situated in specific times and places where the climate, ecosystems, history and political economy influence both the land and the law. These places drive and constrain the way law develops. In turn, the law shapes places, from the dispossession and forced migration of indigenous groups, to land development via railroad land grants, to patterns of resource extraction and infrastructure development. Past efforts to integrate law and geography have focused more on critical …

Rekontruksi Sistem Pertanggungjawaban Pidana Korporasi Atas Kejahatan Terhadap Lingkungan Hidup Perspektif Hukum Progresif, Mochammad Rafi Pravifjayanto

Jurnal Hukum & Pembangunan

The environment as a place for humans to live certainly needs to be preserved and protected for its existence. In the context of statehood, the Indonesian Constitution guarantees the constitutional right of citizens to a clean environment. Thus, regulations as the face of the Indonesian constitution must not contradict the constitution. Juridically, Indonesia regulates life protection in Law Number 32 of 2009 concerning the Protection of Environmental Management. However, in its implementation, there are many violations of environmental management which in fact are carried out by corporations to obtain economic benefits. This study aims to analyze the corporate criminal responsibility …

Orientasi Rigid Dan Moderat Dalam Penafsiran Original Intent Dan Praktiknya Di Indonesia, Muhammad Alwi Khoiri Ramdani, Susi Dwi Harijanto, Lailani Sungkar

Jurnal Hukum & Pembangunan

Metode original intent lazimnya menghasilkan penafsiran yang bersifat rigid sesuai niat perumusnya. Selama konstitusi tidak diubah, maka tafsiran original intent pun tidak berubah. Namun penggunaan metode penafsiran original intent di Indonesia dapat menghasilkan pemaknaan yang berbeda/berubah meskipun ketentuan konstitusi dan perumusnya tidak berganti. Hal ini terjadi karena terdapat perkembangan pemikiran dalam penerapan metode penafsiran original intent. Penelitian ini membahas mengenai perkembangan pemikiran tersebut dan menganalisa pola penerapan metode original intent dalam penafsiran konstitusi yang dilakukan oleh Mahkamah Konstitusi di Indonesia. Ini merupakan penelitian doktriner dengan pendekatan konsep dan kasus. Hasil penelitian menunjukkan bahwa terdapat perkembangan pemikiran dalam penerapan metode penafsiran …

Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati

Jurnal Hukum & Pembangunan

Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …

Konstitusionalitas Model Putusan Bawaslu Dalam Penyelesaian Pelanggaran Administratif Pemilu, Muhammad Rifai Yusuf, Syarif Hidayat

Jurnal Hukum & Pembangunan

As one of the institutions that carries out quasi-judicial functions in the field of general elections, Bawaslu could issue a decision through an adjudication process. In 2017, Bawaslu was criticized for its several decisions in the Sipol case held by the KPU for the registration of participants in the 2019 general elections, mainly because it was considered that Bawaslu equated its position with the Supreme Court by assessing that Sipol in the KPU Regulation was not in line with the Election Law. In 2024, decisions on election administrative violations appear to be softer or seem to avoid the same potential …

The Regulatory Triad: Reimagining Environmental Law In The Post-Chevron Era, Shai Stern, Itay Biton

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Unveiling A Hidden Hazard: A Deep Dive Into Forever Chemicals And The Urgent Need For Solutions, Katie L. Uszakiewicz

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Quo Vadis Desain Pengamanan Hakim Dari Perbuatan Merendahkan Kehormatan Dan Keluhuran Martabat Hakim (Pmkh) Di Indonesia, Zainatul Ilmiyah

Jurnal Hukum & Pembangunan

Judges, as the main judicial actors in law enforcement, have an independent nature, both in terms of institutions and in terms of determining their decisions. However, in exercising their authority, judges are often faced with the risk of injury, both physical and psychological, by the public, who are not satisfied with the decisions made by the judges. With an empirical legal research method and using a conceptual approach, statute approach, and comparative approach, this study aims to find the best form in the design of an institutional model for judge and court security units. In this study, it was found …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents