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Articles 31 - 60 of 279
Full-Text Articles in Natural Resources Law
Ownership Rights To Produced Water In The New Age Of Energy, Timothy Naegele
Ownership Rights To Produced Water In The New Age Of Energy, Timothy Naegele
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Fault Lines In Fossil Fuel Policy: The Ripple Effect On Mineral Rights And Regulatory Taking Implications, Myles Meyring
Fault Lines In Fossil Fuel Policy: The Ripple Effect On Mineral Rights And Regulatory Taking Implications, Myles Meyring
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Analyzing The Invocation Of The Force Majeure Clause Defense In Natural Gas Contract Dispute, Lindsay Kirkland
Analyzing The Invocation Of The Force Majeure Clause Defense In Natural Gas Contract Dispute, Lindsay Kirkland
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Liability In The Pipeline: The Expanding Scope Of Pfas Litigation And Regulation, Rebecca Huckabay
Liability In The Pipeline: The Expanding Scope Of Pfas Litigation And Regulation, Rebecca Huckabay
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Walking On Sunshine: A Survey Of Oklahoma Concurrent Land Use Law And How Accommodation Can Fill In Gaps Revealed By Emerging Solar Energy, Nick Halbroeder
Walking On Sunshine: A Survey Of Oklahoma Concurrent Land Use Law And How Accommodation Can Fill In Gaps Revealed By Emerging Solar Energy, Nick Halbroeder
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Clash Between Oklahoma’S Oil Industry And Overriding Royalty Interests: Why Legislative Action Is Needed, Bryce Cormack
The Clash Between Oklahoma’S Oil Industry And Overriding Royalty Interests: Why Legislative Action Is Needed, Bryce Cormack
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns
Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Digital Gold: The Impact Of Bitcoin Mining On Texas Surface Owners’ Rights, Kenney Broadnax
Digital Gold: The Impact Of Bitcoin Mining On Texas Surface Owners’ Rights, Kenney Broadnax
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Bryce Cormack
Editor's Introduction & Front Pages, Bryce Cormack
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Grievance Redress Mechanisms For Commons: Evaluating The Design And Effectiveness Of Public Land Protection Cells In Rajasthan, India, Pooja Chandran
Grievance Redress Mechanisms For Commons: Evaluating The Design And Effectiveness Of Public Land Protection Cells In Rajasthan, India, Pooja Chandran
Journal of Law and Public Policy
Encroachment on common land represents a significant governance challenge in India. Weak institutions, irregular enforcement, and power imbalances often leave marginalised communities more vulnerable to eviction than others. This article examines the design and effectiveness of Public Land Protection Cells (PLPCs)—a judicially mandated grievance redressal mechanism in Rajasthan—in addressing common land encroachment disputes. Drawing on an analysis of cases before the Rajasthan High Court, field observations, and stakeholder interviews, it evaluates how PLPCs address enforcement gaps and promote accountability. Using the United Nations Guiding Principles 31 as a foundation, the article develops a contextualised framework to assess PLPCs to highlight …
U.S. Position On The Legal Character Of The Law Of The Sea Convention's Seabed Mining Provisions: U.S. Intervention On Agenda Item 8, International Seabed Authority Assembly, 30th Session, July 2025, U.S. Observer Delegation To The International Seabed Authority
U.S. Position On The Legal Character Of The Law Of The Sea Convention's Seabed Mining Provisions: U.S. Intervention On Agenda Item 8, International Seabed Authority Assembly, 30th Session, July 2025, U.S. Observer Delegation To The International Seabed Authority
International Law Studies
U.S. Intervention on Agenda Item 8, International Seabed Authority Assembly, 30th Session, July 2025, presented by Greg O’Brien, Head of the U.S. Observer Delegation to the International Seabed Authority, explaining the U.S. position and State practice regarding the legal character of the Law of the Sea Convention seabed mining provisions.
Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins
Getting Our House In Order: Mapping The Unconstitutional Conditions Doctrine Onto Washington’S Inclusionary Zoning Policies After Sheetz V. County Of El Dorado, John “Jack” Haskins
Washington Law Review
The unconstitutional conditions doctrine dictates what a government can and cannot do when exercising its police powers to promote community interests. Recent Supreme Court jurisprudence highlights a special application of the doctrine in the land use context, with Sheetz v. County of El Dorado recognizing constitutional scrutiny of legislative decisions. After decades of using its own analysis, Washington courts now use the federal approach in these cases. Land use exists at the forefront of Washington policies and the state maintains a sharp focus on the affordable housing crisis. One approach enacted at the local and state level is mandatory inclusionary …
Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark
Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark
Public Land & Resources Law Review
In the wake of the recent United States Supreme Court decision of Trump v. United States, the Court determined that the President as Chief Executive is immune from conduct associated with official acts.3 The question that emanates from this opinion is how will this decision affect Indian Country and tribal court determinations of tribal sovereign immunity? This article will attempt to address this question. I begin with the Anishinaabe story of Bebaamosed miinawaa Gawigoshko’iweshiinh (The Trickster and the Little Scary Bird)5 in an attempt to understand the complicated nature of tribal sovereign immunity.
Discovering The Doctrine Of Discovery, Douglas Lind
Discovering The Doctrine Of Discovery, Douglas Lind
Public Land & Resources Law Review
The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …
Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle
Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle
Public Land & Resources Law Review
The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.
Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth
Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth
Public Land & Resources Law Review
The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.
Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett
Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett
Public Land & Resources Law Review
No abstract provided.
Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams
Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams
Public Land & Resources Law Review
No abstract provided.
Reflections On The “Pore Space Estate”, Joseph A. Schremmer
Reflections On The “Pore Space Estate”, Joseph A. Schremmer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Co₂ Pipelines As Common Carriers, Madeleine Lewis, Tara Righetti
Co₂ Pipelines As Common Carriers, Madeleine Lewis, Tara Righetti
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Meaning Of “Other Minerals” And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks
The Meaning Of “Other Minerals” And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Alexandra Jury
Editor's Introduction & Front Pages, Alexandra Jury
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
Fordham Environmental Law Review
The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Fordham Environmental Law Review
After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
Fordham Environmental Law Review
It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …
Appeal No. 1042: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1042: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
Appeal No. 1043: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1043: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …