Natural Resources Law Commons^™

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 …

Mitigating The Adverse Impacts Of Hydraulic Fracturing: A Role For Local Zoning?, John R. Nolon, Jessica A. Bacher

Elisabeth Haub School of Law Faculty Publications

This article focuses on the action localities have taken toward mitigating some of the adverse impacts of hydraulic fracturing, or hydrofracking. The Article will explore impacts at the local level and will show the governance gap that has resulted from federal and state regulations that leave many local impacts unmitigated. Zoning laws and other practices that local governments are adopting are also discussed, explaining why state preemption over the traditional role of local governments in regulating this particular heavy industrial activity is not the ideal situation.

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

This Article will briefly examine the history of the international sugar trade and discuss the current status of the sugar industry in world markets, specifically in Brazil, India, and the United States. The international sugar trade industry should consider instituting sustainable development practices not only for the public good, but also to enhance its bottom line. As "one of the most highly distorted agricultural commodity markets," the international sugar market is an ideal environment to implement sustainable development practices and begin change with respect to CSR through "guaranteed minimum payments to producers, production and marketing controls (quotas), state-regulated retail prices, …

Preface To Protecting The Environment Through Land Use Law: Standing Ground, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

Protecting the Environment Through Land Use Law: Standing Ground takes a close look at the historical struggle of local governments to balance land development with natural resource conservation. This book updates and expands on his four previous books, which established a comprehensive framework for understanding the many ways that local land use authority can be used to preserve natural resources and environmental functions at the community level. Standing Ground describes in detail how localities are responding to new challenges, including the imperative that they adapt to and help mitigate climate change and create sustainable neighborhoods. This body of work emphasizes …

The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Carta de Foresta, the Charter of the Forest of 1217, is among the first statutes in environmental law of any nation. Crafted to reform patently unjust governance of natural resources in 13th century England, the Charter of the Forest became a framework through which to reconcile competing environmental claims, then and into the future. The Charter confirmed the rights of “free men.” Kings resisted conceding these rights. When confronted with violation of the Charter, barons and royal councils obliged kings repeatedly to reissue the Forest Charter and pledge anew to obey its terms.

Plain Meaning, Precedent, And Metaphysics: Interpreting The “Addition” Element Of The Clean Water Act Offense, Jeffrey G. Miller

Elisabeth Haub School of Law Faculty Publications

The Clean Water Act (CWA) prohibits addition of any pollutant to navigable waters from any point source by any person without a permit. Surprisingly, the first element of this prohibition, “addition,” remains undefined. It has been interpreted broadly by regulators and judges to expand the prohibition to such an extent that it threatens to capture innocent people. EPA in particular has confused “addition” with “navigable waters” to such an extent that it threatens to eviscerate half of the CWA’s regulatory strategies and programs: water quality standards and the § 404 program protecting wetlands. This Article examines the interpretation of “addition” …

A Decade Of Adaptive Governance Scholarship: Synthesis And Future Directions, Barbara Cosens

Articles

Adaptive governance is an emergent form of environmental governance that is increasingly called upon by scholars and practitioners to coordinate resource management regimes in the face of the complexity and uncertainty associated with rapid environmental change. Although the term “adaptive governance” is not exclusively applied to the governance of social-ecological systems, related research represents a significant outgrowth of literature on resilience, social-ecological systems, and environmental governance. We present a chronology of major scholarship on adaptive governance, synthesizing efforts to define the concept and identifying the array of governance concepts associated with transformation toward adaptive governance. Based on this synthesis, we …