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Full-Text Articles in Oil, Gas, and Mineral Law

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar Jul 2017

Hydropower Development In India: The Legal-Economic Design To Fuelgrowth?, Surabhi Karambelkar

Natural Resources Journal

Economic liberalization beginning in the early 1990s has represented a paradigm shift in policy discourse in India, from social welfare to economic growth. With its potential benefits of generating power for the growing economy and significant revenue through electricity sales and royalty payments, hydropower development has received center-stage in the hydrorich but economically weaker Himalayan states of India. Using an institutional approach to examine the evolution of laws and policies on electricity, land, environment, and water, this article seeks to uncover how prevailing legal and economic systems prioritize hydropower generation over other water uses. It argues that federal and state …


Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford Jul 2017

Aldo Leopold, Estella Bergere, Mia Casita And Sheepherding In New Mexico And Colorado, Andrew Gulliford

Natural Resources Journal

Personal and regional history of Peggy Bergon, Aldo Leopold, and sheepherding.


The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul Jul 2017

The Domestic Well Exemption In The West: A Case Study Of Santa Fe’S Municipal Ordinance, Maxine N. Paul

Natural Resources Journal

In the case of Bounds v. State of New Mexico, the New Mexico Supreme Court upheld the constitutionality of a statute that allows domestic wells to be permitted with less oversight than other water rights. The statute, known as the domestic well exemption, is common in various forms throughout the Western United States. Currently, there are an estimated 200,000 permitted domestic wells across the State of New Mexico, increasing at a rate of approximately 5,000 per year. Various scholars have argued for amendments to domestic well statutes or local regulations to make exempt well applications as rigorous as other water …


Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang Jul 2017

Liability And Compensation For Oil Spill Accidents: International Regime And Its Implementation In China, Yuan Yang

Natural Resources Journal

Marine oil spill accidents have long been caused by ship collisions. However, the proliferation of offshore oil and gas installations portends a marked increase in oil spills from these sources. This presents a unique enforcement challenge for international and Chinese domestic systems for oil pollution liability and compensation that were developed in response to the threat of ship-based oil pollution. This article focuses on how the international liability and compensation regime for oil pollution has been implemented in China, and whether a combination of the international regime and domestic Chinese regulations could provide an adequate mechanism for holding offshore oil …


Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore Jul 2017

Nasty Weather And Ugly Produce: Climate Change, Agricultural Adaptation, And Food Waste, Richard Moore

Natural Resources Journal

Food systems worldwide are threatened by climate change, as reflected, for example, in the diminished yields of fruits and vegetables and reduced production of global fisheries. This article discusses the threats of climate change on agricultural production and the need for agricultural adaptation. It posits that food insecurity must be considered in terms of climate change and its likely effects on food production. The article argues that agricultural mitigation and adaptation measures should must be pursued and communicated through the mechanisms of the Paris Agreement. In the United States, reducing food waste effectuated by the regulation on the culling of …


Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau Jul 2017

Liquid Power: Contested Hydro-Modernities In Twentieth-Century Spain By Erikswyngedouw, John Morseau

Natural Resources Journal

No abstract provided.


State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson Apr 2017

State Regulation Of Oil And Gas Pools On State, Federal, Indian And Fee Lands, C. Gene Samberson

Natural Resources Journal

No abstract provided.


Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert Apr 2017

Richardson, Elmo R., The Politics Of Conservation: Crusades And Controversies, 1897-1913, Ernest A. Engelbert

Natural Resources Journal

No abstract provided.


Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman Apr 2017

Milner, J. B., Community Planning: A Casebook On Law And Administration, Ira Michael Heyman

Natural Resources Journal

No abstract provided.


Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter Apr 2017

Alternatives For Recovery Of Attorney's Fees In Environmental Litigation, Fritz Ledbetter

Natural Resources Journal

No abstract provided.


Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist Apr 2017

Res Judicata: Will It Stop Instream Flows From Being The Wave Of The Future?, Harold A. Ranquist

Natural Resources Journal

No abstract provided.


Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton Apr 2017

Statecraft, Domestic Politics, And Foreign Policymaking: The El Chamizal Dispute, Albert E. Utton

Natural Resources Journal

No abstract provided.


Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai Apr 2017

Public Participation And Natural Resource Decision-Making: The Case Of The Rare Ii Decisions, Paul Mohai

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Jul 2016

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker Mar 2016

Zoning Out Fracking: Zoning Authority Under New York State’S Oil, Gas And Solution Mining Law, Thomas Hooker

Fordham Urban Law Journal

No abstract provided.


Front Matter, Natural Resources Journal Jan 2016

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith Jul 2015

Water 4.0: The Past, Present, And Future Of The World's Most Vital Resource By David Sedlak, Brian Smith

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Jul 2015

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker Jul 2015

Enduring Acequias: Wisdom Of The Land, Knowledge Of The Water By Juan Estevan Arellano, Bianca Smoker

Natural Resources Journal

No abstract provided.


Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James Jul 2015

Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James

Natural Resources Journal

No abstract provided.


Front Matter, Natural Resources Journal Jan 2015

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


Conceptualizing Climate Justice In Kivalina, Marissa Knodel Nov 2014

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …


Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman Nov 2014

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …


Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet Nov 2014

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …


Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood Nov 2014

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …


Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes Nov 2014

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …


Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson Sep 2014

Sue And Settle: Demonizing The Environmental Citizen Suit, Stephen M. Johnson

Seattle University Law Review

In the spring of 2013, industry groups and states began a concerted lobbying effort to oppose citizen enforcement of the federal environmental laws. The United States Chamber of Commerce and lobbyists for states created a catch-phrase—“sue and settle”—to demonize citizen enforcement and the federal government’s practice of settling lawsuits it is destined to lose in court. The Chamber alleged that the federal government, by settling lawsuits brought by citizens groups rather than defending them in court, was colluding with those non-governmental organizations and excluding other affected parties to reallocate the agencies’ priorities and obligations. Federal environmental laws establish a central …


Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik Jul 2014

Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik

Natural Resources Journal

States have acted quickly to respond to the public’s demand for information on the chemicals used in hydraulic fracturing. Proponents of these disclosure requirements have relied on a number of policy rationales. However, the resulting disclosure systems may not be achieving stated goals. Ineffective disclosure requirements risk undermining public confidence in the disclosure process and waste an important opportunity to put these disclosures to work. This article suggests using a Goal-Oriented Disclosure Design approach to HFC disclosure, built around the goals for disclosure, the information end users need to target in pursuit of each goal, and the feedback loops those …


Front Matter, Natural Resources Journal Jul 2014

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.


A Regulatory Comparison Of Hydraulic Fracturing Fluid Disclosure Regimes In The United States, Canada, And Australia, Allan Ingelson, Tina Hunter Jul 2014

A Regulatory Comparison Of Hydraulic Fracturing Fluid Disclosure Regimes In The United States, Canada, And Australia, Allan Ingelson, Tina Hunter

Natural Resources Journal

Numerous state, provincial, and federal governments in the United States, Canada, and Australia have created guidelines, legislation, and/or regulations (or are in the process of doing so) in response to public concerns about water contamination from hydraulic fracturing. This article will compare and analyze three national regimes in the leading states and provinces in which laws have been amended, proposed, or adopted to address public concerns about the chemicals and additives in hydraulic fracturing fluids used to produce unconventional hydrocarbons. New regulations, recent legislative amendments, and, in some cases, new statutes have been proposed or adopted in the past few …