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Articles 61 - 90 of 352
Full-Text Articles in Oil, Gas, and Mineral Law
Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James
Water Ethics: A Values Approach To Solving The Water Crisis By David Groenfelt, Robin James
Natural Resources Journal
No abstract provided.
Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak
Reducing Greenhouse Gas Emissions From Transportation: Opportunities In The Northeast And Mid-Atlantic, Gabriel Pacyniak
Faculty Scholarship
The report finds that clean transportation policies could cut greenhouse gas emissions between 29 to 40 percent in the TCI region by 2030. A comprehensive implementation of state policies could result in net cost savings of up to $72.5 billion over 15 years for businesses and consumers, along with tens of thousands of new jobs and improvements in public health.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Goal-Oriented Disclosure Design For Shale Oil And Gas Development, Kate Konschnik
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
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
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 …
On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie
On Local Fracking Bans: Policy And Preemption In New Mexico, Alex Ritchie
Natural Resources Journal
In the midst of the hydraulic fracturing revolution, elected officials in Mora County, New Mexico recently banned all oil and gas production within the county. But the officials went even further, stripping corporations of constitutional rights and declaring the constitutions of the United States and the state of New Mexico illegal if interpreted as inconsistent with the ordinance. Why would a small rural county like Mora with no oil and gas operations to speak of adopt such an extreme ordinance? This article applies economics, political choice, and localism theories to argue that Mora County’s decision may be at least partly …
Hydraulic Fracturing: If Fractures Cross Property Lines, Is There An Actionable Subsurface Trespass, Keith B. Hall
Hydraulic Fracturing: If Fractures Cross Property Lines, Is There An Actionable Subsurface Trespass, Keith B. Hall
Natural Resources Journal
The law recognizes trespass liability for subsurface intrusions, at least in some circumstances. Further, courts sometimes have stated that ownership of land extends to the earth’s center. But such statements are dicta. Few courts have carefully considered the maximum extent of subsurface ownership or subsurface trespass liability. Courts in two jurisdictions have recently addressed whether a person incurs liability when he causes hydraulic fracturing fluid to intrude into the subsurface of a neighbor’s land, but the courts reached opposite conclusions, with each suggesting that public policy supported its position. Neither adequately examined the legal issues. Careful consideration of trespass concepts …
Assessing The Scope Of The National Environmental Policy Act: Recent Attempts By Environmentalists To Add Climate Change Considerations Into Nepa Review, Maureen O'Dea Brill
Assessing The Scope Of The National Environmental Policy Act: Recent Attempts By Environmentalists To Add Climate Change Considerations Into Nepa Review, Maureen O'Dea Brill
Natural Resources Journal
As the United States continues its roaring ramp up as the world’s leading natural gas producer, the environmental community is trying to force the federal government to account for the aggregate impact of domestic natural gas production from shale, especially in the context of climate change. To achieve this goal, environmental organizations have sought to employ the National Environmental Policy Act (NEPA), a law aimed at increasing government awareness of the broader environmental consequences of federal action. This article explores the two ways in which environmental organizations have tried to expand federal environmental reviews to include climate change considerations under …
Can The United States Control Its Natural Gas: International Trade Implications Of Restrictions On Liquefied Natural Gas Exports, Adam Eldean
Natural Resources Journal
This article examines the cross-section between energy, environmental, and international law while exploring the recent developments of liquefied natural gas (LNG) exports to non-free trade agreement countries, and considers how international free trade agreements affect efforts to restrict or limit exports of LNG. The article discusses the environmental and economic impacts of large-scale exports of LNG, but argues that efforts to stifle LNG exports will ultimately fail regardless of potential negative impacts due to conflict with existing international trade agreements, including the General Agreement on Tariffs and Trade and the North American Free Trade Agreement. Since approval of export licenses …
Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie
Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie
Faculty Scholarship
Scholars periodically note the impending upsurge in local oil and gas regulation, offering various reasons for increased local action. Papers written only a few years ago attribute greater local action in the West to population growth, increased urbanization, and increased demand for energy. Consider, however, more recent phenomena. First, population migration from more liberal states to more traditionally conservative producing states likely plays a role, as new residents [11-4] bring perspectives opposing drilling activity. Second, while the suburbs continue to expand into the oil patch, the oil patch has expanded into the suburbs and urban areas as well. Hydraulic fracturing …
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez
Natural Resources Journal
No abstract provided.
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt
Natural Resources Journal
No abstract provided.
Fracking Surrounded By Misinformation, Alex Ritchie
Fracking Surrounded By Misinformation, Alex Ritchie
Faculty Scholarship
No abstract provided.
Scattered And Dissonant: The Clean Air Act, Greenhouse Gases, And Implications For The Oil And Gas Industry, Alex Ritchie
Scattered And Dissonant: The Clean Air Act, Greenhouse Gases, And Implications For The Oil And Gas Industry, Alex Ritchie
Faculty Scholarship
In the midst of a domestic oil and gas production revolution, the Environmental Protection Agency (EPA) has constructed a web of findings and regulations to control greenhouse gas (GHG) emissions from stationary sources under the auspices of the Clean Air Act. This Article explores the theoretical and practical implications for the oil and gas industry of EPA’s Clean Air Act GHG regulatory regime that, in light of congressional paralysis, will continue to expand beyond major new and modified oil and gas facilities such as refineries and natural gas processing plants. Future rulemakings directly aimed at the oil and gas industry …
Avoidable “Fraccident”: An Argument Against Strict Liability For Hydraulic Fracturing, Joseph A. Schremmer
Avoidable “Fraccident”: An Argument Against Strict Liability For Hydraulic Fracturing, Joseph A. Schremmer
Faculty Scholarship
Whether fracking is an abnormally dangerous activity for purposes of strict liability appears to be an issue of first impression. That larger issue primarily turns on a smaller one: whether fracking accidents—or “fraccidents”—are avoidable or unavoidable. To that end, this Comment argues that when practiced with reasonable care and in the vicinity of other petroleum production, fraccidents are avoidable, and thus, fracking is not abnormally dangerous. Instead of strict liability, courts should combine a negligence standard with res ipsa loquitur to determine liability of fracking companies that contaminate water sources. First, this Comment will present background on the process and …
Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske
Anaerobic Digestion Technology: How Agricultural Producers And The Environment Might Profit From Nuisance Lawsuits, Catherine M. H. Keske
Natural Resources Journal
No abstract provided.
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
The Landsafe Socioecological Development Model For The Customary Commons Of Zambia: Evolution And Formalization, I.P.A. Manning
Natural Resources Journal
No abstract provided.
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Implementation Of The Arizona Water Settlement Act In New Mexico: An Overview Of Legal Considerations, Adrian Oglesby
Natural Resources Journal
No abstract provided.
The Due Diligence Process And Its Impact On The Deal: A Primer On Bayoneting The Wounded, Alex Ritchie, A. John Davis
The Due Diligence Process And Its Impact On The Deal: A Primer On Bayoneting The Wounded, Alex Ritchie, A. John Davis
Faculty Scholarship
In earlier times of more rationale schedules, reasonable billing rates, and less client scrutiny over bills and efficiency, an associate could learn due diligence with a partner looking over her shoulder, offering wisdom and encouragement. In the modern age of instantaneous information, excessive billing rates, and unrealistic expectations, transactional firms devote too little attention to due diligence processes and training. The stresses, tensions and risks associated with due diligence only multiply in the context of the big deal – the high-stakes, all-asset, equity and merger transactions. This article seeks to provide insight into the due diligence process, particularly the big …
Equity In Policy: Failure And Opportunity, Henry Vaux Jr.
Equity In Policy: Failure And Opportunity, Henry Vaux Jr.
Natural Resources Journal
No abstract provided.
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Fiftieth Anniversary Note: A Devoted Reader's Appreciation Of The Natural Resources Journal, A. Dan Tarlock
Natural Resources Journal
No abstract provided.
Front Matter, Natural Resources Journal
Front Matter, Natural Resources Journal
Natural Resources Journal
No abstract provided.
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble
The Endangered Species Act: What We Talk About When We Talk About Recovery, Dale D. Goble
Natural Resources Journal
No abstract provided.
Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia
Appendix: Land Grant Speculation In New Mexico During The Territorial Period, David Correia
Natural Resources Journal
No abstract provided.
The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller
The History And Adjudication Of The Antonio Chavez Grant, Mark Schiller
Natural Resources Journal
No abstract provided.
Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak
Controversy Reemerges Over Hiring, Review Of Immigration Judges, Gabriel Pacyniak
Faculty Scholarship
Nearly two years after former Attorney General Alberto R. Gonzales proposed a slate of reforms to quell growing discontent over the quality of decisions from Immigration Judges and the Board of Immigration Appeals (BIA), a series of critical reports this summer thrust the nation's immigration courts back in the national spotlight.
Secondary Damages In Interstate Water Compact Litigation, David B. Willis, Joel R. Hamilton, M. Henry Robison, Norman K. Whittlesey, John B. Draper
Secondary Damages In Interstate Water Compact Litigation, David B. Willis, Joel R. Hamilton, M. Henry Robison, Norman K. Whittlesey, John B. Draper
Natural Resources Journal
No abstract provided.
'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim
'Milking' Oil Tankers: The Paradoxical Effect Of The Oil Pollution Act Of 1990, Inho Kim
Natural Resources Journal
No abstract provided.