Oil, Gas, and Mineral Law Commons^™

Slides: Propublica Coverage Pavillion, Wy, Abrahm Lustgarten

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Abrahm Lustgarten, ProPublica

19 slides

Slides: Experience On The Ground, Part Two: Water Use In The Marcellus, Susan Packard Legros

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Susan Packard LeGros, President & Executive Director, Center for Sustainable Shale Development (CSSD)

16 slides

Slides: Groundwater Protection Council, Steven P. Musick

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Steven P. Musick, P.G., Groundwater Protection Council

11 slides

Slides: Session 2, Water Supply And Quality: The Regulatory Framework, Richard E. Schwartz

Water and Air Quality Issues in Oil and Gas Development: The Evolving Framework of Regulation and Management (Martz Summer Conference, June 5-6)

Presenter: Richard E. Schwartz, Crowell & Moring LLP

38 slides

Sins Of The Father, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

Are the sins of previous generations of energy development, such as with oil and gas, being visited on the newest forms of energy? That is the question this article attempts to address. Specifically, this article will focus on the problems created by the severance of the mineral estate from the surface and the related dominant mineral–servient surface estate doctrine. Hydrofracturing or “fracking” for oil and natural gas has placed the problems of split estates in the spotlight more than they been in generations. People have been shocked to find drill rigs in their backyards, school playgrounds, and parks. They have …

Leveraging Mining Demand For Internet And Telecommunications Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for internet and telecommunications.

Shale In Sale—Adaptive Resolution Of Mineral Rights Disputes Through Warranty Law And Veil-Piercing Remedies, Martha Thibaut

Louisiana Law Review

The article focuses on the adaptive resolution of mineral rights disputes through warranty law and veil-piercing remedies. Louisiana Second Circuit Court of Appeal cases include Tealwood Properties LLC v. Succession of Graves, Coleman v. Burgundy Oaks LLC and Spillman v. Gasco Inc. Other topics include the seller's obligation to warrant the buyer against eviction and significance of the Second Circuit Split.

Appeal No. 0857: James M. Huebner, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2013-182; Mandatory Pooling (Sisko Unit #1 Well; Everflow Eastern Partners L.P. Inc.)

Wildearth Guardians V. Jewell, 738 F.3d 298 (D.C. Cir. 2013), Ross Keogh

Public Land & Resources Law Review

As part of a comprehensive strategy to keep coal “in the ground,” environmental plaintiffs challenged the BLM’s leasing of federally owned coal tracts in the Powder River Basin in 2010 on climate change grounds. WildEarth Guardians was the first suit to reach a federal circuit court, where the District of Columbia Circuit Court affirmed that the BLM’s environmental analysis of the climate change impacts of the leased coal was adequate under NEPA. Notably, in reversing the district court, the circuit court found that the plaintiffs had procedural standing.

Retail Investments In Precious And Industrial Metals: Mining For Proper Regulation Aimed Toward Investor Strategy, Tanya Lambrechts

Florida State University Law Review

No abstract provided.

"All" Is Not Everything: The Pennsylvania Supreme Court's Restriction Of Natural Gas Conveyances In Butler V. Charles Powers Estate Ex Rel. Warren, Mark T. Wilhelm

Villanova Law Review (1956 - )

No abstract provided.

Should Chevron Have Two Steps?, Richard M. Re

Indiana Law Journal

Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step two asks whether they are reasonable. Other judges and scholars defend two-step Chevron on the ground that the second step should be equated with arbitrary-and-capricious review. But that approach makes Chevron partially redundant with the Administrative Procedure Act and compresses the distinct mandatoriness and reasonableness questions into an artificially singular first step. This Article identifies a …

Foreword, Phillip Saunders

Dalhousie Law Journal

This special edition of the Dalhousie Law Journal includes selected papers from the 4th East Coast Seminar of the Canadian Energy Law Foundation. The scope and depth ofthe articles which follow demonstrate the growing maturity ofthe East Coast Energy sector, both inthe refinement and further definition of the offshore exploration and exploitation regimes that were the focus ofthe 1st East Coast Seminar in 2000, and the increasing relevance of government and industry interest in land-based hydrocarbons as well as alternative energy sources such as wind and tidal power. This collection reflects the importance of these developments, and also extends to …

The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie

Dalhousie Law Journal

The development of an offshore oiland gas industry in the Gulf ofSt. Lawrence has created, for the first time, the potential for interactions between the Newfoundland and Labrador offshore regulatory regime and other regimes (either the new regime in Quebec or the National Energy Board). As industry participants evaluate where they will spend their exploration dollars, they will need to understand the various regulatory regimes in place. Land tenure in Newfoundland and Labrador is similar to the regime in places subject to the jurisdiction of the National Energy Board. Over the past 25 years, however the decisions of the courts …

Onshore Oil And Gas Regimes In Atlantic Canada:, Michael P. Simms, Carole Chan

Dalhousie Law Journal

The focus ofoiland gas development in the Atlantic region has for many years been on the offshore areas. However, there is active exploration and some production onshore, and it is likely that interest and investment will increase in this sector in coming years. This paper considers the legislative regimes for onshore oil and gas development in the Atlantic provinces-including tenure arrangements, surface access issues, operational regulation, pooling and unitization provisions, royalties and abandonment and liability-with comparisons to schemes applicable in western Canada. The existing legislative regimes in the Atlantic region date back many years, and are likely to be the …

Deepwater Horizon: Lessons For The Offshore, Wiley Spicer

Dalhousie Law Journal

This paper reviews the regulatory framework governing offshore oil and gas operations on the continental shelf. Offshore exploration comprises both marine and industrial elements, regulated through a complex web of national (coastal state) regulation and international conventions, the latter primarily directed towards the marine aspects of operations. Following the Deepwater Horizon disaster of 2010, the adequacy of current regulatory approaches came under increased scrutiny It is argued in this paper that the growing complexity of the industry, coupled with increasing activity in deepwater and Arctic environments, requires development of a more robust system of international regulation.

Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens

Dalhousie Law Journal

This paper explores the relationship between the public's right to access records in the custody or under the control of the government with the oil and gas industry's need to protect its confidential information from disclosure. Focusing on practical issues, the authors review the law of confidence, the structure of the access to information legislation and related case law, the public policy considerations supporting same, and some of the risks and pitfalls that organizations can avoid if they consider such legislation when interacting with public bodies.

Developments. In Newfoundland And Labrador Offshore Royalties: From Hibernia To Hebron And Back, R J. Thrasher, Simon Baines

Dalhousie Law Journal

This paper traces the historical development of the offshore oil and gas royalty regime for Newfoundland and Labrador, from the first negotiated private royalty agreement for the Hibernia project, through the application of both generic and project-specific regulatory schemes applicable to later projects, up to the Hibernia Southern Expansion. The variations in key provisions across the six major projects are reviewed, with regard to royalty structures, transportation cost eligibility, cost and production allocation, dispute settlement and legislative stability clauses. Finally, the prospect for application of innovations and solutions developed to date to future projects is considered.

Conflicting Property Rights Between Conservation Easements And Oil And Gas Leases In Ohio: Why Current Law Could Benefit Conservation Efforts, Nicholas R. House

William & Mary Law Review

First, this Note will establish why conservation easements and oil and gas leases are likely to conflict. Second, this Note will present two scenarios under which conservation easements and oil and gas leases might conflict and then demonstrate how current law sorts out the conflicting rights. Third, it will advance several arguments for how conservation easements should be adapted, identifying specific provisions that should be altered in light of the Internal Revenue Code and Ohio’s current legal structure. By doing so, this Note will elucidate how the oil and gas boom in Ohio offers conservation organizations a unique opportunity to …

Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.

This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.

Slides: Best Management Practices For Oil And Gas Development And Comparative Water Quality Database Of Regulations Relating To Shale Oil And Gas, Matt Samelson, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Presenter: Matt Samelson, J.D., Attorney, Consultant for Intermountain Oil and Gas Best Management Practices (BMP) Project, Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School

34 slides

Drilling Down: New York, Hydraulic Fracturing, And The Dormant Commerce Clause, Meredith A. Wegener

Brigham Young University Journal of Public Law

The debate surrounding hydraulic fracturing and natural gas development from shale rock needs no embellishment. This highly sought resource and highly fought drilling technique trigger significant concerns: human health, energy independence, national security, water safety, air quality, agricultural well-being, outdoor aesthetic impairment, government involvement at all levels and by all branches, and economic development and sustainability. Whether actively participating in this conversation or not, everyone has a stake in the resolution of whether to allow this technique to be utilized and these resources to be produced.

Leveraging Mining Investments In Water Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda

Columbia Center on Sustainable Investment Staff Publications

The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for water infrastructure.

A Framework To Approach Shared-Use Of Mining Related Infrastructure, Perrine Toledano, Sophie Thomashausen, Nicolas Maennling, Alpa Shah

Columbia Center on Sustainable Investment Staff Publications

In April 2013, CCSI was awarded a grant from the Australian Government to develop an economically, legally and operationally rational framework to enable shared use of mining-related infrastructure, including rail, ports, power, water, internet and telecommunications. The framework was obtained by distilling best practice principles from infrastructure developments around the world, guided by expert opinion. It has most recently been refined through in-depth case studies in Liberia, Sierra Leone, and Mozambique, although its principles aim to be of general relevance to all resource rich African countries. The report was finalized in March 2014.

Energy Reform In Mexico: Lessons And Warnings From International Law, Guillermo J. Garcia Sanchez

Faculty Scholarship

The article analyzes some of the contents of the Mexican Energy Reform of 2013 and warns on the international legal implications that the path that Mexico has chosen to follow could bring to its economy and international relations. Concretely, it argues that in order to avoid falling into the same mistakes made by other Latin American countries in the region, Mexico must consider its obligations contained in international treaties signed with the United States on transboundary resources, and its obligations in bilateral investment treaties that protect foreign investors from certain government acts and policies.

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

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)

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)