Oil, Gas, and Mineral Law Commons^™

Oneok, Inc. V. Learjet, Inc., Keatan J. Williams

Public Land & Resources Law Review

In an ongoing dispute, the Supreme Court has allowed retail natural gas purchasers to bring state law anti-trust claims against natural gas pipelines for price manipulation. While holding that the Natural Gas Act does not create field pre-emption over these claims, the opinion hinted that there might still be conflict pre-emption. Justice Scalia, in his dissent, argued forcefully that the majority had misapplied and misconstrued the applicable case law, which, he argued, clearly created field pre-emption.

Appeal No. 0897: Ponderosa Consulting Services, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-94

Appeal No. 0904: Royalty Enterprises, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-119; Shah-Shah-Patel #2 Well

Appeal No. 0891: Green Circle Growers, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-412

Appeal No. 0864: Frack Free Mahoning, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-52 (IWC/Ground Tech., Inc. Facility)

Appeal No. 0898: Central, Ohio Oil, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Decision (Application to Operate Facility)

The Host State And The Transnational Corporation: An Analysis Of Legal Relatgionships, Roy E. Thoman

Georgia Journal of International & Comparative Law

No abstract provided.

The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau

Georgia Journal of International & Comparative Law

No abstract provided.

High Country Conservation Advocates V. United States Forest Service, 52 F. Supp. 3d 1174 (D. Colo. 2014), Kathryn S. Ore

Public Land & Resources Law Review

High Country Conservation Advocates v. United States Forest Service concerns the United States Forest Service’s and the Bureau of Land Management’s authorizations of on-the-ground mining exploration activities in the Sunset Roadless Area of western Colorado. The United States District Court for the District of Colorado’s holding has far-reaching consequences for federal agencies’ analysis and disclosure of impacts on the climate under the National Environmental Policy Act (“NEPA”). In addition to bolstering the Plaintiffs’ recent successes at establishing legal standing to challenge federal agencies’ disclosures and analyses of impacts on the climate under NEPA, High Country is the first case to …

Electric Fuel Adjustment Clause Review In Ohio, Kevin F. Duffy

Akron Law Review

"One indirect result of the [Arab] oil embargo was the Ohio General Assembly's passage of Amended House Bill 579, a law which requires the Public Utilities Commission of Ohio to periodically review the fuel adjustment charges of the state's electric utilities.2 The law has been in effect for over three years now and its success, or lack thereof, has become the subject of public debate. This article will recount Ohio's experience thus far with fuel adjustment clause review and will address the question of whether the fuel adjustment clause should be abolished, which necessarily raises the issue of whether the …

Commerce Clause; Privileges And Immunities Clause; State Hiring; Discrimination Against Nonresidents; Hicklin V. Orbeck, Donna N. Kemp

Akron Law Review

"In Hicklin v. Orbeck, the United States Supreme Court unanimously held' that Alaska's statute entitled "Local Hire Under State Leases"' violates the Constitution due to its discriminatory effect on nonresidents. Basing its decision on the Privileges and Immunities Clause,' the Court found that there was insufficient justification for the extensive discrimination against nonresidents required by the Act because the unemployment problem to be alleviated by the legislation was not due to a great influx of nonresident jobseekers. Rather, the Court attributed the problem to the fact that a large percentage of the unemployed in Alaska lack sufficient education and job …

Recent Case Decisions, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan D. Volino

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Bugging The Oil And Gas Industry: The American Burying Beetle In Oklahoma, Brett Thomas

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Old Faves And New Raves: How Case Law Has Affected Form Joint Operating Agreements—Problems And Solutions (Part Two), Christopher S. Kulander

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Social License To Operate: Hydraulic Fracturing-Related Challenges Facing The Oil & Gas Industry, Don C. Smith, Jessica M. Richards

Oil and Gas, Natural Resources, and Energy Journal

The crossroads of urban development and improved technology allowing oil and gas development in new areas can result in contentious community issues. The debate over one of the improved technologies – i.e., hydraulic fracturing – can be highly emotional. Consequently, industry must address community issues, earning trust and therefore a “social license to operate.” This paper provides fundamental knowledge of the social license to operate concept, validates its application to the oil and gas industry, particularly with respect to shale gas development, discusses the current status of social license in the unconventional development sphere, analyzes current ongoing efforts for shale …

Editor's Introduction, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan Volino

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Resolving The Energy War Through International Law And Solar Technology, Aldo Armando Cocca

Akron Law Review

A striking feature of the past decade has been a new form of war. This war, a controversy carried to extremes, apparently will not remain isolated. This conflict may be seen as a predecessor of future battles for survival, for instance a "non-renewable resources war." Such wars are not concerned with territorial boundaries; they have a much wider economic effect. They involve the entire civilized community.

The energy conflict presently has gone beyond the crisis stage. Not only is a forthcoming peace beyond the horizon, the war itself is becoming increasingly aggressive. The fact that the weapon is an exhaustible …

The Use Of Short-Term Trusts In Conjunction With Interests In Oil Or Gas Properties: A Practitioner's Guide, Robert W. Malone

Akron Law Review

This article will address the tax consequences of the funding of a short-term trust with an interest in oil or gas wells. At the end of this article there is set forth as Appendix 11 a form of short-term trust which could be used for this purpose. Appendix 11 contains an example of a situation where such use would be appropriate and a computation of the tax savings which can be generated by the use of such a trust.

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.

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

Natural Resources Journal

No abstract provided.

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

Natural Resources Journal

No abstract provided.

The 2012 Agreement On The Exploitation Of Transboundary Hydrocarbon Resources In The Gulf Of Mexico Confirmation Of The Rule Or Emergence Of A New Practice?, Guillermo J. Garcia Sanchez, Richard J. Mclaughlin

Faculty Scholarship

This Article explores the international law applicable to the exploitation of hydrocarbon resources that straddle the boundaries between States (transboundary fields) and its applicability to the U.S. and Mexico maritime boundary in the Gulf of Mexico. After a detailed examination of the different sources of international law including treaties, customary norms, judicial decisions, and bilateral practice, the Article concludes that the United States and Mexico have deviated in some regards from the standard international legal practices that other States have adopted to exploit transboundary hydrocarbon resources. The two most notable deviations are in allowing either nation to unilaterally exploit the …

Symposium: Remedies For Big Disasters: The Bp Gulf Oil Spill And The Quest For Complete Justice, Introduction, Tracy A. Thomas

Akron Law Review

This symposium, sponsored by the Remedies Section of the Association of American Law Schools, asks the question of what “complete justice” looks like for remedies and compensation for big disasters like the BP oil spill. The contributors address whether the GCCF fund provides complete justice, and whether it should serve as a precedent for future alternative systems. Their surprising answer on both accounts is no.

Unconventional Responses To Unique Catastrophes, Kenneth R. Feinberg

Akron Law Review

Mass disasters sometimes require creative remedies. The tort system may not provide the best means of compensation in unusual situations like the Agent Orange chemical exposure litigation, the Virginia Tech shootings,the attacks of September 11th (“9/11”), and the BP oil spill. Executive compensation after the financial meltdown may also require new, innovative approaches. From my work mediating and administering these cases over the last twenty-five years, I have concluded that such alternative compensation systems are—and should be—rare.

Appeal No. 0859: City Of Wooster, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2014-09 (Enviro Clean Facility)

Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff

Washington Journal of Environmental Law & Policy

This paper suggests a set of indicators to evaluate and predict the environmental performance of companies proposing to drill for oil or gas in the U.S. Arctic and recommends mechanisms for improving public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling. We use the term “performance indicator” to refer to an observable metric that correlates with an aspect of an operator’s performance that is either too difficult to measure directly, or too broad to be reduced to a single, precisely quantifiable metric. Performance indicators can be used to compare an operator’s performance in …

Proposed Indicators To Measure The Environmental Responsibiity Of Oil And Gas Companies And Regulatory Reforms To Improve Access To Information About Offshore Drilling, Wendy B. Jacobs, Aladdine D. Joroff

Washington Journal of Environmental Law & Policy

This paper suggests a set of indicators to evaluate and predict the environmental performance of companies proposing to drill for oil or gas in the U.S. Arctic and recommends mechanisms for improving public access to, and intra- and inter-agency sharing of, information from companies engaged in offshore drilling. We use the term “performance indicator” to refer to an observable metric that correlates with an aspect of an operator’s performance that is either too difficult to measure directly, or too broad to be reduced to a single, precisely quantifiable metric. Performance indicators can be used to compare an operator’s performance in …

Natural Resource Contracts As A Tool For Managing The Mining Sector, David Kienzler, Perrine Toledano, Sophie Thomashausen, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

In this report commissioned by the Bundesanstalt für Geowissenschaften und Rohstoffe (BGR) on behalf of the Federal Ministry for Economic Cooperation and Development (BMZ), CCSI examined the different types of legal regimes governing mining projects in 18 countries to gain a better understanding of mining deals granted and negotiated under different minerals regimes. CCSI compared the provisions of 30 mining contracts from 13 countries, analyzed a selection of mining-related legislative texts from 18 countries, and surveyed the experiences of mining contract negotiations through dozens of interviews with experts, government officials, company representatives, and members of civil society organizations.

The report …