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2016

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Articles 151 - 171 of 171

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

The Municipally Owned Gasoline Station In Somerset, Ky: The Economic And Legal Consequences, Ashley Stearns Hoover Jan 2016

The Municipally Owned Gasoline Station In Somerset, Ky: The Economic And Legal Consequences, Ashley Stearns Hoover

Kentucky Journal of Equine, Agriculture, & Natural Resources Law

No abstract provided.

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Human Rights And Extractive Industries: Environmental Law And Standards, Sara Seck Jan 2016

Human Rights And Extractive Industries: Environmental Law And Standards, Sara Seck

Articles, Book Chapters, & Popular Press

The importance of environmental laws and standards for sustainable development of extractive industries has been well recognized by the international community for decades. More recently, the relationship between human rights and environmental protection has received greater attention in light of increased global and local recognition of both substantive and procedural environmental rights. Extractive industries search for, discover and develop natural resources in countries in which the governmental and civil society institutions necessary to protect human rights may not exist or where governments lack the capacity or will to effectively ensure the protection of human rights. Allegations of human rights violations …

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Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment Jan 2016

Linkages To The Resource Sector: The Role Of Companies, Governments, And International Development Cooperation, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

With support from GIZ, CCSI prepared a report titled "Linkages to the Resource Sector: The Role of Companies, Governments, and International Development Cooperation." It outlines options for how these stakeholders can increase the economic linkages to the extractive industries sector not only in terms of ‘breadth’ (number of linkages) but also in terms of ‘depth’ (local value added). Apart from providing the theoretical framework for linkage creation and an overview of existing literature on this topic, the study highlights successful case study examples. Recommendations are provided for the three types of stakeholders.

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Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo Jan 2016

Bridge Over Troubled Waters: Resolving The Ri Grande (Rio Bravo) Water Dispute., Ruben R. Barrera, Dan A. Naranjo

St. Mary's Law Journal

Abstract Forthcoming.

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The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott Jan 2016

The Dilemma Of Interpreting Rules Of Civil Procedure: A Proposal For Elastic Formalism., L. Wayne Scott

St. Mary's Law Journal

When lawyers are well prepared, know the law, present the law, and have it ignored by judges who interpret the law in their own way, it can be frustrating. When courts publish opinions embodying this attitude, students, too, become frustrated or conclude that the law is whatever judges decide it should be. This Article does not focus on unethical judges who decide cases with wrong motives but, rather, it focuses on ethical judges who are faced with “hard” cases and have the dilemma of deciding the case, either by the rule or by the judge’s concept of fairness. In both …

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Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez Jan 2016

Suppressing The Truth: States' Purposeful Violation Of The Right Of No Cruel Or Unreal Punishment In Lethal Injection Executions., Nadine G. Rodriguez

St. Mary's Law Journal

Abstract Forthcoming.

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A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano Jan 2016

A Law And Economics Analysis Of The Duty Of Utmost Good Faith (Uberrimae Fidei) In Marine Insurance Law For Protection And Indemnity Clubs., Elizabeth Germano

St. Mary's Law Journal

Writing for the Supreme Court in The Lottawanna in 1875, Justice Joseph P. Bradley envisioned federal and state regulation of maritime affairs as “a system of law coextensive with, and operating uniformly in, the whole country.” He thought state involvement in maritime law defeated the consistency and uniformity the Constitution sought to achieve for interstate and international commerce. Over 100 years later, Justice Antonin Scalia, describing the current relationship between state and federal regulation in the admiralty arena, stated: “It would be idle to pretend that the line separating permissible from impermissible state regulation is readily discernible in our admiralty …

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The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler Jan 2016

The Admissibility Of Aerial Photographs - Evidentiary Foundations., Kristopher R. Hufstetler

St. Mary's Law Journal

Services such as Google Maps and MapQuest significantly impact how consumers use the Internet. For as much as they contribute to Internet use, issues arise concerning the use of satellite images and aerial photographs in the context of litigation. Historical concerns about satellite and aerial imagery typically involved expectations of privacy and the application of the Fourth Amendment. Courts and citizens alike express concern with when and where privacy ends with respect to aerial views. Concerns as to the admissibility of aerial photographs have also been prominent. Specifically, interest in admissibility of these photographs focuses on sufficiency, relevance, and accuracy. …

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When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene Jan 2016

When Fantasy Becomes Reality: Attempts To Regulate The Highly Unregulated Daily Fantasy Sports Industry., Garrett Greene

St. Mary's Law Journal

Legislation is beginning to creep into the once safeguard-devoid sphere of the daily fantasy sports industry. Daily fantasy sports are a subset of traditional season-long fantasy sports and are immensely lucrative, yet there are hardly any standard regulations. Ironically, the Unlawful Internet Gambling Enforcement Act (UIGEA) of 2006, which was used to outlaw online poker gambling, paved the way for daily fantasy sports, because it federally exempted fantasy sports from being classified as illegal sports gambling. The UIGEA further protects daily fantasy sports from the Professional and Amateur Sports Prohibition Act (PASPA) of 1992 which prohibits states from sponsoring sports …

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Fixed Vs.Floating Non-Participating Oil & Gas Royalty In Texas: And The Battles Rage On . . ., Christopher S. Kulander Jan 2016

Fixed Vs.Floating Non-Participating Oil & Gas Royalty In Texas: And The Battles Rage On . . ., Christopher S. Kulander

Texas A&M Law Review

The author discusses fixed and floating non-participating oil and gas royalty in Texas and concludes that royalty cases will continue to be heard by the courts.

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The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen Jan 2016

The Ethics Of Inter Partes Review Before The Uspto., Dorian Ojemen

St. Mary's Law Journal

Abstract Forthcoming.

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Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green Jan 2016

Texas's Excessive Demand Doctrine Impacts Recoveries In Litigation., Stephanie M. Green

St. Mary's Law Journal

A party demanding money they are not entitled to becomes subject to the excessive demand doctrine. Because the excessive demand doctrine is an affirmative defense, a defending party must allege its claim of excessive demand in its pleadings. A party must “plead it, prove it, and obtain findings of fact on its essential elements.” To obtain findings on the issue, both the pleadings and the evidence are required to put a question or instruction before the jury. Ensuring that the evidence is enough depends upon the trial court—whose judgment will only be overturned upon a showing of an abuse of …

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Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky Jan 2016

Coalbed Methane Development In Wyoming And Montana: The Potential Impacts Of Montana V. Wyoming, Coalbed Methane Development, And Water Quality On The Tribes Of The Powder River And Wind River Basins, Mallory J. Irwinsky

American Indian Law Review

No abstract provided.

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Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable Jan 2016

Ford V. State: Texas Forces A Resolution In The Cell Site Location Information Debate., Brandon J. Grable

St. Mary's Law Journal

Abstract Forthcoming.

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Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing Jan 2016

Use It Or Lose It: Grappling With Classification Of Post-Petition Sale Proceeds Under Chapter Seven Bankruptcy For Consumer Debtors In The Lone Star State., Danielle Nicole Rushing

St. Mary's Law Journal

Texas affords consumer debtors some of the most generous state bankruptcy exemptions in the United States. This includes the homestead exemption, which permits consumer debtors to exempt a homestead of unlimited value from forced sale, subject to certain enumerated exceptions. Bankruptcy courts throughout the state are grappling with how to characterize proceeds from the sale of an exempted homestead once a consumer debtor files a Chapter Seven bankruptcy petition. Specifically, courts consider whether a debtor may personally retain funds from the sale of a homestead or whether a Chapter Seven Trustee should receive the sale proceeds on behalf of the …

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A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada Jan 2016

A Comparison Between Shale Gas In China And Unconventional Fuel Development In The United States: Water, Environmental Protection, And Sustainable Development, Paolo D. Farah, Riccardo Tremolada

Brooklyn Journal of International Law

China is believed to have the world's largest exploitable reserves of shale gas, although several legal, regulatory, environmental, and investment-related issues will likely restrain its exploitation. China's capacity to face these hurdles successfully and produce commercial shale gas will have a crucial impact on the regional gas market and on China’s energy mix, as Beijing strives to decrease reliance on imported oil and coal, and, at the same time, tries to meet growing energy demand and maintain a certain level of resource autonomy. The development of the unconventional natural gas extractive industry will also provide China with further negotiating power …

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The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran Jan 2016

The Bureau Of Land Management's Finalized Hydraulic Fracturing Rule On Tribal Lands: A Responsibility Or Intrusion?, Kerstie B. Moran

American Indian Law Review

No abstract provided.

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Fracking In Louisiana: The Missing Process/Land Use Distinction In State Preemption And Opportunities For Local Participation, Alex Ritchie Jan 2016

Fracking In Louisiana: The Missing Process/Land Use Distinction In State Preemption And Opportunities For Local Participation, Alex Ritchie

Faculty Scholarship

Oil and gas development is testing and defining the boundaries of local government authority and autonomy as concerned municipal entities and citizens seek to limit oil and gas operations. Advances in high-volume hydraulic fracturing have increased domestic oil and gas production to historic levels.) At the same time, national and international concerns about irreversible man-made global warming have focused on fossil fuel combustion. National groups opposed to continued reliance on oil and gas as an energy source have found willing partners in many local governments and their citizens, who are anxious about the local implications of drilling and fracking. Many …

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Front Matter, Natural Resources Journal Jan 2016

Front Matter, Natural Resources Journal

Natural Resources Journal

No abstract provided.

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Rocked By Rocket: Applying Oklahoma’S Mrta To Severed Mineral Interests After Rocket V. Donabar, Jason Hubbert Jan 2016

Rocked By Rocket: Applying Oklahoma’S Mrta To Severed Mineral Interests After Rocket V. Donabar, Jason Hubbert

Oklahoma Law Review

No abstract provided.

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Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace Jan 2016

Managing Unconventional Oil And Gas Development As If Communities Mattered, Mark Squillace

Publications

The advent of horizontal oil and gas drilling into relatively impermeable shale rock, and the companion technological breakthrough of high-pressure, multi-stage fracking that frees hydrocarbons along the substantial length of these horizontal wells, has fundamentally altered the oil and gas industry. The Energy Information Administration has gone so far as to predict that North America could become a net energy exporter as early as 2019, largely as a result of the explosive growth of this “unconventional” oil and gas development. Despite its promise, managing unconventional oil and gas development has proved challenging, and many of the communities that find themselves …

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