Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (129)
- Energy and Utilities Law (95)
- Environmental Law (68)
- Administrative Law (54)
- Property Law and Real Estate (50)
-
- Land Use Law (38)
- International Law (30)
- Agriculture Law (26)
- Water Law (26)
- Animal Law (25)
- Cultural Heritage Law (22)
- Comparative and Foreign Law (17)
- Constitutional Law (17)
- Admiralty (16)
- Civil Law (16)
- International Trade Law (16)
- Law of the Sea (16)
- State and Local Government Law (15)
- Torts (15)
- Agency (14)
- Air and Space Law (14)
- European Law (14)
- Indigenous, Indian, and Aboriginal Law (14)
- Natural Law (14)
- Public Law and Legal Theory (14)
- Science and Technology Law (14)
- Construction Law (13)
- Disaster Law (13)
- Institution
-
- University of Kentucky (56)
- University of Oklahoma College of Law (54)
- Texas A&M University School of Law (22)
- University of Montana (12)
- Fordham Law School (11)
-
- Columbia Law School (10)
- Case Western Reserve University School of Law (9)
- Barry University School of Law (5)
- West Virginia University (3)
- Louisiana State University Law Center (2)
- Penn State Dickinson Law (2)
- Seattle University School of Law (2)
- Universitas Indonesia (2)
- University of Michigan Law School (2)
- University of New Mexico (2)
- University of Washington School of Law (2)
- Yeshiva University, Cardozo School of Law (2)
- American University Washington College of Law (1)
- American University in Cairo (1)
- Beirut Arab University (1)
- Brooklyn Law School (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Pace University (1)
- SJ Quinney College of Law, University of Utah (1)
- Schulich School of Law, Dalhousie University (1)
- Southern Methodist University (1)
- Tennessee State University (1)
- The Peter A. Allard School of Law (1)
- The University of San Francisco (1)
- Keyword
-
- Climate change (13)
- Law (9)
- Ohio (9)
- State law; State administrative decision (9)
- Environmental law (5)
-
- Extractive industries (5)
- Decarbonization (4)
- Energy (3)
- Environment (3)
- Mining (3)
- NEPA (3)
- Oil and gas (3)
- Renewable energy (3)
- Agriculture (2)
- COVID-19 (2)
- Carbon (2)
- Clean and healthful environment (2)
- Clean energy (2)
- Climate (2)
- Community (2)
- DEQ (2)
- DNRC (2)
- Fossil fuel (2)
- Gas (2)
- Global warming (2)
- Governance (2)
- Greenhouse gas (2)
- Human rights (2)
- Indigenous rights (2)
- Investment (2)
- Publication
-
- Journal of Natural Resources & Environmental Law (55)
- Oil and Gas, Natural Resources, and Energy Journal (53)
- Texas A&M Journal of Property Law (20)
- Public Land & Resources Law Review (12)
- Fordham Environmental Law Review (11)
-
- Columbia Center on Sustainable Investment Staff Publications (9)
- Ohio Oil & Gas Commission Decisions (9)
- Environmental and Earth Law Journal (EELJ) (5)
- Faculty Scholarship (5)
- West Virginia Law Review (3)
- Dickinson Law Review (2017-Present) (2)
- Washington Law Review (2)
- "Dharmasisya” Jurnal Program Magister Hukum FHUI (1)
- American University Law Review (1)
- Articles (1)
- Articles & Chapters (1)
- Articles by Maurer Faculty (1)
- BAU Journal - Science and Technology (1)
- Brooklyn Journal of International Law (1)
- Cardozo International & Comparative Law Review (1)
- Cardozo Law Review (1)
- Centre for Law and the Environment (1)
- Dissertations & Theses (1)
- Extension Publications (1)
- Faculty Articles (1)
- Faculty Journal Articles (1)
- Harvey M. Applebaum ’59 Award (1)
- Indonesia Law Review (1)
- Journal Articles (1)
- Kentucky Journal of Equine, Agriculture, & Natural Resources Law (1)
- Publication Type
Articles 91 - 120 of 218
Full-Text Articles in Oil, Gas, and Mineral Law
Meic V. Deq, Kirsten D. Gerbatsch
Meic V. Deq, Kirsten D. Gerbatsch
Public Land & Resources Law Review
Hecla Mining Company and its subsidiaries want to develop two industrial silver and copper mines––the Montanore and Rock Creek projects––beneath northwest Montana’s Cabinet Mountains Wilderness. Environmental organizations, in just one of a series of legal challenges to protect high-quality designated resource waters and unique bull trout and grizzly bear habitat, brought an action seeking a declaration that Montana Department of Environmental Quality’s issuance of a permit for the Montanore Project was unlawful. The Montana Supreme Court, in a four-member majority, affirmed the district court’s vacatur and remanded the case to the state agency for further proceedings. The decision is celebrated …
West Virginia, Michael K. Reer, Valerie Antonette
West Virginia, Michael K. Reer, Valerie Antonette
Texas A&M Journal of Property Law
West Virginia is one of the most prolific energy-producing states in the country. According to the U.S. Energy Information Administration, West Virginia ranked seventh among states in production of natural gas in 2018, contributing 1.8 trillion cubic feet. Further, the consistency in permit application appears to support the proposition that West Virginia operators will continue producing significant volumes well in the future. The West Virginia Department of Environmental Protection (“WVDEP”) issued 582 horizontal well permits in 2015, 223 in 2016, 509 in 2017, 433 in 2018, and 467 in 2019.
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Texas A&M Journal of Property Law
The distinct three energy grids as such exist in the United States (the Western Interconnection, the Eastern Interconnection, and the Texas Interconnection or ERCOT) unnecessarily constrain the United States in addressing its future energy needs, as electricity flow between the three grids is very limited. As our country’s reliance on traditional nonrenewable energy sources like coal continue to decline and the reliance on renewable energy sources continues to grow, the United States should focus on replacing the existing three-grid system with a national energy grid that will benefit energy companies and consumers, as well as serve our future energy needs. …
Alabama, Brandt Hill, Ted Holt
Alabama, Brandt Hill, Ted Holt
Texas A&M Journal of Property Law
Between October 2019 and September 2020, there were no noteworthy appellate decisions interpreting Alabama law directly relevant to oil and gas companies or operations. Similarly, there are no statutory amendments or administrative decisions impacting oil and gas companies operating in the state. However, the Alabama Supreme Court and the Eleventh Circuit Court of Appeals each issued an opinion addressing jurisdiction and procedural issues that are relevant to operators in Alabama. We discuss those opinions below.
Arkansas, John Peiserich
Arkansas, John Peiserich
Texas A&M Journal of Property Law
Does the government have the authority to alter the terms of an agreement between private parties that it deems unfair? At first pass, most Americans would agree that it does not. Of course, exceptions apply. American courts exercise the right to break up monopolies, enforce a minimum wage, and invalidate contracts that they deem unconscionable.
Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard
Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard
Texas A&M Journal of Property Law
On March 23, 2020, the Michigan Court of Claims issued its opinion in Mannes v. Michigan Dep’t of Treasury. This case considered the meaning of the phrase “expenses of producing oil and gas” as such expenses relate to “taxable income” under the Michigan Income Tax Act of 1967.
Ohio, Gregory W. Watts, Matthew W. Onest
Ohio, Gregory W. Watts, Matthew W. Onest
Texas A&M Journal of Property Law
Ohio courts continue applying the Ohio Marketable Title Act to severed oil and gas rights.1 As with many statutes, there are generally two questions that must be answered: (1) does the particular statute apply to the particular facts of the case and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case? Both questions about Ohio’s Marketable Title Act and severed mineral interests were further examined and explored in 2020.
Oklahoma, Mark D. Christiansen
Oklahoma, Mark D. Christiansen
Texas A&M Journal of Property Law
The case of White Star Petroleum, LLC v. MUFG Union Bank, N.A. presented two questions of state law certified to the Oklahoma Supreme Court by the United States Bankruptcy Court for the Western District of Oklahoma: (1) Are the “trust funds” create[d] by Title 42 O.S. § 144.2, entitled “Creation and Appropriation of Trust Funds for Payment of Lienable Claims,” limited to obligations due nonoperator joint working interest owners, or do such funds include payments due [to] holders of mechanic’s and materialmen’s liens arising under and perfected by Title 42 O.S. § 144? (2) Does the Oil and Gas Owners’ …
Virginia, Daniel B. Kostrub
Virginia, Daniel B. Kostrub
Texas A&M Journal of Property Law
This Article addresses developments in Virginia oil and gas law for the period from September 1, 2019, to September 1, 2020. During this period, the Supreme Court of the United States heard the Atlantic Coast Pipeline case, providing a significant ruling that allowed the pipeline to cross underneath the Appalachian trail. Additionally, Judge Chadwick S. Dotson of the Circuit Court of Wise County and the City of Norton issued an opinion regarding the mining of uranium in the Commonwealth.
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone
Texas A&M Journal of Property Law
On the road to energy security, independence, and success, this past year Oklahoma has seen “construction” projects in the works. Renewable energy, however, hit a major roadblock in the form of the COVID-19 pandemic. Historically, Oklahoma produced most of its electricity through coal and natural gas. In the past decade, renewable sources like wind and solar energy represent a growing segment of electricity generation in the state. In 2019 and 2020, Oklahoma developed a stronger renewable energy policy by enacting legislation, passing administrative decisions, and passing local city ordinances.
Lousiana, Keith B. Hall
Lousiana, Keith B. Hall
Texas A&M Journal of Property Law
Act No. 227 of the 2020 Regular Session of the Louisiana Legislature amends Louisiana Mineral Code article 212.21 (also known as Louisiana Revised Statutes 31:212.21). In particular, Act No. 227 amends article 212.21 to clarify that the article does not apply to claims brought by unleased owners—that is, landowners2 or mineral servitude3 owners whose mineral interests are not under lease.
Wyoming, Jeffrey S. Pope, Deanna Sami Falzone
Wyoming, Jeffrey S. Pope, Deanna Sami Falzone
Texas A&M Journal of Property Law
In 2019, Wyoming ranked eighth nationally in both crude oil and natural gas production. Sales of crude oil production totaled 101.8 million barrels, up 16% from 2018, while natural gas production totaled 1.456 trillion cubic feet, which was down 8.52% from 2018.1 However, as of August 1, 2020, Wyoming had zero oil and natural rigs in operation for the first time since 1884.
Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19, Matthew A. Arth
Don't Mess With Texas Solar: Pv Growth Continues Despite Covid-19, Matthew A. Arth
Texas A&M Journal of Property Law
2020 was the year of the unexpected, but one constant in the energy industry remained the exponential growth of solar generation in Texas, which largely continued its expansion as predicted. Electric Reliability Council of Texas’s (“ERCOT”) 2019 State of the Grid Report noted that installed solar generation capacity in ERCOT stood at 2,281 megawatts (MW) at year-end 2019, with over 67,000 MW of further solar capacity under study, exceeding even the amount of wind generation capacity under study. By July 2020, installed capacity of solar generation increased by almost 1 gigawatt (GW) to a total of 3,275 MW, representing approximately …
New Mexico, Sharon T. Shaheen
New Mexico, Sharon T. Shaheen
Texas A&M Journal of Property Law
The New Mexico appellate courts issued no opinions relating to oil and gas in the past year.
Montana, Stephen R. Brown
Montana, Stephen R. Brown
Texas A&M Journal of Property Law
In 2019, Montana produced nearly twenty-three million barrels of crude oil, up slightly from its 2018 production, and 48.5 million cubic feet of natural gas. Through mid-2020, both crude oil and natural gas production declined by more than 25% when compared to the same period in 2012.
Alaska, George R. Lyle, Adam D. Harki, Traci N. Bunkers
Alaska, George R. Lyle, Adam D. Harki, Traci N. Bunkers
Texas A&M Journal of Property Law
The Alaska State Legislature was scheduled to convene its Second Regular Session of the Thirty-First Legislative Session from January 21, 2020, through May 20, 2020. However, on March 29, 2020, the Alaska State Legislature, like other state legislatures, suspended its session effective immediately, in response to the coronavirus pandemic (“COVID-19”). While the suspension was initially continued through May 18, 2020, the Alaska Legislature formally adjourned on May 20, 2020. Given the adjournment, the legislature did not pass any substantive oil and gas legislation.
Pennsylvania, Michael K. Reer, Valerie Antonette
Pennsylvania, Michael K. Reer, Valerie Antonette
Texas A&M Journal of Property Law
According to the U.S. Energy Information Administration, Pennsylvania ranked second among states in production of natural gas in 2018, contributing nearly seven trillion cubic feet. Although the number of unconventional permit applications received by the Pennsylvania Department of Environmental Protection (“PADEP”) remains relatively robust, the number of unconventional well applications continues to decline from the peak of 3,182 received in 2014.3 In 2019, PADEP received 1,475 unconventional permit applications, as compared to 1,868 in 2018 and 2,028 in 2017.
California Community Choice Aggregation Law & Regulation, Ryan M. F. Baron, Glen Price, Benjamin Bodell
California Community Choice Aggregation Law & Regulation, Ryan M. F. Baron, Glen Price, Benjamin Bodell
Texas A&M Journal of Property Law
The purpose of this special topic is to provide a summary of the laws and regulations associated with the development of Community Choice Aggregation (“CCA”) in California and the growing impact of CCA in the California energy market.
Federal Legal And Regulatory Developments Relating To The U.S. Pipeline Industry, Chloe J. Marie, Ross Pifer
Federal Legal And Regulatory Developments Relating To The U.S. Pipeline Industry, Chloe J. Marie, Ross Pifer
Texas A&M Journal of Property Law
The Atlantic Coast Pipeline (“ACP”) was designed as a 600-mile underground, pipeline project transporting natural gas from well sites in West Virginia to end users throughout Virginia and North Carolina. Atlantic Coast Pipeline, LLC (“Atlantic Coast”), the developer of the ACP project, began the extensive process of obtaining the necessary regulatory approvals for this project by initiating a pre-filing process with the Federal Energy Regulatory Commission (“FERC”) in October 2014. In the nearly six years that followed, the project received various permits related to water and air quality as well as other matters from state and federal agencies. At nearly …
The Minnesota Taconite Production Tax: An Alternative Index, Peter Kakela, Howard Haas, Dena Draskovich
The Minnesota Taconite Production Tax: An Alternative Index, Peter Kakela, Howard Haas, Dena Draskovich
Journal of Natural Resources & Environmental Law
No abstract provided.
Southern Ute: Trial Court To Supreme Court, Elizabeth A. Mcclanahan, Jill M. Harrison
Southern Ute: Trial Court To Supreme Court, Elizabeth A. Mcclanahan, Jill M. Harrison
Journal of Natural Resources & Environmental Law
No abstract provided.
Lost In Space: An Exploration Of The Current Gaps In Space Law, Katherine Latimer Martinez
Lost In Space: An Exploration Of The Current Gaps In Space Law, Katherine Latimer Martinez
Seattle Journal of Technology, Environmental, & Innovation Law
Since the 1960’s the international community has made huge advancements in technology and space exploration. However, since that time, the legal and regulatory system governing such advances and exploration has not matched the course. The body of law governing outer space exploration and resources has failed to keep up with advances in the industry. Individual countries, originally thought to not have spacefaring capabilities, are now major contributors to the future of space exploration, each with its own regulatory system. Furthermore, over time there has been an increase in the presence and influence of private companies over the research and development …
Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin
Considering Environmental Impact Under Uncommon Personal Circumstances Carey V. Commonwealth And The Storage Tank Act, Catherine M. Hillin
Villanova Environmental Law Journal (1991 - )
No abstract provided.
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
Responsible Business Conduct In The Extractive Industries: Prospect Of Respecting Women's Human Rights In Ghana, Veronica Dossah
LLM Theses
Business operations in the extractive industries (EI) continue to violate women’s human rights and the environment in the communities in which they operate. In Ghana, existing laws and regulations do not preclude businesses from such violations. This makes it important to reflect on innovative means including soft laws which could encourage companies operating in the EI in Ghana to respect women’s human rights and the environment over and above compliance with national laws and regulations. This thesis examines the problem of land grabbing by EI companies operating in Ghana, the unique negative impacts women in mining communities face as a …
When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez
When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez
Faculty Scholarship
From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that are protected by treaties and enforced by arbitral tribunals. At the same time, tribal communities have an internationally recognized right to receive prior and informed consultation before they are affected by projects of this nature. The Article focuses on the clash of rights between energy extraction …
Quandary Or Quest: Problems Of Developing Coalbed Methane As An Energy Resource, Kathy Jean Flaherty
Quandary Or Quest: Problems Of Developing Coalbed Methane As An Energy Resource, Kathy Jean Flaherty
Journal of Natural Resources & Environmental Law
No abstract provided.
Surface Mining And The Continuing Battle Between Surface And Subsurface Property Owners: A Look At South Dakota Mining Association V. Lawrence County, Kevin A. Smith
Journal of Natural Resources & Environmental Law
No abstract provided.
Marking The Path Post-Cotton: The Supreme Court Reaffirms Dual Taxation In Montana V. Crow Tribe Of Indians, Heather G. Pennington
Marking The Path Post-Cotton: The Supreme Court Reaffirms Dual Taxation In Montana V. Crow Tribe Of Indians, Heather G. Pennington
Journal of Natural Resources & Environmental Law
No abstract provided.
Application Of The Unit Rule To The Valuations Of Coal Reserves In Condemnation Proceedings In Kentucky And West Virginia, Andrew S. Zettle
Application Of The Unit Rule To The Valuations Of Coal Reserves In Condemnation Proceedings In Kentucky And West Virginia, Andrew S. Zettle
Journal of Natural Resources & Environmental Law
No abstract provided.
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell
Public Land & Resources Law Review
The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.