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Articles 1 - 30 of 153
Full-Text Articles in Oil, Gas, and Mineral Law
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Yellowstone National Park's Record Of Decision On Bison Management, Lila Bennett
Public Land & Resources Law Review
Bison herds once roamed the American Plains by the millions and were a staple in the lives of Native Americans. By the late 1800’s, bison were nearly extinct due to the westward expansion of European settlers and over hunting. Now, there is a population of merely 30,000 wild bison in North America. Although bison no longer face threats of immediate extinction, wild herds face stark realities of disease, habitat loss, and genetic degradation.
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Schutter V. State Board Of Land Commissioners, Gillian P. Ellison
Public Land & Resources Law Review
In Schutter v. State Board of Land Commissioners, the Montana Supreme Court addressed the State’s fiduciary obligation in the context of water rights appurtenant to school trust lands. Central to the Court’s holding was the State’s fiduciary duty in managing lands held in trust for the benefit of the State. By upholding the State’s claim to partial ownership of a water right originating on private land, the Schutter Court underscored the tension between private property rights and the State's trust fiduciary duties.
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Flathead-Lolo-Bitterroot Citizen Task Force V. Montana, Sarah J. Leopard
Public Land & Resources Law Review
Flathead-Lolo-Bitterroot Citizen Task Force v. Montana evaluates the efficacy of the proposed 2024 gray wolf floating season in preventing harm to grizzly bears, a protected species in Montana. The Court of Appeals for the Ninth Circuit affirmed the implementation of a “serious questions” test for preliminary injunctions that is specific to Endangered Species Act cases. The Court agreed with the district court’s grant of a preliminary injunction that limited the 2024 floating season temporally, but modified the injunction in two respects, thereby narrowing its application. The Court’s holding signifies the continuation of a preliminary injunction standard that values protections for …
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Corner Post V. Board Of Governors Of Federal Reserve System, Alexis Karbowicz
Public Land & Resources Law Review
Corner Post v. Board of Governors of the Federal Reserve System resolved a circuit split on when claims against the federal government “accrue” under 28 U.S.C.A. § 2401(a). The Supreme Court clarified whether plaintiffs must file challenges within six years of a regulation’s enactment or may wait until they are directly affected by an agency action, even if that occurs years later. Examining the case’s factual and procedural background provides insight into the relevant regulatory context. The Court’s analysis offers a detailed interpretation of statutory language and establishes principles of claim accrual, alongside the policy considerations of regulatory finality and …
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
The Biopiracy Of Traditional Knowledge In United States Patent Law, Hannah Green
Public Land & Resources Law Review
The United States intellectual property (“IP”) system is deeply intertwined with our country’s history and constitution. t is foundational in favoring young American inventors. George Washington signed the first patent act in 1790 in hopes of promoting the innovation and progress of science and useful arts. Yet, our patent system was also built around the Western tradition of individualism and competition, which failed to recognize the communal nature and traditional knowledge of tribal communities. This disparity allows the biopiracy of traditional knowledge to be lawful. This comment will explore the harmful toll that United States patent law has taken on …
What Next For Japan And The Republic Of Korea In The East China Sea? The Law Of The Sea Perspective, Makoto Seta, Vasco Becker-Weinberg
What Next For Japan And The Republic Of Korea In The East China Sea? The Law Of The Sea Perspective, Makoto Seta, Vasco Becker-Weinberg
International Law Studies
In 1974, Japan and the Republic of Korea (RoK) concluded a joint development agreement concerning the continental shelf where their respective maritime claims overlapped. However, there has been no oil or gas production from the joint development zone. Therefore, after five decades of the agreement being in force, and because it can be unilaterally terminated after 2028, it is appropriate to consider what happens next for Japan and RoK in the East China Sea. Looking forward, the authors consider that the framework for post-2028 could take one of three forms: maintaining the status quo, terminating the joint development agreement, or …
Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?
Fordham Environmental Law Review
As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …
A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry
Fordham Environmental Law Review
Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …
Why We Need A Constitutional Right To Healthy Environment In Canada
Why We Need A Constitutional Right To Healthy Environment In Canada
Fordham Environmental Law Review
The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …
How The Settler State Continues To Dispossess: Infrastructural (Dis)Entitlement On The Critical Minerals Frontier, Dayna Nadine Scott
How The Settler State Continues To Dispossess: Infrastructural (Dis)Entitlement On The Critical Minerals Frontier, Dayna Nadine Scott
All Papers
The scramble for critical minerals to fuel the energy transition is driving new extractive frontiers across the globe. In Ontario’s far north, settler state authorities and extractive firms are engaged in coordinated tactics to gain ground amidst a growing polarization in positions of Indigenous leadership. There is both a surging resistance to, and a resigned acceptance of, critical minerals mining by First Nations. Drawing on years of community-engaged research, I detail here the contemporary state tactics of infrastructural (dis)entitlement; infrastructural needs are both denied and fulfilled to differential effect. Infrastructural disentitlement is passive; it is not necessarily deliberate, nor is …
A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo
A Flexible Approach To Reach An Equitable Solution: The Application Of Principles To The Delimitation Of The Continental Shelf, Ángeles Jiménez García-Carriazo
International Law Studies
The delimitation of the continental shelf is an old exercise shaped by case law and State practice. Although every delimitation is unique, judicial practice has provided guidance about the principles to be applied in pursuit of an equitable solution. This article examines the guiding doctrines, the contemporary principles, and the emerging principles and rules in the delimitation of the continental shelf. It first analyzes the role of principles in continental shelf delimitation within two hundred nautical miles. Subsequently, it examines whether the same principles apply to the delimitation of the extended continental shelf, considering that the entitlement within two hundred …
Solving The Stranded Asset Problem Of Retiring Coal Plants: An Evaluation Of Regulatory Approaches, Matthew Appel
Solving The Stranded Asset Problem Of Retiring Coal Plants: An Evaluation Of Regulatory Approaches, Matthew Appel
Michigan Journal of Environmental & Administrative Law
Meeting the Biden administration's goal of cutting greenhouse gases by at least 50 percent from 2005 levels by 2030 will necessarily require transitioning the U.S. energy system away from carbon-intensive fossil fuels like coal. However, coal plants that are retiring early in states with regulated electricity markets usually still have undepreciated book value that has not yet been recovered from ratepayers. If not handled correctly, these "stranded assets" could have financial consequences for utility companies and cause them to actively oppose the energy transition. This Note aims to evaluate possible solutions to this problem. Through the prism of ratemaking legal …
Ownership And Development Of Rare Earth Elements And Critical Minerals In Mine Drainage In West Virginia, Robert E. Akers
Ownership And Development Of Rare Earth Elements And Critical Minerals In Mine Drainage In West Virginia, Robert E. Akers
West Virginia Law Review
This Article argues in support of recent legislation which clarifies legal title to potentially valuable substances derived from the treatment of mine drainage in West Virginia’s waters. West Virginia University has been researching the commercial viability of extracting rare earth elements and other critical minerals from coal mine drainage and coal mine waste. If successful, the research may foster a new industry and provide citizens and wildlife with cleaner water flowing in West Virginia’s rivers and streams. The West Virginia Legislature was concerned that ownership disputes and litigation might harm the development of this potential resource and enacted statutory provisions …
A Tres C Approach: Three Steps To Oil And Gas Lease Termination, Lucia Kezele
A Tres C Approach: Three Steps To Oil And Gas Lease Termination, Lucia Kezele
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Navigating The Skies: Addressing The Regulatory Shortcomings Of Corsia And The Carbon Market While Proposing A Revised Framework For Accountability And Enforcement, Karim Yehia
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Lying By Emission: Why Agencies Should Be Required To Disclose The Upstream And Downstream Environmental Impacts Of Their Projects, Reese Charles
Lying By Emission: Why Agencies Should Be Required To Disclose The Upstream And Downstream Environmental Impacts Of Their Projects, Reese Charles
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Preventing Poor Pore Policy: A Call For Interstate Cooperation, Madison Taylor
Preventing Poor Pore Policy: A Call For Interstate Cooperation, Madison Taylor
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
No Girls Allowed: How Sexual Harassment And Gender Discrimination Keep Women Out Of Oil Fields, Alyssa Biasatti
No Girls Allowed: How Sexual Harassment And Gender Discrimination Keep Women Out Of Oil Fields, Alyssa Biasatti
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
If It Ain’T Broke: Considering Legislatively Mandated Formula Rate Plans For Oklahoma’S Electric Utilities, Meredith Gunner
If It Ain’T Broke: Considering Legislatively Mandated Formula Rate Plans For Oklahoma’S Electric Utilities, Meredith Gunner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nuclear In My Backyard: Was The 5th Circuit Correct In Splitting The Circuits Over The Storage Of Spent Nuclear Waste?, Kohl Lester
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
(Re-)Drill, Baby, Drill! Why Congress And Blm Should Encourage Geothermal Via Old Oil Wells, Jason W. Kersey
(Re-)Drill, Baby, Drill! Why Congress And Blm Should Encourage Geothermal Via Old Oil Wells, Jason W. Kersey
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Alexandra Jury
Editor's Introduction & Front Pages, Alexandra Jury
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oil And A Slippery Path To Conflict: Conocophillips, Guyana, And The Hostile Elephant In The Room, Vivian M. Williams
Oil And A Slippery Path To Conflict: Conocophillips, Guyana, And The Hostile Elephant In The Room, Vivian M. Williams
Publications and Research
The increasing involvement of States and their surrogates in cross-border commercial activities has heralded an urgent need for codification of the well-established public international law rule of sovereign immunity. The problem is particularly thorny in international arbitration when corporate entities seek to enlist the courts of one State to seize the property of another state to enforce an arbitral award. The complex nature of sovereign immunity in a globalized economy and the challenge it poses for courts in the Caribbean, was highlighted in enforcement proceeding brought by oil giant, ConocoPhillips against Venezuela’s State corporations. This article therefore discusses (a) the …
Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska
Strategic Minerals And The U.S. Arctic Continental Shelf, James Kraska
Ocean and Coastal Law Journal
The United States may seek to reduce its dependency on China for strategic minerals and rare earth elements by exploiting deposits on its continental shelf in the Arctic region. On December 19, 2023, the United States announced the outer limits of it extended continental shelf. Like other countries, the United States exercises sovereign rights and jurisdiction over the living and non-living resources of the continental shelf, which is comprised of the sea bed and subsoil of the continental margin. The U.S. continental shelf extends beyond 200 nautical miles in seven locations, including the Bering Sea and Arctic Ocean. Although the …
Russia's Arctic Maritime Claims, Raul Pete Pedrozo
Russia's Arctic Maritime Claims, Raul Pete Pedrozo
Ocean and Coastal Law Journal
As an Arctic State, Russia has extensive maritime claims in the Arctic Ocean. This Article analyzes those claims to determine their consistency with international law. A brief overview of the applicable legal regime in the Arctic is provided, in particular, a discussion of Article 234 of the United Nations Convention on the Law of the Sea (UNCLOS), applicability of the mandatory Polar Code adopted by the International Maritime Organization in 2017, and the various legally binding agreements adopted by the Arctic Council. The Article will also review Russia’s maritime boundary agreements with the United States (1990), which is being provisionally …
Forced Pooling: The Unconstitutional Taking Of Private Property, Kevin J. Lynch
Forced Pooling: The Unconstitutional Taking Of Private Property, Kevin J. Lynch
Sturm College of Law: Faculty Scholarship
Our society’s continued addiction to fossil fuels poses an existential threat to our future. The scientific consensus clearly tells us that we must stop burning fossil fuels as fast as possible. This poses a huge political challenge, as many people make a lot of money from the fossil fuel industry, and they resist change. But an overlooked legal doctrine shows that we are not even going after the lowest hanging fruit. Oil and gas rights are often privately held in the United States. Some owners of those rights would be happy to leave their oil and gas safely in the …
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
The Public Trust Doctrine And Wildlife Management In Montana: A Primer, Martin Nie
Public Land & Resources Law Review
No abstract provided.
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Strange Bedfellows: States, Tribes, And Water Rights, Ada Montague Stepleton, Sapphire Carter
Public Land & Resources Law Review
No abstract provided.