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Articles 31 - 60 of 180
Full-Text Articles in Oil, Gas, and Mineral Law
The Clash Between Oklahoma’S Oil Industry And Overriding Royalty Interests: Why Legislative Action Is Needed, Bryce Cormack
The Clash Between Oklahoma’S Oil Industry And Overriding Royalty Interests: Why Legislative Action Is Needed, Bryce Cormack
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns
Not All That Glitters Is Black Gold: Using Stranded Gas To Mine Cryptocurrencies And The Public Regulation Of Waste, Emily Burns
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Digital Gold: The Impact Of Bitcoin Mining On Texas Surface Owners’ Rights, Kenney Broadnax
Digital Gold: The Impact Of Bitcoin Mining On Texas Surface Owners’ Rights, Kenney Broadnax
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages, Bryce Cormack
Editor's Introduction & Front Pages, Bryce Cormack
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Power Of ‘Net Zero’: Seductive Dispossession On The Critical Minerals Frontier, Dayna Scott
The Power Of ‘Net Zero’: Seductive Dispossession On The Critical Minerals Frontier, Dayna Scott
Articles & Book Chapters
This article draws on insights gained from many years of community-engaged work alongside Neskantaga First Nation, a small remote Anishinaabe community in Treaty No.9, whose Indigenous homelands are being pressured by the global thirst for critical minerals. In line with recent writing on 'green extractivism', I detail how mining's new legitimacy in the boreal peatlands of the far north of Ontario, Canada, gained strength over the past decade from a pitch that associates it with battery metals for electric vehicles, and thus the transition to a 'net-zero' economy. The seduction obscures the social and ecological destruction that mining entails, and …
The Us-Ukraine Strategic Minerals Partnership In The Wake Of Russia’S War Of Aggression, Gregory Shaffer, Sergio Puig
The Us-Ukraine Strategic Minerals Partnership In The Wake Of Russia’S War Of Aggression, Gregory Shaffer, Sergio Puig
Georgetown Law Faculty Publications and Other Works
Russia’s full-scale invasion of Ukraine has prompted not only military and diplomatic responses, but also novel forms of international agreements centered on co-investment in resources and infrastructure. This essay examines the “minerals deal” between Ukraine and the United States. The agreement establishes a joint venture for investment in mining, hydrocarbons, and infrastructure in Ukraine. Although the key details are set forth in a Limited Partnership Agreement (LP Agreement) that remains undisclosed, insights can be drawn from the publicly available Agreement on the Establishment of a United States–Ukraine Reconstruction and Investment Fund (UURIF), official statements, a leaked draft of the LP …
Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark
Tribal Sovereign Immunity: Absolute Authority Or Accountability, Kekek Jason Stark
Public Land & Resources Law Review
In the wake of the recent United States Supreme Court decision of Trump v. United States, the Court determined that the President as Chief Executive is immune from conduct associated with official acts.3 The question that emanates from this opinion is how will this decision affect Indian Country and tribal court determinations of tribal sovereign immunity? This article will attempt to address this question. I begin with the Anishinaabe story of Bebaamosed miinawaa Gawigoshko’iweshiinh (The Trickster and the Little Scary Bird)5 in an attempt to understand the complicated nature of tribal sovereign immunity.
Discovering The Doctrine Of Discovery, Douglas Lind
Discovering The Doctrine Of Discovery, Douglas Lind
Public Land & Resources Law Review
The doctrine of discovery is a concept in crisis. A principle of public international law associated with the so-called Age of Discovery, the doctrine of discovery is commonly said to have authorized European nations to claim the lands of indigenous peoples and establish settlements on the basis of “discovery” alone. Today, with good reason, the doctrine is widely condemned. The United Nations has denounced it as “the very foundation of genocide.” Describing its manifest injustices against indigenous cultures, dominion, and sovereignty as “devastating, far-reaching and intergenerational,” the UN Economic and Social Council has called for the doctrine to be categorically …
Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle
Uses And Abuses Of Johnson V. M’Intosh In Native American Land Rights Cases: Investigative Insights From The Indian Law Justice Files, John P. Lavelle
Public Land & Resources Law Review
The 200th anniversary of the foundational Indian law decision Johnson v. M’Intosh has come and gone, with many scholars contributing criticism and commentary. The dominant focus has been the case’s notorious embrace of the so-called “doctrine of discovery,” an odious theory for rationalizing European nations’ claims of superior rights to lands occupied by Indigenous Native American peoples. Commanding less attention, however, is the Johnson decision’s core protective legal feature, i.e., its reinforcing the United States government’s duty to guard against the alienation of Indian lands through private, unauthorized acquisitions.
Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth
Indian Casinos Under The Big Sky: Why Tribes In Other States Have Been More Successful With Gaming And The Path Forward For Montana’S Tribes, Trevor Funseth
Public Land & Resources Law Review
The most successful method of economic development for many Indian tribes in the United States has been gaming. Tribes across the country have risen out of poverty through their casino operations and have been able to use the profits to diversify their investments and improve tribal infrastructure, education, and social programs.
Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett
Damned If You Do, Dammed If You Don’T: Solutions For The Snake River And The Nez Perce Tribe, Meridian S. Wappett
Public Land & Resources Law Review
No abstract provided.
Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams
Indian Water Rights Settlements And The Animas-La Plata Project: A Self-Fulfilling Prophecy Of Dependency, Sidney Paulina Williams
Public Land & Resources Law Review
No abstract provided.
Reflections On The “Pore Space Estate”, Joseph A. Schremmer
Reflections On The “Pore Space Estate”, Joseph A. Schremmer
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Co₂ Pipelines As Common Carriers, Madeleine Lewis, Tara Righetti
Co₂ Pipelines As Common Carriers, Madeleine Lewis, Tara Righetti
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Meaning Of “Other Minerals” And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks
The Meaning Of “Other Minerals” And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks
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.
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
The Inevitability Of Local Environmental Law, Keith H. Hirokawa, Cinnamon Carlarne Hirokawa, Lauren A. Vanwagoner
Fordham Environmental Law Review
The United States is entering a new era of environmental law. Within the first few months of President Trump’s second term in office, the administration issued a mass of executive orders, memoranda and policy changes that seek to peel back environmental protections, in many cases, to the point of erasure. The administration shuttered entire agencies, such as USAID, dissolved the Environmental Protection Agency’s research arm, terminated life-saving programs like the National Weather Service’s translation service, cut funding to housing and public health initiatives, and eliminated diversity, equity, and inclusion programs across the country. Given the reality of these large-scale drawbacks, …
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Rethinking Aquaculture Regulation In A Post-Chevron World, Kamaile A. N. Turčan
Fordham Environmental Law Review
After the Supreme Court overruled Chevron deference in Loper Bright v. Raimondo, commentators warned of the detriment to federal agencies resulting from the loss of judicial deference to agencies’ interpretations of the statutes they administer. This Essay takes a different approach and examines how advocates for agency authority can use this shift away from judicial deference to their advantage—by refocusing litigation strategy toward congressional delegations. Statutory interpretation arguments need no longer focus on whether an agency is intruding on the judicial prerogative to interpret the law and can now focus instead on whether a court is intruding on the …
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
An Alternate History Of Chevron, With A Lesson For Today, Michael Herz
Fordham Environmental Law Review
It is a banal truism that judicial deference to agency decisionmaking enables the executive branch to pursue its agenda, whatever that agenda may be. That was obvious to all in the early years of the Chevron decision, which was greeted enthusiastically on the right and skeptically on the left. In Chevron itself, and for a while thereafter, deference advanced the Reagan deregulatory program. Over the years, a subtler conclusion gained consensus: overall and in the long haul, judicial deference is likely to have a net pro-regulatory impact. Hence the right’s hardened opposition to Chevron leading up to its demise. But …
Appeal No. 1042: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1042: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
Appeal No. 1043: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1043: Empire Fluid Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
No abstract provided.
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
The Gap: Addressing The Missing Piece In HawaiʻI’S Anti-Discrimination Laws On Credit And Lending, Wendy Mun
Seattle University Law Review
This author addresses the significant gap in Hawaiʻi’s anti-discrimination laws, specifically the lack of explicit protections for LGBTQ+ individuals against credit and lending discrimination. Although federal laws like the Equal Credit Opportunity Act (ECOA) and recent interpretations by the Consumer Financial Protection Bureau (CFPB) extend some protections, they remain vulnerable to shifting federal priorities and interpretations. The author explores how other states, particularly California and Washington, have enacted robust statutory protections that clearly prohibit credit discrimination based on sexual orientation and gender identity. They argue that Hawaiʻi, despite its large LGBTQ+ population, must amend its credit protection laws to reflect …
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Keynote Address: Community Over Constitution, Riddhi Mukhopadhyay
Seattle University Law Review
In this keynote address, Riddhi Mukhopadhyay challenges the veneration of the U.S. Constitution by highlighting its origins in exclusion and its continued failure to protect marginalized communities. Drawing from her experience in civil legal aid and gender justice, she argues that the Constitution was drafted to consolidate power among white, wealthy men and continues to reflect that legacy through racial, gender, and class-based inequities. While acknowledging the significance of constitutional amendments and landmark cases, Mukhopadhyay emphasizes that meaningful change has always come from community-led action, not top-down reform. Additionally, Mukhopadhyay calls on lawyers and legal advocates to center community, practice …
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
The Lost Child: A Critique On Transracial Adoption Rhetoric, Hallie Conyers-Tucker
Seattle University Law Review
Transracial adoption in the United States reflects a deeply rooted history of colonialism, cultural assimilation, and racial hierarchy, masked by rhetoric focused on the “best interest of the child.” The author critiques that rhetoric and traces how adoption practices and policies, both domestic and international, have evolved to reinforce systemic inequities. Through historical analysis of the forced adoption of Native American, Black, and Asian children, it reveals how the best interest standard has been wielded not to protect children but to uphold political and racial ideologies. The author argues that the prevailing adoption framework relies on child-saving and color-blind narratives …
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
A Global Reconstruction: Black Internationalism And The Human Rights Regime, Britta Redwood
Seattle University Law Review
Black American advocates for civil, political, and economic rights have long taken an internationalist approach and fostered connections with international organizations and transnational movements. This engagement has also been a generative force and played role in shaping international law. Beginning in the early years of the twentieth century, Black intellectuals and leaders, spearheaded by the NAACP and the UNIA, focused on human rights as a means for addressing and repairing the harms wrought by slavery, Jim Crow, and racism. From the Paris Peace Conference of 1919 through the Universal Declaration of Human Rights, the Genocide Convention, and the drafting of …
Can The Law Protect My Craft? How Gaps In Copyright Of Knitting Patterns Symbolize A Greater Struggle For Protecting Traditionally Feminine Forms Of Intellectual Property, Kysa Walzer
Seattle University Law Review
The purpose of this article is to demonstrate the application of intel-lectual property rights within the context of copyright protection of knit-ting patterns. The article will discuss the underutilization of copyright pro-tection for knitters and crafters and its larger impact upon craft and indus-try traditionally comprised of women. Part I introduces knitting patterns and a short history of copyright protections. Part II discusses the specific areas within knitting patterns and the knitting community which give rise to legal grey areas for copyright protection. Part III discusses the larger implications of copyright and intellectual property in spaces where women traditionally make …
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
A New Exclusionary Rule To Protect Bodily Integrity And Discourage Pretext Stops, Josephine Ross
Seattle University Law Review
The author proposes a novel state-level exclusionary rule to reduce racial profiling and protect bodily autonomy during police encounters. The current Fourth Amendment jurisprudence fails to deter pretextual stops and frisks because the exclusionary rule often turns on officer fault and "good faith," allowing racially motivated practices to go unchecked. As federal rollbacks on diversity and data collection hinder efforts to track racial bias, the author argues for a statutory evidentiary rule that automatically excludes drug evidence found during (1) traffic stops, (2) pat-downs for weapons, and (3) consent searches, regardless of an officer’s intent or the legality of the …
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Navahine V. HawaiʻI Dept. Of Transportation: The Keiki Will Lead Us, Catherine Smith
Seattle University Law Review
The author analyzes the landmark case Navahine v. Hawaiʻi Department of Transportation, which culminated in the world’s first constitutional climate settlement. Catherine Smith, serving as an expert for the youth plaintiffs, situates the case within Hawaiʻi’s legal tradition of prioritizing children’s rights and intergenerational equity. She explores the evolution of children’s constitutional protections, contrasting Hawaiʻi’s progressive jurisprudence with the dominant adult-centric legal framework on the mainland. She critiques four recurring analytical missteps in U.S. courts that marginalize children’s interests and highlights Hawaiʻi’s public trust doctrine and cultural values, such as the Aloha Spirit, as models for addressing climate-related harms. …
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Something Concrete: How Labor Advocates Can Best Respond To The Ambiguity Of Glacier Northwest, Ateş Serifsoy
Seattle University Law Review
The Supreme Court’s much-anticipated decision in Glacier North-west, Inc. v. International Brotherhood of Teamsters Local No. 174 (Glacier) marked a critical moment for workers’ rights under the National Labor Relations Act (NLRA) and the longstanding practice of Garmon preemption. Yet, initial fears of a significant rollback of workers’ rights, driven by sensational headlines, were met with an unexpectedly narrow Court opinion. This Comment examines Glacier’s implications for Gar-mon preemption and the right to strike. It offers the historical background of the doctrine of labor law preemption before Glacier; presents a detailed analysis of Glacier itself, including its …