Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Natural Resources Law (101)
- Energy and Utilities Law (85)
- Administrative Law (62)
- Environmental Law (59)
- Water Law (48)
-
- Constitutional Law (47)
- Land Use Law (47)
- Agriculture Law (46)
- Indigenous, Indian, and Aboriginal Law (46)
- State and Local Government Law (46)
- Animal Law (44)
- Cultural Heritage Law (44)
- Law and Race (44)
- Science and Technology Law (44)
- Comparative and Foreign Law (35)
- International Law (35)
- Law and Politics (35)
- International Trade Law (34)
- Conflict of Laws (33)
- Construction Law (33)
- Dispute Resolution and Arbitration (33)
- First Amendment (33)
- Government Contracts (33)
- Labor and Employment Law (33)
- Legislation (33)
- Property Law and Real Estate (33)
- Supreme Court of the United States (33)
- Transportation Law (33)
- Institution
-
- Seattle University School of Law (30)
- University of Oklahoma College of Law (30)
- University of Montana (14)
- Case Western Reserve University School of Law (13)
- Bemidji State University (2)
-
- DePaul University (2)
- Fordham Law School (2)
- Texas A&M University School of Law (2)
- University of Cincinnati College of Law (2)
- William & Mary Law School (2)
- Chicago-Kent College of Law (1)
- Kennesaw State University (1)
- Pace University (1)
- Penn State Dickinson Law (1)
- U.S. Naval War College (1)
- UIdaho Law (1)
- University of Michigan Law School (1)
- University of New Mexico (1)
- Villanova University Charles Widger School of Law (1)
- West Virginia University (1)
- Keyword
-
- Ohio (13)
- State law; State administrative decision (13)
- Supply chain (3)
- Energy (2)
- Ethics (2)
-
- Housing (2)
- Pollution (2)
- Reform (2)
- Regulation (2)
- Abuse (1)
- Access to justice (1)
- Ad coelum doctrine (1)
- Administrative law (1)
- Administrative procedure act (1)
- Affordable Care Act (1)
- America (1)
- American (1)
- American Healthcare (1)
- Appalachia (1)
- Aquifer breaches (1)
- Atural resource (1)
- Batteries (1)
- Bayamon (1)
- Bitcoin (1)
- Bitcoin mining (1)
- Black Lung (1)
- Buckley v. Valeo (1)
- Burial (1)
- Burial wishes (1)
- Cable owners (1)
- Publication
-
- Oil and Gas, Natural Resources, and Energy Journal (30)
- Seattle University Law Review (30)
- Public Land & Resources Law Review (14)
- Ohio Oil & Gas Commission Decisions (13)
- Faculty Scholarship (3)
-
- DePaul Business & Commercial Law Journal (2)
- Fordham Environmental Law Review (2)
- Journal of Earth and Life Science (2)
- Dissertations (1)
- Faculty Publications (1)
- Idaho Law Review (1)
- International Law Studies (1)
- Journal of Environmental & Energy Law (1)
- Michigan Journal of Environmental & Administrative Law (1)
- Natural Resources Journal (1)
- Pace Environmental Law Review (1)
- The University of Cincinnati Intellectual Property and Computer Law Journal (1)
- University of Cincinnati Law Review (1)
- Villanova Environmental Law Journal (1991 - ) (1)
- West Virginia Law Review (1)
- William & Mary Law Review (1)
- Publication Type
Articles 91 - 109 of 109
Full-Text Articles in Oil, Gas, and Mineral Law
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Restricting Data Flows Is A Sign Of Weakness, Nikolas Guggenberger
Seattle University Law Review
There has been a seismic shift in American attitudes toward the free flow of data across borders. In less than a decade, the United States has transitioned from condemning barriers to digital trade to constructing a digital fortress of its own. It passed legislation requiring TikTok’s parent company to divest its U.S. operations or face a nationwide ban affecting 170 million U.S. users, citing national security concerns about its ties to China and the potential for data surveillance and content manipulation. Upon legal challenge by TikTok on First Amendment grounds, the Supreme Court affirmed the ban’s constitutionality. Recent federal legislation …
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
A Comparative Study Of Chinese And American Approaches To Shaping International Outer Space Law And Norms, Ariel G. Silverman
Seattle University Law Review
This article explores convergences and divergencies in the United States and PRC’s responses to the stalemate in the United Nations over the future of outer space resource governance. I do so by systematically analyzing these leading space-faring nations’ policy-positions and tactics deployed to shape norms around three substantive areas of outer space resource governance: rights of ownership and scope of utilization of space resources, mechanization of the “benefits sharing” principle, and the rights and responsibilities of the private sector. I theorize that these leading space-faring nations have adopted divergent approaches due to their differing historical relationships with international law and …
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Kim Gyeong-Seok And The Origins Of Northeast Asia’S Corporate Accountability Movement For War And Colonialism, Timothy Webster
Seattle University Law Review
For the past three decades, a transnational reparations movement has unfolded across Northeast Asia. Hundreds of victims—assisted by attorneys, academics, and activists—seek remedies from Japan for various atrocities committed during World War II, colonialism, and other historical injustices. They press their claims in street protests, legislative hearings, dramatic performances, and other fora. The “comfort women” are the best known of these claimants; their global redress campaign ex-tends from noisy protests outside of Japan’s embassy in Seoul, to mute statues in raucous boroughs of Berlin. More obscure, though larger in number, were the roughly one million Koreans who performed forced labor …
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Third-Party Funding: Balancing Transparency, National Security, And Access To Justice, Victoria Shannon Sahani
Seattle University Law Review
Many lawmakers who have recently become aware of the multi-billion-dollar global third-party funding industry are raising new national security concerns that further complicate preexisting, longstanding debates about transparency, disclosure, access to justice, and the best way to regulate third-party funding. In response, this Article briefly asserts three main points relating to the question of how best to regulate third-party funding. First, this Article explains the third-party funding industry, including its global regulatory landscape and how it serves three distinct populations: consumers, businesses, and law firms. Second, this Article explains that third-party funding is one tool that can help expand access …
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Seattle University Law Review
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Product Nationality And Corporate Identity, Trang (Mae) Nguyen
Seattle University Law Review
Global supply chains have long depended on a deceptively technical device: the attribution of a “nationality” to goods. A trade law principle, rules of origin assign products an “economic passport” that governs how they are treated at the border, including what markets they may enter and which tariff rates apply. In recent years, however, product nationality has taken on a new and far more ambitious role. As U.S. trade policy increasingly intersects with national security and human rights policy, policymakers rely on nationality-based measures to police supply chain linkages, curb geopolitical issues, and discipline firms for their links to forced …
From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila
From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila
Fordham Environmental Law Review
The rights to a healthy environment and health are not new human rights to the African System for Human and Peoples’ Rights. In fact, they have been protected under the African Charter on Human and People’s Rights since 1981. However, outside of the established normative framework, a pressing issue arises in States where the extractive industry maintains a stronghold on the economy. The people of and around Tsumeb, Namibia, have been subjected to egregious human rights abuses and an environmental crisis. Their lives and environment have been historically and continuously destroyed due to the foreign-corporate extractive industry. The mining and …
The U.S. Critical Minerals List: Between A Rock And A Hard Place, Wesley Peebles
The U.S. Critical Minerals List: Between A Rock And A Hard Place, Wesley Peebles
Fordham Environmental Law Review
Critical minerals are minerals found essential to economic and national security and vulnerable to supply chain disruptions. Congress and presidents from both political parties have actively promoted critical mineral production, offering up billions of dollars to secure mineral supply chains. The federal government has invested to increase domestic mineral production, grow global partnerships, and reinvigorate U.S. industry in an attempt to reduce the risk of supply disruptions for these valuable minerals. To identify which minerals are critical to the United States, Congress tasked the Secretary of the Interior, acting through the U.S. Geological Survey (USGS), to evaluate and identify a …
Wildearth Guardians V. U.S. Dept. Of Agric. Animal And Plant Health Inspection Serv. Wildlife Services, Luke A. Zagar
Wildearth Guardians V. U.S. Dept. Of Agric. Animal And Plant Health Inspection Serv. Wildlife Services, Luke A. Zagar
Public Land & Resources Law Review
WildEarth Guardians v. U.S. Dept. of Agric. Animal and Plant Health Inspection Serv. Wildlife Services considers whether Predator Damage Management (“PDM”) programs in Wilderness Areas violate the Wilderness Act and whether the United States Department of Agriculture’s Animal and Plant Health Inspection Service, Wildlife Services (“Wildlife Services”) violated the National Environmental Policy Act (“NEPA”) in issuing its Final Environmental Assessment (“EA”) and Finding of No Significant Impact (“FONSI”). The Court of Appeals for the Ninth Circuit affirmed its prior holding in Forest Guardians v. Naimal & Plant Health Inspection Serv., finding that “the Wilderness Act does not prohibit Wildlife Service …
Appeal No. 1040: Leonard Wisneski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1040: Leonard Wisneski V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order 2024-435
Appeal No. 1067: Arrowhead Road Services, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Appeal No. 1067: Arrowhead Road Services, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Appeal of Chief's Order 2025-512
The Undue Degradation Of "Undue Degradation": How Loper Bright Threatens To Weaken Environmental Protections For Domestic Lithium Operations, Griffin M. Krawitz
The Undue Degradation Of "Undue Degradation": How Loper Bright Threatens To Weaken Environmental Protections For Domestic Lithium Operations, Griffin M. Krawitz
William & Mary Law Review
On October 24, 2024, the Bureau of Land Management (BLM) approved the Rhyolite Ridge Lithium-Boron Project, a seven-thousand- acre mining operation in the middle of the Nevada desert. Denoted as the “first domestic lithium project to get full regulatory approval under the Biden Administration,” the new mine is projected to supply enough batteries to power roughly 370,000 electric vehicles (EVs) every year for the next twenty-three years. Despite concern that the mine parallels and threatens the habitat for the Tiehm’s buckwheat (the only known habitat containing the critically endangered and culturally significant flower), the BLM has been adamant that its …
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Resilient Dispute Resolution Systems For International Energy Conflicts, Guillermo J. Garcia Sanchez
Faculty Scholarship
Energy-related conflicts are on the rise, spanning diverse issues such as the impacts of rare mineral mining on local communities, the impacts of sanctions on energy investments due to the Russia-Ukraine war, and the impacts of expanded subsidies on the electric vehicle and solar panel industries. Increasingly, companies, communities, and governments are clashing over the challenges of pursuing disparate and sometimes competing energy policies. This Article argues that dispute resolution mechanisms in the energy investment sector must be fundamentally rethought. Traditional semi-adjudicatory models, which focus on winners and losers, fail to accommodate the complex and multifaceted nature of contemporary energy …
Center For Biological Diversity V. U.S. Bureau Of Land Management, Erika C. Rader
Center For Biological Diversity V. U.S. Bureau Of Land Management, Erika C. Rader
Public Land & Resources Law Review
The Ctr. for Biological Diversity v. U.S. Bureau of Land Mgmt. marks the Ninth Circuit’s second time considering the Willow Project, which plans to drill oil in Alaska. Environmental plaintiffs brought a series of claims under NEPA, the Reserves Act, ANILCA, and the ESA to stop or stall the Project. Plaintiffs focused on the BLM’s use of a “full field development standard” in assessing alternatives to the Project. Despite the range of claims, the Ninth Circuit allowed the Project to move forward, but on remand required the BLM to explain its reasoning for departing from the full field development standard …
When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann
When Words Flow Like Water: How The Enbridge Line 3 Pipeline Environmental Impact Statement Failed To Prevent Hydrogeologic Harm In Minnesota, Carly Gutzmann
Journal of Earth and Life Science
For the aquifers of Minnesota, the environmental impact statement (EIS) was a promise of protection that never left the page. An environmental impact statement is meant to be an aid in the decision making process in order to ensure that projects consider potential environmental harms that may occur. However, they are often used instead as another regulatory box to check, rather than as active considerations when planning. As such, a project plan can be flawed from the start—if project developers only consider environmental impacts after they have already put considerable time, effort, and funding into their project as-is, they may …
Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman
Indigenous Land Seizure & Environmental Injustice: Impacts Of Settler Colonialism, Lydia Moorman
Journal of Earth and Life Science
The fields of conservation and environmentalism prioritize ecosystem health, yet both emerged from western frameworks that displaced and criminalized Indigenous land stewardship. The idealization of “pristine wilderness” narratives served to justify the removal of Indigenous peoples from their homelands and erased millennia of sustainable land stewardship that had maintained ecological balance long before western conservation existed. These narratives not only misrepresented Indigenous relationship with land but also constructed a false dichotomy between humans and nature that positioned Indigenous presence as a threat rather than a source of ecological knowledge. Simultaneously, anthropogenic expansion; such as pipelines, mining, railroads, and other extractive …
Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton
Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton
Natural Resources Journal
The global effort to mitigate climate change increasingly relies on widespread electrification, with lithium-ion batteries at its core and the key minerals required for their production concentrated in countries uniquely vulnerable to exploitation. Lithium-ion battery production relies heavily on cobalt, a critical mineral primarily sourced from the Democratic Republic of the Congo (DRC), which supplies approximately 70 percent of the world’s cobalt. As demand for cobalt is projected to rise sharply, the DRC has become indispensable to the global clean energy transition. Cobalt extraction in the DRC is closely linked to severe human rights abuses, including forced labor, child labor, …