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Recent Case Decisions, Daniel Franklin, Jordan Volino, John Curtis, Patrick J. Hoog, Jarrod H. Gamble, Taylor C. Venus

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Recent Case Decisions, Daniel Franklin, John Curtis, Jarrod H. Gamble, Patrick J. Hoog, Taylor C. Venus, Jordan D. Volino

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos

Public Land & Resources Law Review

In an attempt to stave off what it saw as impending litigation, Shell Gulf of Mexico, Inc. filed suit under the Declaratory Judgment Act against a range of environmental groups opposed to Shell’s oil exploration in the Beaufort and Chukchi seas of Alaska’s Arctic Coast. Shell requested a declaratory judgment that its oil spill response plans, as approved by the Bureau of Safety and Environmental Enforcement, did not violate the Administrative Procedures Act. Although noting the novelty of Shell’s argument, the United States Court of Appeals for the Ninth Circuit concluded the district court had erred in determining a justiciable …

Plenary Energy, Carla F. Fredericks

Publications

An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …

Fracking, Federalism, And Private Governance, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

The United States is in the midst of a natural gas boom, made possible by advances in drilling and extraction technologies. There is considerable disagreement about the relative benefits and costs of the boom, but one thing is certain: it has caught governments flat-footed. The federal government has done little more than commission a study of some associated public health and environmental risks. States have moved faster to address natural gas risks, but with little consistency or transparency.

Numerous private organizations are beginning to fill the resulting governance gaps with information-gathering and standards-setting efforts. This Paper documents these efforts and …

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …

The Land Tenure System In The Newfoundland And Labrador Offshore Regulatory Regime: Review, Analysis And Current Issues, Alexander Macdonald, Nick Crosbie

Dalhousie Law Journal

The development of an offshore oiland gas industry in the Gulf ofSt. Lawrence has created, for the first time, the potential for interactions between the Newfoundland and Labrador offshore regulatory regime and other regimes (either the new regime in Quebec or the National Energy Board). As industry participants evaluate where they will spend their exploration dollars, they will need to understand the various regulatory regimes in place. Land tenure in Newfoundland and Labrador is similar to the regime in places subject to the jurisdiction of the National Energy Board. Over the past 25 years, however the decisions of the courts …

Onshore Oil And Gas Regimes In Atlantic Canada:, Michael P. Simms, Carole Chan

Dalhousie Law Journal

The focus ofoiland gas development in the Atlantic region has for many years been on the offshore areas. However, there is active exploration and some production onshore, and it is likely that interest and investment will increase in this sector in coming years. This paper considers the legislative regimes for onshore oil and gas development in the Atlantic provinces-including tenure arrangements, surface access issues, operational regulation, pooling and unitization provisions, royalties and abandonment and liability-with comparisons to schemes applicable in western Canada. The existing legislative regimes in the Atlantic region date back many years, and are likely to be the …

Deepwater Horizon: Lessons For The Offshore, Wiley Spicer

Dalhousie Law Journal

This paper reviews the regulatory framework governing offshore oil and gas operations on the continental shelf. Offshore exploration comprises both marine and industrial elements, regulated through a complex web of national (coastal state) regulation and international conventions, the latter primarily directed towards the marine aspects of operations. Following the Deepwater Horizon disaster of 2010, the adequacy of current regulatory approaches came under increased scrutiny It is argued in this paper that the growing complexity of the industry, coupled with increasing activity in deepwater and Arctic environments, requires development of a more robust system of international regulation.

Confidential Information And Governments: Balancing The Public's Right To Access Government Records And An Oil And Gas Company's Right To Protect Confidential Information, Stephen Burns, Todd Newhook, Sébastien Gittens

Dalhousie Law Journal

This paper explores the relationship between the public's right to access records in the custody or under the control of the government with the oil and gas industry's need to protect its confidential information from disclosure. Focusing on practical issues, the authors review the law of confidence, the structure of the access to information legislation and related case law, the public policy considerations supporting same, and some of the risks and pitfalls that organizations can avoid if they consider such legislation when interacting with public bodies.

Developments. In Newfoundland And Labrador Offshore Royalties: From Hibernia To Hebron And Back, R J. Thrasher, Simon Baines

Dalhousie Law Journal

This paper traces the historical development of the offshore oil and gas royalty regime for Newfoundland and Labrador, from the first negotiated private royalty agreement for the Hibernia project, through the application of both generic and project-specific regulatory schemes applicable to later projects, up to the Hibernia Southern Expansion. The variations in key provisions across the six major projects are reviewed, with regard to royalty structures, transportation cost eligibility, cost and production allocation, dispute settlement and legislative stability clauses. Finally, the prospect for application of innovations and solutions developed to date to future projects is considered.

Agenda: Fracking, Water Quality And Public Health: Examining Current Laws And Regulations, Network For Public Health Law, American Society Of Law, Medicine & Ethics, Public Health Law Research Program

Fracking, Water Quality and Public Health: Examining Current Laws and Regulations (March 20)

Improved technology developments in directional drilling and hydraulic fracturing, more commonly known as "fracking," have resulted in an oil and gas production boom nationwide. Fracking involves pumping pressurized water, sand, and chemicals down wells to crack bedrock, freeing petroleum and natural gas. Wastewater discharges, hydraulic fracturing fluid releases, and other accidental spills pose potential water quality risks, sparking concern for public health.

This webinar will examine the laws and regulations governing water quality issues related to fracking, recent state court decisions affecting regulations, and implications for public health.

Fracking As A Federalism Case Study, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Agenda: Water, Oil And Gas: Nuts And Bolts Of Oil And Gas Leases, Surface Use Agreements, And Water Rights For Non-Oil And Gas Attorneys, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, Rocky Mountain Land Use Institute (Denver, Colo.), Colorado Bar Association. Natural Resources & Energy Section

Water, Oil and Gas: Nuts and Bolts of Oil and Gas Leases, Surface Use Agreements, and Water Rights for Non-Oil and Gas Attorneys (September 26)

This third program in the Water, Oil, and Gas 101 series was designed to provide those who don’t practice in the area with essential information regarding leases, surface use agreements, siting considerations for oil and gas facilities, the resolution of disputes before the Colorado Oil and Gas Conservation Commission (COGCC), the ins and outs of nontributary and produced nontributary ground water, and water rights as an asset.

Program topics include:

• Oil and Gas Leases
• Surface Use Agreements (SUAs)
• Government’s Role in Authorizing Locations for Oil and Gas Development
• Technical Aspects of Nontributary and Produced Nontributary Ground Water
• Produced Nontributary Ground …

Top Leases And The Rule Against Perpetuities, J. Suzanne Hill

Pepperdine Law Review

The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.

The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones

Pepperdine Law Review

An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.

The Tropics Exploited: Risk Preparedness And Corporate Social Responsibility In Offshore Energy Development, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

Soaring energy demands and increasing technological innovation have led to the rapid exploitation of offshore oil and gas exploration and development. This Article seeks to examine elements of risk preparedness and corporate social responsibility in the context of the underwater natural gas pipeline in the Eastern Caribbean and the exploration of Florida's potential offshore energy reserves. I discuss these two case studies to illustrate the prevalence of emerging regional energy corridors in previously unfathomable tropical and subtropical locales known for tourism-intensive commercial activity. While images of environmental degradation of the 2010 BP oil spill remain entrenched in the collective consciousness, …

Missouri Oil And Gas Update, Nadia B. Ahmad

Elisabeth Haub School of Law Faculty Publications

The State of Missouri has untapped potential for the development of oil and natural gas resources. While the Missouri courts were quiet this past year on interpreting oil and gas rules and regulations, the legislature was active in amending laws governing storage tanks. The state has experienced a tremendous upsurge in oil and gas production in the past two fiscal years. Missouri is poised to ramp up its conventional oil and gas production in the coming years, so increased legislative actions and court activity will likely occur in the near future. Missouri's energy resources include coal bed methane, oil sand, …

The Revival Of Reliance And Prospectivity: Chevron Oil In The Immigration Context, Elliot Watson

Seattle University Law Review

Using Duran Gonzales as an example, this Comment discusses how courts determine when and if conflicting rules of law should be applied retroactively to aliens. Specifically, it argues that the holding in Nunez-Reyes and its use of the Chevron Oil test should be applied broadly to limit the retroactive application of law in certain immigration cases. Part II of this Comment gives a brief overview of Supreme Court retroactivity jurisprudence, the discretionary application of adjudicative retroactivity as described in Chevron Oil, and the Court’s recent shift toward a more conservative approach. Part III discusses how administrative law affects that framework …

Slides: Master Development Plans (Mdps): Oil And Gas Projects, Mary Bloomstran

Best Management Practices (BMPs): What? How? And Why? (May 26)

Presenter: Mary Bloomstran, Edge Environmental

19 slides

A Shift In Power: Why Increased Urban Drilling Necessitates A Change In Regulatory Authority Comment., Riley W. Vanham

St. Mary's Law Journal

Historically, Texas has boasted a very lucrative oil and gas industry, which has been vital to the state’s successful economy. Due to increased drilling in urban areas, particularly the Barnett Shale, the number of affected surface owners multiplied overnight, attracting attention to oil and gas issues. Legislation has been purported to remedy the longtime conflict in Texas property law caused by the dominance of the mineral estate over the surface estate. But no bill has passed having major policy-change implications. Currently, local governments freely adopt and enforce oil and gas regulations. These ordinances vary from city-to-city, creating inconsistencies for operators …

Slides: Shale Drilling And Completions, William Fleckenstein

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: William Fleckenstein, BP Adjunct Professor in the Petroleum Department and Director of PERFORM Research, Colorado School of Mines, Golden, CO, and Managing Partner of Fleckenstein, Eustes & Associates

20 slides

Slides: U.S. Shale Gas: Resources, Reserves And $$$, John B. Curtis

Shale Plays in the Intermountain West: Legal and Policy Issues (November 12)

Presenter: John B. Curtis, Professor of Geology and Geological Engineering and Director of the Potential Gas Agency, Colorado School of Mines, Golden, CO

17 slides

Slides: Assessing Opportunities And Barriers To Reducing The Environmental Footprint Of Oil And Gas Development In Utah, Douglas Jackson-Smith, Lorien Belton, Brian Gentry, Gene Theodori

Opportunities and Obstacles to Reducing the Environmental Footprint of Natural Gas Development in Uintah Basin (October 14)

Presenter: Dr. Douglas Jackson-Smith, Utah State University--Logan Campus

37 slides

Slides: Impacts Of Oil Shale On Carbon Emissions, Jeremy Boak

The Promise and Peril of Oil Shale Development (February 5)

Presenter: Dr. Jeremy Boak, Center for Oil Shale Technology & Research, Colorado School of Mines

43 slides

The Future Of Oil And Gas Law, John S. Lowe

Faculty Journal Articles and Book Chapters

Author’s thesis is simple: Oil and gas jurisprudence has a bright future. We live in a hydrocarbons world, and our economic system is not going to change dramatically overnight; we will continue to live in a world powered and heated by hydrocarbons for at least the next twenty years. In fact, world demand for oil and gas is likely to increase substantially. From the turn of the twenty-first century until mid-2008, the world watched as oil prices first inched upwards and then surged. The high energy costs that energized us until a year and a half ago (and that appear …

Agenda: Managing Oil And Gas Development In Colorado: The New Cogcc Rules, University Of Colorado Boulder. Natural Resources Law Center

Managing Oil and Gas Development in Colorado: The New COGCC Rules (December 16)

NRLC Hot Topic held on December 16, 2008 from 12:00 noon to 1:30 p.m. at the offices of Hogan and Hartson, Denver, Colorado.

Panelists from COGCC, the oil & gas industry, and environmental community, will present their perspectives on the soon-to-be-issued rules on oil and development in Colorado. Discussion and questions from attendees will follow.

Civil Society Networks And The Development Of Environmental Standards At International Financial Institutions, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Accord Acts Twenty Years Later, Shawn Denstedt, R J. Thrasher

Dalhousie Law Journal

The authors examine key provisions of the Accord Acts and the experience with them to date, and make comparisons with other jurisdictions. They address regulatory issues, such as the resource conservation powers of the Boards, the relationship between the Boards and other agencies, and the relative success of regulation streamlining efforts. Finally,they consider exploration and development matters and commercial issues such as flow-testing of exploration wells, benefits, royalty agreements, Board guidelines, disclosure of information, and conditions or requirements attached by the Boards to authorizations.

The Implications Of Unclos For Canada's Regulatory Jurisdiction In The Offshore-The 200-Mile Limit And The Continental Shelf, Keith F. Miller

Dalhousie Law Journal

The author examines the current state of international law governing Canada's sovereignty and jurisdiction over the exploitation of hydrocarbons within its continental shelf. These rights are reviewed from a historical perspective through theprogression ofinternational conventions, the decisions ofinternational tribunals and the enactmentof Canadian federal laws. The article includes anexamination of Canada's rights under international law respecting its 200-nautical-mile exclusive economic zone and the continental shelf beyond, as well as a review of Canada's maritime boundary disputes with adjacent coastal states.