Oil, Gas, and Mineral Law Commons^™

Appeal No. 0840: Adams Oil And Gas, Llc, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2011-50; (S. Austin Well #1; ERP #1)

Law And Lawyers In The Incident Command System, Clifford J. Villa

Seattle University Law Review

Although the Incident Command System (ICS) has existed for some forty years, the use of ICS grew significantly in the past decade because the United States learned hard lessons from infamous failures of incident management after 9/11 and Hurricane Katrina. As such, ICS theory and practice must be understood by legal scholars and practitioners who seek to contribute to the growing fields of climate change adaptation and disaster response. Filling a gap in the legal literature, this article will provide lawyers and legal scholars with an introduction to the Incident Command System, outlining the origin, doctrines, and organizational framework of …

Climate Regulation As If The Planet Matters: The Earth Jurisprudence Approach To Climate Change, Glenn Wright

Environmental and Earth Law Journal (EELJ)

It is now beyond doubt that humans are having an enormously detrimental impact on the natural world. In the face of the incredible environmental challenges we face, new and radical ideas have emerged about how we should regulate human behavior. This paper briefly focuses on the failure of current legal regimes to address climate change, and considers how climate governance would look under the Earth Jurisprudence approach: setting our laws within the context of fundamental principles of ecology and planetary boundaries. Consideration is given to how existing legal concepts could be used to achieve this vision. The paper concludes that …

Land Ethic Under Attack: Keystone Xl And The War Over Domestic S(Oil), Heather Culp

Environmental and Earth Law Journal (EELJ)

The Keystone XL pipeline has caused recent controversy and renewed the debate over the future of fossil fuels in the United States. The project pits largely conservative groups, who argue that the pipeline will create jobs and decrease America’s dependence on foreign oil, against environmental advocates, indigenous tribes, and private landowners, who are attempting to fend off the project because they believe it will displace them of their own lands as well as disrupt the natural ecosystems that lay in the pipeline’s path. In the wake of a presidential veto of the project and renewed sentiment by the pipeline’s …

Permitting Problems: Environmental Justice And The Miccosukee Indian Tribe, Charles Prior

Environmental and Earth Law Journal (EELJ)

The Miccosukee Tribe of Indians is a federally recognized tribe that works and resides in the Everglades region of the State of Florida. The Miccosukee have been battling lax water quality standards through lawsuits since the 1990’s. Recent rulings in federal court held that the State of Florida has failed to comply with the Clean Water Act and ordered the Environmental Protection Agency to set nutrient criteria for the water bodies in the state of Florida until the Florida Department of Environmental Protection complies with the Clean Water Act.

This article uses the principles of environmental justice to analyze ways …

State Conservation As Settler Colonial Governance At Ka‘Ena Point, Hawai‘I, Bianca Isaki

Environmental and Earth Law Journal (EELJ)

This paper argues, by illustrating, that liberal multiculturalism and natural resources are interlinked strategies of settler colonial governance in political debates surrounding the construction of a “predator-proof” fence for conservation purposes across Native Hawaiian lands of deep cultural and historical significance at Ka`ena Point, a state wilderness park in Hawai`i. First, this paper shifts debates framed in terms of the seeming recalcitrance of Native Hawaiian cultural practitioners to recognize the necessity of natural resource management. Second, it considers how these political debates are repeated in the context of legal questions over the forms through which Native Hawaiian cultural claims may …

Managing Fractions: The Role Of Local Government In Regulating Unconventional Natural Gas Resources - Recommendations For New York, William Yukstas

Cardozo Public Law, Policy & Ethics Journal

The note examines the regulatory challenges surrounding unconventional natural gas extraction, particularly hydraulic fracturing, focusing on the conflict between state and local authority. It argues that local governments should retain zoning power to regulate or ban drilling, as they bear the primary costs and have the capacity to address localized impacts. The analysis highlights the contrasting approaches of Pennsylvania and New York, with Pennsylvania initially attempting to preempt local zoning laws through Act 13, which was later deemed unconstitutional, while New York maintains a de facto moratorium and considers stricter regulations. The author advocates for empowering localities to negotiate Community …

Creating New Spaces For Sustainable Water Management In The Senegal River Basin, Frans J.G. Padt, Juan Carlos Sanchez

Natural Resources Journal

No abstract provided.

International Trade And Investment Law And Carbon Management Technologies, Nigel Bankes, Anatole Boute, Steve Charnovitz, Shi-Ling Hsu, Sarah Mccalla, Nicholas Rivers, Elizabeth Whitsitt

Natural Resources Journal

No abstract provided.

Appeal No. 0847: D & L Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-03

Appeal No. 0849: Hardrock Excavation, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-02 and 2013-07

Appeal No. 0848: Hardrock Excavation, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2013-02 and 2013-07

Agenda: Water, Oil And Gas: Recycling And Reuse Of Water, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association, Natural Resources & Energy Section

Water, Oil and Gas: Recycling and Reuse of Water (June 11)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

Co-sponsored by: Getches-Wilkinson Center for Natural Resources, Energy and the Environment, University of Colorado Law School, Rocky Mountain Land Use Institute, Sturm College of Law, University of Denver, Natural Resources & Energy Section of the Colorado Bar Association.

This program is the second in a 3-part series focusing on critical water, oil and gas issues in Colorado. This second program focuses on the technology behind the recycling of produced water and hydraulic back fracturing flowback fluid and the issue of mandatory recycling. It also addresses the legal implications …

Community Development Funds And Agreements In Guinea Under The New Mining Code, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Guinea’s 2011 Mining Code introduced a large number of reforms directed to increasing transparency and the contribution of the mining sector to development, including requirements for the establishment of a local development fund and for community development agreements between mining companies and local communities. As part of the legal and fiscal analysis of the gold mining investments in Guinea, CCSI examined how these provisions could be implemented effectively. CCSI produced a report that makes recommendations as to how the Government, mining companies, civil society and communities can work together to maximize the benefits of local development funding in the Guinean …

“Oil In The Family”: Obtaining The Requisite Consent To Conduct Operations On Co-Owned Land Or Mineral Servitudes, Patrick S. Ottinger

Louisiana Law Review

The article analyzes Louisiana law regulating the circumstances under which oil and gas activities may be conducted on co-owned land or co-owned mineral servitudes. It examines Louisiana law concerning the rights and duties of co-owners generally and reflects on the enactment of the Louisiana Mineral Code in 1975 regulating oil and gas activities of the state.

Land Management, U.S. Bureau Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and current assessment of the role played by the Interior Department's Bureau of Land Management in its ownership of federal lands in western states and its efforts to balance economic development of natural resources and conservation of these resources on these lands.

Energy, U.S. Department Of, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides information about the U.S. Department of Energy (DOE) and its predecessor agencies and how DOE influences federal energy policy and scientific research in the western U.S.

Oil Industry, Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides an overview of the historical and contemporary development of the American oil industry and how it has impacted U.S. natural resources policies in the American west.

Federal Energy Regulatory Commission, U.S., Bert Chapman

Libraries Faculty and Staff Scholarship and Research

Provides a historical overview and contemporary analysis of the energy policymaking role played by the Energy Department's Federal Energy Regulatory Commission (FERC). FERC responsibilities include regulating the prices and interstate transmission of electricity, natural gas, and oil. Its responsibilities also include reviewing proposals to build and locate natural gas terminals, interstate natural gas pipelines, licensing hydropower projects, and regulating relevant mergers and securities acquisitions in these areas.

Recent Legal Developments In State Oil And Gas Administrative Hearings, Patrick H. Martin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres

Pace Environmental Law Review

Law as a discipline thus must seek greater prominence in the raging debates on the efficacy of modeling as a bioenergy policy driver. To ultimately determine law’s proper role, Part II of my article first assesses the universe of key economic and lifecycle models used in current bioenergy policy initiatives, as well as the models deployed in general environmental decision-making that could affect the siting and operation of biomass cropping and bioenergy facilities. Part III then dissects these models to uncover the multiple ways in which law can improve models both structurally and procedurally to achieve greater accuracy. The conclusion …

Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk

Pace Environmental Law Review

Part I of this paper reviews the current opinion surrounding carbon tax proposals as they appear in the literature. Part II will provide an overview of the current cap-and-trade proposals. Part III will introduce a carbon tax with reinvestment. Part IV of this article reviews the leading proposals arguing that a carbon tax is superior to cap-and-trade. And finally, for Part V explains why a carbon tax with reinvestment trumps cap-and-trade.

Environmental Law Confronts The New Industrial Revolution, Leslie Carothers

Pace Environmental Law Review

This issue of the Pace Environmental Law Review presents a set of articles to shed new light on those questions in the case of the products of nanotechnology. For comparison, the issue also includes an article on the regulation of genetically modified organisms in agriculture in the United States and Brazil, an early effort to govern the risks of a major new technology.

Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Ohio Valley Energy Systems; Grindley #1 Well

Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp

Water, Oil and Gas 101 (April 10)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.

The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …

Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2012-22

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.

A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos

West Virginia Law Review

No abstract provided.

Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis

West Virginia Law Review

No abstract provided.