Oil, Gas, and Mineral Law Commons^™

Flow Control Ordinances That Require Disposal Of Trash At A Designated Facility Violate The Dormant Commerce Clause., Laura Gabrysch

St. Mary's Law Journal

In C & A Carbone, Inc. v. Town of Clarkstown, the Court held flow control ordinances that require disposal of trash at a designated facility violate the Dormant Commerce Clause. In the absence of congressional action, the Court has recognized—the Dormant Commerce Clause—restrictions on states’ ability to regulate interstate commerce. The Dormant Commerce Clause doctrine does not emanate directly from the Constitution, but instead flows from the body of Commerce Clause jurisprudence that has gained legitimacy throughout the years. In Carbone, the Court elevated the economic interests of one local waste processor over Clarkstown’s environmental and public protection. This type …

In Re Oluloro: Risk Of Female Genital Mutilation As Extreme Hardship In Immigration Proceedings Symposium - Human Rights In The Americas - Recent Development., Patricia Dysart Rudloff

St. Mary's Law Journal

On March 23, 1994, in In re Oluloro, Immigration Judge Kendall Warren’s decision indicated the United States Immigration and Naturalization Service (INS) should consider human rights abuses directed at women. The overriding concern was the possibility that two young U.S. girls would suffer female genital mutilation (FGM) if the INS deported their mother to Nigeria. In reaching the decision to suspend the mother’s deportation, Judge Warren condemned FGM as “cruel and serv[ing] no known medical purpose.” Judge Warren ruled the practice presented an extreme hardship for the girls. Unfortunately, the court’s ruling has no precedential value because the INS did …

Oil And Gas Issues Involved In Cercla Reauthorization., Joseph R. Dancy, Victoria A. Dancy

St. Mary's Law Journal

After several decades of environmental legislation, the regulated community faces an extremely complex and costly matrix of obligations and responsibilities. For industry in general, the most expensive environmental statute enacted has been the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA created the Hazardous Substances Superfund (Superfund) and established retroactive liability for remediation of hazardous substance contamination. President Clinton admitted CERCLA does not work and even labelled the Superfund a “disaster.” Even though public and private entities have already spent twenty billion dollars on the CERCLA program since its inception, only around ten or twenty percent of …

International Law Of Trade Preferences: Emanations From The European Union And The United States., Kele Onyejekwe

St. Mary's Law Journal

This Article posits that the increase of tariff arrangements, like the Generalized System of Preferences (GSP), is evidence of the “hardening” of a body of international trade-preference law. It contends that the law of trade preferences is widely practiced in international affairs and the developed nations which terminate all trade preferences for developing countries most likely engage in illegal conduct under international law. Classical international law principally consisted of the law between nations and an international law of trade preferences in any form was unthinkable. Thus, neither international cooperation nor a duty for developed countries to assist developing countries is …

A Settlement Offer Above Policy Limits Does Not Trigger An Insurer's Stowers Duty To Act Reasonably., James Martin Truss

St. Mary's Law Journal

Abstract Forthcoming.

Robert Wilburn Calvert, The Prudentialist In Memoriam., L. Wayne Scott

St. Mary's Law Journal

Abstract Forthcoming.

Coalbed Methane: Myths, Facts, And Legends Of Its History And The Legislative And Regulatory Climate Into The 21st Century, Elizabeth A. Mcclanahan

Oklahoma Law Review

No abstract provided.

Equivocal Obligations: The Federal-Tribal Trust Relationship And Conflicts Of Interest In The Development Of Mineral Resources, Judith Royster

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Comparison Of Coalbed Methane Statutes In The Federal, Virginia And West Virginia Jurisdictions, Elizabeth A. Mcclanahan, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

20 p. ; 28 cm

Resource Law Notes Newsletter, No. 32, Fall Issue, Aug. 1994, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Appeal No. 0497: Arnold Twaddle V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 92-54

Appeal No. 0527: Katherine Haselberger Executrix O The Estate Of Nova Christman, V. Richard J. Simmers, Acting Chief Divisio Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-77

Appeal No. 0503: Echo Drilling, Inc. V. Richard J. Simmers, Acting Chief Divisionof Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 92-66

Appeal No. 0505: Energy Recovery Gropu V. Richard J. Simmers, Acting Chief Division Of Oil And Gas Oil Department Of Natural Resources, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 92-188

Appeal No. 0519: Edwin Green, V. Richard J. Simmers, Acting Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 92-210

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.

Mining Regulation And Takings, Mark Squillace

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

10 pages.

Contains footnotes.

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.

The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.

Mining Regulation And Takings, L. Thomas Galloway

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Doing Environmental Justice In Appalachia: Lawyers At The Grassroots And The Aspiration Of Social Change, Dean Hill Rivkin

West Virginia Law Review

No abstract provided.

Appeal No. 0531: Jerry Markle, V. Richard J. Simmers, Acting Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-75

Appeal No. 0532: Jerry Markle, V. Richard J. Simmers, Acting Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-101

Appeal No. 0535: William E. Kidd, V. Richard J. Simmers, Acting Chief Division Of Oil And Gas, Oil And Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order No. 93-105

Appeal No. 0491: The Ohio Casualty Group V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-382

Appeal No. 0493: Floyd E. Thompson Oil Company V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-575

Appeal No. 0475: Petro Evaluation Services V. Donald L. Mason, Chief Division Of Oil & Gas, Ohio Dept. Of Natural Resources, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-304