Oil, Gas, and Mineral Law Commons^™

County Of Maui V. Hawaii Wildlife Fund And Its Impact On Clean Water Act Jurisprudence, Sydney Bale

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Cutting The Aegean Gordian Knot: A Pathway To Harness The Petroleum Resources Lying Within The Aegean Seabed, Costas S. Michail

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Production In Paying Quantities In Oklahoma In The Twenty-First Century, Raymond B. (“Ray”) Roush

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

North Africa Can Reduce Europe's Dependence On Russian Gas By Transporting Wasted Gas Through Existing Infrastructure, Mark Davis, Perrine Toledano, Thomas Schorr

Columbia Center on Sustainable Investment Staff Publications

Russia's war against Ukraine is a wake-up call to reduce Europe's dependence on Russian oil, gas, and coal. It is also a defining moment to accelerate the energy transition to a net-zero society with more supply diversity, energy security, and resilience. Europe needs to massively invest in a cleaner energy system. In the short term, this crisis should accelerate our focus on reducing waste gas from flaring, venting, and leaking – some 260 billion cubic meters (BCM) globally or 1.7x that of the European Union's gas imports from Russia. By capturing gas from flaring, venting, and leaking in North Africa, …

New Producer Contract Terms And Uncertainty: Lessons From The Recent Past, Patrick R.P. Heller, Perrine Toledano, David Mihalyi, Tehtena Mebratu-Tsegaye

Columbia Center on Sustainable Investment Staff Publications

The petroleum industry is volatile, and governments in “new producer” countries have operated at a significant information disadvantage when negotiating with international oil companies. This challenge is growing today; new producer countries face intensifying questions around whether to offer fiscal incentives to maintain investment in the face of 1) the pandemic-induced volatility in oil prices and 2) long-term questions about the future of the industry in the face of the climate crisis and the global energy transition.

This confluence of short-term and long-term uncertainty is prompting a reexamination of the narrative that once took hold in many new producer countries. …

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

Judicial Ethics In The Confluence Of National Security And Political Ideology: William Howard Taft And The “Teapot Dome” Oil Scandal As A Case Study For The Post-Trump Era, Joshua E. Kastenberg

St. Mary's Law Journal

Political scandal arose from almost the outset of President Warren G. Harding’s administration. The scandal included corruption in the Veterans’ Administration, in the Alien Property Custodian, but most importantly, in the executive branch’s oversight of the Navy’s ability to supply fuel to itself. The scandal reached the Court in three appeals arising from the transfer of naval petroleum management from the Department of the Navy to the Department of the Interior. Two of the appeals arose from President Coolidge’s decision to rescind oil leases to two companies that had funneled monies to the Secretary of the Interior. A third appeal …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.

Appeal No. 1006 (1st): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-192 (Elkrum Wentz NE Unit; Hilcorp Energy Co.)

Looking For A Lorax: Environmental Prosecution And Regulatory Failings In Overseeing Pennsylvania's Fracking Industry, Blaire L. Bernstein

Villanova Law Review (1956 - )

No abstract provided.

Fracturing The Rule Of Capture: The Improper Application Of The Rule Of Capture To Subsurface Intrusions Resulting From Hydraulic Fracturing, Alexis K. Désiré

Seattle Journal of Technology, Environmental, & Innovation Law

Imagine that during the course of hydraulically fracturing a tract of land—a process used to extract gas from low-permeability rock formations —a drilling company causes fractures, as well as some of the materials necessary to the fracturing process, to cross the boundary of its property line and enter an adjoining property—that is, it makes a subsurface intrusion onto a neighbor’s property. Assume further that, because the company’s fractures have extended into the neighbor’s property, oil and gas from the neighboring land travels to the company’s wellbore, causing the neighbor to bring a tort action against the company for harms related …

Comparative Analysis Between Saudi Arabia And Norway In Moving Beyond Fossil Fuels Towards A Sustainable Economy: A Special Emphasis On The Renewable Energy Sector, Saad Nasser Alqahtani

Dissertations & Theses

Saudi Arabia is the largest economy in the Middle East and the 18th largest in the world. The country has the world's second-largest proven petroleum reserves and is the largest exporter of petroleum. In 2016, Saudi Arabia had the third highest estimated value of natural resources at $34.4 trillion (US). However, because of the 2014 oil crash, climate change, and the development of renewable energy technology, the government has decided to transition from its complete reliance on oil revenues and to start investing heavily in other non-oil sectors, such as the renewable energy sector. The Saudi government plans to generate …

Disinformation On Trial: Fighting Foreign Disinformation By Empowering The Victims, Ari B. Rubin

Cardozo Law Review

Foreign disinformation catapulted into the national spotlight with the 2016 presidential election, but its impact is not confined to the electoral map or season. This Article addresses the threat of foreign disinformation by proposing a new statute: a private right of action, enabling harmed persons to directly sue state or private actors, foreign or domestic, who knowingly or recklessly spread disinformation from abroad. Scholars and policymakers have proposed other, far-flung solutions ranging from greater online security to outright censorship. Each of those ideas stumbles on common challenges and lacks a valuable ingredient: an interested party, directly harmed by the foreign …

Monsanto: Creator Of Cancer Liability

DePaul Business & Commercial Law Journal

No abstract provided.

Impact Of Corporate Response To Controversial Presidential Statements Or Policies

DePaul Business & Commercial Law Journal

No abstract provided.

The Long-Term Problem With Electric Vehicle Batteries: A Policy Recommendation To Encourage Advancement For Scalable Recycling Practices, Lauren Fricke

Seattle Journal of Technology, Environmental, & Innovation Law

With the growing popularity of electric vehicles, the demand for lithium ion (Li-ion) batteries, which are the dominant energy source for electric vehicles, are skyrocketing. By default, this means a growing demand for the raw materials needed to manufacture these complex batteries such as lithium, cobalt, and nickel. Economic, environmental, and political supply chain factors bring into question the sustainability of these batteries as a solution to the issues surrounding gasoline powered transportation, creating a need for large scale Li-ion battery recycling. By 2030, 140 million EVs are predicted to be on the road worldwide. In that time, eleven million …

Uranium 233: The Nuclear Superfuel No One Is Using, Maris Hanson

Seattle Journal of Technology, Environmental, & Innovation Law

Nuclear power offers more energy in less physical space than solar and wind and yields more energy per pound than fossil fuels. However different nuclear fuels yield different waste profiles and create different beneficial products. Uranium 233 (U233) resists use in nuclear weapons, yields beneficial daughter products, and produces dramatically less of the most problematic waste products than Uranium 235 (U235). U233 results from reactions with Thorium, a plentiful, ubiquitous element currently considered waste from rare earth mines. Additionally, U233 functions well in a liquid fuel reactor resulting in safer, more efficient reactors than current solid fuel U235 or Plutonium …

Appeal No. 0996: Velma J. Neuhart, Et Al. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-50 (Gulfport Appalachia, LLC; Brown #9 Unit)

Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune

Utah Law Faculty Scholarship

The Biden Administration’s efforts to expedite a transition to clean energy have prompted calls for permit reform. Clean energy relies heavily upon critical minerals and transitioning to a clean energy economy demands a global increase in mineral production. Some commentators suggest that environmental standards must be loosened in order to achieve efficiency. This premise offers short term gain in exchange for long-term pain. It also poses a false dilemma by failing to distinguish between productive and unproductive causes of delay in the permitting process. The permit process creates opportunities to eliminate, reduce, or mitigate risks. These opportunities may cause short-term …

Comments Submitted In Response To Request For Information To Inform Interagency Working Group On Mining Regulations, Laws, And Permitting, Robert B. Keiter, Jamie Pleune, Heather Tanana, Brigham Daniels, Tim Duane, Elisabeth Parker

Utah Law Faculty Scholarship

On March 31, 2022, the Department of Interior announced the formation of an interagency working group to develop recommendations for improving Federal hardrock mining regulations, laws, and permitting processes, and invited public comment to help inform the efforts of the working group. The Request for Information sought, among other things, recommendations on “opportunities to reduce time, cost, and risk of permitting without compromising strong environmental and consultation benchmarks.” Members of the Wallace Stegner Center of Land Resources and the Environment, at the S.J. Quinney College of Law, University of Utah submitted comments based on their shared expertise in mining law, …

Unlocking The Power Of Reformers To Achieve Better Progress On Extractives Governance, Leila Kazemi, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Focusing on supporting “reformers” - those with a genuine commitment to reforms - is a way of trying to start on auspicious footing by targeting those with an existing interest in seeing good governance of extractive industries take root. While providing resources to bolster the technical capacity of these actors will be a critical aspect of their prospects for success, another is helping them to more effectively interact with their political contexts. Indeed, for the potential of reformers to drive and sustain relevant policy and institutional changes to be realized, the incentive and power dynamics that can impede these actors …

Louisiana Oil & Gas Update, Keith B. Hall

Journal Articles

No abstract provided.

A Unifying Doctrine Of Subsurface Property Rights, Joseph A. Schremmer

Faculty Scholarship

This Article advances the “fair opportunity doctrine,” a theory of subsurface property rights that systematizes the case law in this confused area using formal legal reasoning. This theory offers a jurisprudential approach to analyzing private law that can then be applied to the field of subsurface property. This approach emphasizes the law’s role in providing ex ante guidance to members of a community in ordering their affairs and interactions with others and the importance of coherence in that function. On this basis, the “fair opportunity doctrine” improves substantially on the current state of subsurface property law and demonstrates the potential …

Oil, Gas, And Mineral Law, Austin W. Brister

SMU Annual Texas Survey

No abstract provided.

The Cost Of Unstable Property: Oil, Gas, And Other Confusing Mineral Interests, Chad J. Pomeroy

Faculty Articles

Most people think of property as a thing: a chunk of land or a piece of personal property. Most lawyers, hopefully, have a more sophisticated view and think of property as a set of rights that exists with respect to a thing and governs how one interacts with that thing vis-a-vis other people. But even that nuance is not refined enough for an oil and gas lawyer. Such a practitioner does, of course, view ownership as a set of rights, but the thing at hand is not just a piece of real property or the part of the land that …

A Deep Dive Into Private Governance Of Deep-Sea Mining, Andrew Johnson

Vanderbilt Journal of Entertainment & Technology Law

Modern, information-driven economies need rare-earth metals for everything from laptop computers to cellular phones. Society will require more of these metals for the solar panels, wind turbines, and storage batteries necessary to convert electricity systems to renewable energy. The deep sea contains large amounts of high-quality, rare-earth metals that companies and nations are increasingly interested in mining. The International Seabed Authority (ISA) is authorized under the United Nations Convention on the Law of the Sea (UNCLOS) to permit and regulate deep-sea mining of the sea floor outside of national jurisdiction (the “Area”), and the ISA is currently developing regulations to …