Seattle University School of Law
GableGotwals
University of Minnesota Law School
Washington and Lee University School of Law
Forhdam University School of Law
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation,
2020
University of New Mexico
Reasonable Inference Of Authority To Control Hazardous Waste Disposal Results In Potential Liability: United States V. Aceto Agricultural Chemicals Corporation, Anita Letter
Natural Resources Journal
No abstract provided.
Recent Case Decisions,
2019
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Local Content Policies In The Petroleum Industry: Lessons Learned,
2019
University of Oklahoma College of Law
Local Content Policies In The Petroleum Industry: Lessons Learned, Eduardo G. Pereira, Christopher Mathews, Heike Trischmann
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Curative Pooling When The Validity Of An Oil And Gas Lease Is Challenged (Force Pooling The Top Lessee),
2019
University of Oklahoma College of Law
Curative Pooling When The Validity Of An Oil And Gas Lease Is Challenged (Force Pooling The Top Lessee), Matt Allen
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2019
University of Oklahoma College of Law
Editor's Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
A Dirty Waste—How Renewable Energy Policies Have Financed The Unsustainable Waste-To-Energy Industry,
2019
Boston College Law School
A Dirty Waste—How Renewable Energy Policies Have Financed The Unsustainable Waste-To-Energy Industry, Hale Mcanulty
Boston College Law Review
The end of the 20th Century saw a major shift in the United States’ approach to energy policy. After decades focused on fossil fuel production, the country began to realize that renewable sources of energy were the way of the future. Motivated by environmental concerns and a realization that oil is a finite resource, the federal government and local governments began adopting economic policies that rewarded investment in and production of renewable, clean technology. Governments relied on both mandates and tax incentives to encourage the use of energy from sources like solar and wind power. Waste-to-Energy (“WTE”) power is another ...
Wildearth Guardians V. United States Bureau Of Land Management,
2019
University of Montana School of Law
Wildearth Guardians V. United States Bureau Of Land Management, Seth Sivinski
Public Land & Resources Law Review
In WildEarth Guardians v. U.S. BLM, the District Court of Colorado showed that economic and developmental uncertainty is an area where agencies are given broad discretion in deciding whether an impact is reasonably foreseeable and requires a further conformity analysis under the Clean Air Act. This case exemplifies the tactical limitation of using climate change and the science around it to force greater analysis of projects undertaken by federal agencies. However, the court presented a potential roadmap for successful future challenges.
Solenex Llc V. Jewell,
2019
Alexander Blewett III School of Law at the University of Montana
Solenex Llc V. Jewell, F. Aaron Rains
Public Land & Resources Law Review
In Solenex LLC v. Jewell, the Secretary of the Interior cancelled a highly contentious oil and gas lease in Montana’s Badger-Two Medicine area, an environmentally sensitive and culturally significant area to the Blackfeet Tribe, nearly thirty years after the lease had been issued. Solenex, a Louisiana based oil and gas company and holder of the lease, brought this action to enjoin the cancellation. The District Court for the District of Columbia agreed with Solenex and found that the Secretary’s decision took an unreasonable amount of time and violated good-faith contractual obligations. On these grounds, the court found the ...
Sierra Club V. Virginia Electric & Power Company,
2019
Alexander Blewett III School of Law at the University of Montana
Sierra Club V. Virginia Electric & Power Company, Thomas C. Mooney-Myers
Public Land & Resources Law Review
The Sierra Club alleged Dominion violated the Clean Water Act by allowing arsenic to leak from coal ash storage pits into state waters. The Fourth Circuit Court of Appeals found for the polluter, using a narrow definition of point source. Additionally, the Fourth Circuit deferred to agency interpretation of the polluter’s permit to find no violation occurred.
Massachusetts Lobstermen’S Association V. Ross,
2019
Alexander Blewett III School of Law at the University of Montana
Massachusetts Lobstermen’S Association V. Ross, Daniel Brister
Public Land & Resources Law Review
President Obama established the first––and only––national monument in the Atlantic Ocean on September 15, 2016. Located 130 miles southeast of Cape Cod, Massachusetts, and comprised of 4,913 square miles of marine ecosystems rich in biodiversity, the protected area includes four underwater mountains and three submarine canyons. Plaintiff commercial lobster and fishing associations, seeking to overturn the designation, asserted that the Antiquities Act does not permit a president to establish marine national monuments. The U.S. District Court for the District of Columbia disagreed, upholding a president’s authority to protect offshore areas and vast ecosystems as objects ...
Pipelines & Power-Lines: Building The Energy Transport Future,
2019
Southern Methodist University, Dedman School of Law
Pipelines & Power-Lines: Building The Energy Transport Future, James W. Coleman
Faculty Scholarship
The United States is in the middle of three profound energy revolutions — with booming production of renewable power, natural gas, and oil. The country is replacing coal power with renewable and natural gas power, reducing pollution while saving consumers money. And it has dramatically cut its oil imports while becoming, for the first time in half a century, an important oil exporter. The U.S. is on the cusp of an energy transformation that will provide immense economic and environmental benefits.
This new energy economy will require massive investment in energy transport — especially power lines to bring wind and solar ...
Energy Competition: From Commodity To Boutique & Back,
2019
Southern Methodist University, Dedman School of Law
Energy Competition: From Commodity To Boutique & Back, James W. Coleman
Faculty Scholarship
Energy products such as power, gas, and oil have long been the world’s premier commodities. Consumers demand that power and fuel are available when they want it and they prefer to pay less for it. Few know or care where their fuel or power comes from. So for years energy companies believed that efforts to differentiate their products were mostly ineffective — they were re-signed to compete on price in fierce global commodity markets. But in recent years, a new focus on regulating how energy commodities are produced has begun to splinter previously integrated energy markets, creating markets for boutique ...
Recent Case Decisions,
2018
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Uniting Energy And Environmental Law: Focus On Innovation, Creativity, And Economics,
2018
University of Oklahoma College of Law
Uniting Energy And Environmental Law: Focus On Innovation, Creativity, And Economics, Inara Scott
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The State Of The Us Energy Sector,
2018
University of Oklahoma College of Law
The State Of The Us Energy Sector, Joshua D. Rhodes, Phd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments,
2018
University of Oklahoma College of Law
Pennsylvania Gas: Trusts, Takings, And Judicial Temperaments, Joshua Ulan Galperin
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Turning The Tide In Coastal And Riverine Energy Infrastructure Adaptation: Can An Emerging Wave Of Litigation Advance Preparation For Climate Change?,
2018
University of Oklahoma College of Law
Turning The Tide In Coastal And Riverine Energy Infrastructure Adaptation: Can An Emerging Wave Of Litigation Advance Preparation For Climate Change?, Dena Adler
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor’S Introduction,
2018
University of Oklahoma College of Law
Editor’S Introduction, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Big Horn County Electric Cooperative, Inc. V. Big Man,
2018
Alexander Blewett III School of Law at the University of Montana
Big Horn County Electric Cooperative, Inc. V. Big Man, Brett Berntsen
Public Land & Resources Law Review
The tribal exhaustion doctrine requires that parties first exhaust available tribal court remedies before challenging tribal jurisdiction in federal court. Exactly what constitutes an exhaustion of tribal court remedies, however, remains riddled with nuance. In Big Horn County Electric Cooperative, Inc. v. Big Man, the U.S. District Court for the District of Montana rejected a U.S. magistrate judge’s recommendation to remand a case to tribal court to further develop the factual record. Instead, the district court relied on federal circuit court precedent in holding that exhaustion had occurred when the tribal appellate court expressly ruled on the ...
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation,
2018
Food Law International
The Carbon Tax Vacuum And The Debate About Climate Change Impacts: Emission Taxation Of Commodity Crop Production In Food System Regulation, Gabriela Steier
Pace Environmental Law Review
The scientific consensus on climate change is far ahead of U.S. policy on point. In fact, the U.S. has a legal vacuum of carbon taxation while climate change continues to impact the codependence of agriculture and the environment. As this Article shows, carbon taxes follow the polluter-pays model, levying taxes on the highest greenhouse gas (“GHG”) emissions—and contributions to climate change. But this is not only unsustainable; it would also undermine agricultural production and, thus, food security. This Article describes how the law can regulate climate change contributions and promote adaptation and mitigation supported through carbon taxes ...
