Colorado,
2025
University of Oklahoma College of Law
Colorado, David R. Little, Diana S. Prulhiere
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Arkansas,
2025
University of Oklahoma College of Law
Arkansas, Andreah Riedel
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Alaska,
2025
University of Oklahoma College of Law
Alaska, Steven A. Rhodes, Zachary H. Barrett, Kizito Aidam
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2025
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Alexandra Jury
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Formula For “Sustainable” Tuna,
2025
Elisabeth Haub School of Law at Pace University
The Formula For “Sustainable” Tuna, Brianna M. Grimes
Pace Environmental Law Review
Tuna is one of the most popular types of seafood. But in today’s market, consumers want more than just good taste; they want to know that the food they eat is sustainably sourced. A major obstacle plaguing the tuna industry and hindering sustainability is bycatch—the incidental catch of non-target species. To begin, this paper will provide an overview of the history and inherent problems of tuna fishing, and the existing public laws and regulations, both at the national and international level, that govern fisheries. Next, this paper will identify private environmental governance initiatives undertaken by the industry to fill the …
Arbitrators Of Environmental Disputes: The Guardians Of Natural Resources,
2025
Elisabeth Haub School of Law at Pace University
Arbitrators Of Environmental Disputes: The Guardians Of Natural Resources, Isabella Mazzei
Pace Environmental Law Review
According to the International Energy Agency, to achieve net zero emissions by 2050, global investment in clean energy must more than triple, reaching $4 trillion. More investments in technology for clean energy and infrastructure means more transactions across major industries. This inevitably translates to the potential for more disputes, including environmental concerns. Most energy related disputes are predicted to arise in the oil and gas sector, the power generation sector, and the offshore renewable sector. Arbitration presents an appealing option to efficiently resolve these emerging conflicts. This paper highlights the growing importance of arbitration in resolving environmental disputes. To explore …
Tfpa, Wildfire Mitigation, And The Dissemination Of Indigenous Knowledge,
2025
Pace University
Tfpa, Wildfire Mitigation, And The Dissemination Of Indigenous Knowledge, Lauren Palmer
Pace Environmental Law Review
The United States is experiencing a multitude of environmental issues across the country, including increasingly frequent and disastrous wildfires. Simultaneously, Indigenous persons are demanding their right to self-sovereignty and working to preserve intergenerational Indigenous Knowledge including cultural burning practices. Cultural burning is a practice of many Indigenous tribes that help environments and the species that comprise them, foster and grow. To further help tribes with their mission in keeping Indigenous Knowledge alive and to reduce the frequency and severity of destructive wildfires, this article argues the federal government should amend federal acts to provide Indigenous tribes with a greater opportunity …
The Role Of Private Liability In The Fight Against Climate Change,
2025
Fordham University School of Law
The Role Of Private Liability In The Fight Against Climate Change, Matthew Salavitch
Pace Environmental Law Review
Parties have increasingly turned to courts both to seek redress for current climate-related harms and to compel states and private actors to reduce their future GHG emissions. As a result, courts around the world have been faced with the task of defining the proper role of the judiciary in fighting climate change. In the United States, however, many courts have had difficulty defining the judiciary’s proper role in providing redress for climate-related harms, especially in relation to comprehensive federal regulation of air pollution under the Clean Air Act (CAA). Considering the uncertainty surrounding the preemptive effect of the CAA on …
Ngo Partnerships Providing Legitimacy To Private Environmental Governance,
2025
Elisabeth Haub School of Law at Pace University
Ngo Partnerships Providing Legitimacy To Private Environmental Governance, Isabelle Hayes
Pace Environmental Law Review
The climate crisis is one of the most pressing issues our world faces today. Traditionally, the government has been the actor to facilitate change in the environmental governance realm. However, an absence in comprehensive environmental action and legislation has led to the emergence of another framework—private environmental governance. Private environmental governance allows actors from the private sector to fill the gaps of government inaction on environmental issues and lead the sustainability movement. A concern of private action is the absence of legitimacy, which can come with government action. Thus, private companies can choose to engage in partnerships with nongovernmental organizations …
Who Owns The Heat? Navigating Pennsylvania's Geothermal Property Rights,
2025
Villanova University Charles Widger School of Law
Who Owns The Heat? Navigating Pennsylvania's Geothermal Property Rights, Todd S. Aagaard, Rachel S. Winfield
Faculty Publications
No abstract provided.
Climate Proof Electricity,
2025
SJ Quinney College of Law, University of Utah
Climate Proof Electricity, Kristen Van De Biezenbos
Utah Law Review
The devastating impacts of climate change make themselves known in the form of fires, floods, droughts, storms, extreme heat and cold, and worsening socioeconomic conditions around the globe. At the same time, the U.S. electricity system has never been more vulnerable to severe weather. Even as we embark on a national project to decarbonize the electricity system by 2035, the U.S. leads the developed world in power outages. These outages are in large part due to aging infrastructure, improperly weatherized systems, vegetation crashing down on transmission and distribution lines and—perhaps most devastating of all—wildfires caused by fallen power lines in …
Infrastructure, Equity And Climate Change: The Promise Of The Infrastructure Investment And Jobs Act (Iija),
2025
University of Oklahoma College of Law
Infrastructure, Equity And Climate Change: The Promise Of The Infrastructure Investment And Jobs Act (Iija), Dante R. Gurule
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Fixing The Last Frontier: How Law And Policy Governing Commercial Fishing Have Failed Alaska’S Environment And Economy,
2025
University of Oklahoma College of Law
Fixing The Last Frontier: How Law And Policy Governing Commercial Fishing Have Failed Alaska’S Environment And Economy, Andrew Ilemsky
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Overview Of Oil And Gas Activities In The Amazonian Territories,
2025
University of Oklahoma College of Law
Overview Of Oil And Gas Activities In The Amazonian Territories, Leonardo Costa Da Fonseca, Marcio Pina Marques
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2025
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Alexandra Jury
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims,
2025
Golden Gate University School of Law
First In Time Since Time Immemorial: Tribal Instream Rights Undercut Water Taking Claims, Paul Stanton Kibel, L. Victoria Wang
American Indian Law Journal
Courts have held that American Indian tribal fishery rights can give rise to tribal instream flow rights. They have also held that the curtailment of rights of diversion to protect fisheries under the Federal Endangered Species Act may give rise to potential takings claims under the Fifth Amendment of the United States Constitution. In its 2019 decision in Baley v. United States the federal circuit court of appeals held that minimum instream flows under the ESA were needed to fulfill American Indian tribal fishery rights, and these rights carried a priority date of “time immemorial” that was senior to any …
The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward,
2025
Seattle University School of Law
The Navajo Nation And The Colorado River: Their Current Statuses And The Tribe's Path Forward, Colton Gregg
American Indian Law Journal
No abstract provided.
Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy,
2025
Seattle University School of Law
Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis
Seattle University Law Review
Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …
The Meaning Of "Other Minerals" And Other Incidents Of Mineral Ownership,
2025
Southern Methodist University, Dedman School of Law
The Meaning Of "Other Minerals" And Other Incidents Of Mineral Ownership, Monika U. Ehrman, Colton Franks
Faculty Journal Articles and Book Chapters
Of all the contracts used in the oil and gas industry, none is as important as the oil and gas lease. It is the foundational instrument in oil and gas and a required prerequisite to development for those who do not own the mineral estate. Its uniqueness arises in that, unlike most other oil and gas contracts, it is both a contract and a conveyance of property. Part I of this article begins with an overview of the mineral estate, the predecessor to an oil and gas lease. Part II examines theories of oil and gas rights ownership and oil …
Beyond Agency Authority: Regulating Sulfur Hexafluoride Under An Enhanced Title Ii Framework Of The Clean Air Act,
2025
Fordham Law School
Beyond Agency Authority: Regulating Sulfur Hexafluoride Under An Enhanced Title Ii Framework Of The Clean Air Act, Matthew Gawley
Fordham Environmental Law Review
This paper explores the critical need for robust Congressional action to regulate sulfur hexafluoride (SF6), a greenhouse gas with a global warming potential more than 20,000 times greater than carbon dioxide. Recent Supreme Court decisions––in West Virginia v. EPA and Loper Bright Enterprises v. Raimondo––to restrict EPA authority and end the Chevron doctrine have curtailed federal environmental agencies’ regulatory authority, shifting the responsibility for addressing major environmental challenges back to Congress. Despite being addressed under Title I of the Clean Air Act (CAA) through the 2022 Inflation Reduction Act (IRA), current SF6 regulations prove grossly inadequate. The utilities industry––the largest …
