Atlantic Richfield Company V. Montana Second Judicial District Court,
2018
Alexander Blewett III School of Law at the University of Montana
Atlantic Richfield Company V. Montana Second Judicial District Court, Molly Kelly
Public Land & Resources Law Review
Landowners in Opportunity, Montana sought restoration damages from ARCO, Anaconda Copper Mining Company’s successor, to their property from over a century of processing ore at the Anaconda Smelter. ARCO argued that CERCLA preempted and barred any claim for restoration damages. The Montana Supreme Court held: landowners could bring their state common law claims seeking restoration damages; the state district court had subject matter jurisdiction; and landowners’ proposed restoration fund did not challenge EPA’s selected remedy under CERCLA.
Reply Brief For The Petitioner - Washington V. United States, Docket No. 17-269 (138 S.Ct. 735 (2018)),
2018
University of Washington School of Law
Reply Brief For The Petitioner - Washington V. United States, Docket No. 17-269 (138 S.Ct. 735 (2018))
Washington v. United States, Docket No. 17-269 (138 S.Ct. 735 (2018))
No abstract provided.
Recent Case Decisions,
2018
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Neil Gorsuch: On Energy And Environmental Law,
2018
University of Oklahoma College of Law
Neil Gorsuch: On Energy And Environmental Law, Benjamin Warden
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Murr V. Wisconsin: A Necessary Evil?,
2018
University of Oklahoma College of Law
Murr V. Wisconsin: A Necessary Evil?, Sha’Kera Trimble
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports,
2018
University of Oklahoma College of Law
Interpreting The Oil Pollution Act Of 1990 (Opa 90) As Inapplicable To The Natural Gas Industry And Deepwater Lng Ports, Patrick R. Pennella
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Frac Sand, Hydraulic Fracturing, And Implied Covenants: The Potential For Liability,
2018
University of Oklahoma College of Law
Frac Sand, Hydraulic Fracturing, And Implied Covenants: The Potential For Liability, Slate Olmstead
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin,
2018
University of Oklahoma College of Law
Quaking In Their Boots: Oklahoma Landowners And Regulators Left With An Uncertain Future After Murr V. Wisconsin, Collin Mccarthy
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector,
2018
University of Oklahoma College of Law
Oil States Energy Services V. Greene’S Energy Group: The Future Of Inter Partes Review And Its Impact On The Energy Sector, Megan Douglah
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Death Of The Joint Venture Exemption In Oil And Gas Securities Regulation,
2018
University of Oklahoma College of Law
The Death Of The Joint Venture Exemption In Oil And Gas Securities Regulation, Megan Conner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction,
2018
University of Oklahoma College of Law
Editor's Introduction, Mason W. Smith
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Brief Amicus Curiae On Behalf Of Pacific Coast Federation Of Fishermen’S Associations, Alaska Trollers Association, Institute For Fisheries Resources, Fly Fishers International, Northwest Sportfishing Industry Association, Northwest Guides And Anglers Association - Washington V. United States, Docket No. 17-269 (138 S.Ct. 735 (2018)) Association Of Northwest Steelheaders, And The Conservation Angler In Support Of Respondents
Washington v. United States, Docket No. 17-269 (138 S.Ct. 735 (2018))
No abstract provided.
Survey Of Legal Mechanisms Relating To Groundwater Along The Texas-Mexico Border,
2018
Texas A&M University School of Law
Survey Of Legal Mechanisms Relating To Groundwater Along The Texas-Mexico Border, Jessica Foster
EENRS Program Reports & Publications
The purpose of this study is to present a factual picture of the multiple groundwater governance frameworks that cover the same transboundary aquifers on the Texas-Mexico border. The study can then serve as a foundation to support future research and as a reference for those sharing groundwater resources on the border to use in considering whether and how to coordinate management. Currently, Texas A&M School of Law, the Bush School of Government and Public Service at Texas A&M University, and the Texas Water Resources Institute are collaboratively pursuing a larger interdisciplinary project, and the study presented in this report is …
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding,
2018
West Virginia University
Power And Powerlessness In The Shale Valley Schools: Fracking For Funding, Jacqueline Yahn
West Virginia Law Review
No abstract provided.
The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law,
2018
Michigan State University College of Law
The Fragile Menagerie: Biodiversity Loss, Climate Change, And The Law, James M. Chen
Indiana Law Journal
I. THE HIPPODROME OF THE GODS: RACING AGAINST ECOLOGICAL AND
EVOLUTIONARY APOCALYPSE....................................................................... 304
II. ACROSS THE APOCALYPSE ON HORSEBACK: LEGAL RESPONSES
TO BIODIVERSITY LOSS .................................................................................... 310
A. OVERKILL ........................................................................................... 310
B. ALIEN INVASIVE SPECIES ..................................................................... 316
C. HABITAT DESTRUCTION AND PUBLIC LAND MANAGEMENT .................. 321
1. ISLAND BIOGEOGRAPHY .............................................................. 321
2. PUBLIC LANDS MANAGEMENT..................................................... 325
III. THE ENDANGERED SPECIES ACT: FROM PRIVATE LANDS TO
GLOBAL COMMONS .......................................................................................... 329
A. ENDANGERED SPECIES ACT MECHANICS .............................................. 330
1. LISTING ENDANGERED AND THREATENED SPECIES....................... 330
2. CRITICAL HABITAT ..................................................................... 333
3. INTERAGENCY CONSULTATION .................................................... 333
B. HABITAT CONSERVATION ON PRIVATE LANDS...................................... 335
C. …
The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States,
2018
S.J. Quinney College of Law, University of Utah
The Control Of Methane And Voc Emissions From Oil And Gas Operations In The Western United States, Arnold W. Reitze Jr.
Utah Law Faculty Scholarship
This article discusses the regulation of hydrocarbon emissions, including the emissions of methane, a potent greenhouse gas, from the oil and gas industry in the western United States. It covers the regulations of the Environmental Protection Agency, the Bureau of Land Management, and other Federal agencies. It also discusses the state laws of the major oil and gas producing western states: California, Colorado, New Mexico, Utah, and Wyoming. It covers operations on public, state, and private lands, but it does not cover oil and gas operations on Indian lands that are the subject of the author’s previous article.
Harvest The Wind, Harvest Your Dinner: Using Law To Encourage An Offshore Energy-Food Multiple-Use Nexus,
2018
S.J. Quinney College of Law, University of Utah
Harvest The Wind, Harvest Your Dinner: Using Law To Encourage An Offshore Energy-Food Multiple-Use Nexus, Robin Kundis Craig
Utah Law Faculty Scholarship
Most scholars discuss the food-water-energy-climate nexus as it emerges on land. Less attention has been paid to the food-water-energy-climate nexus as it exists in the ocean, but that nexus exists—and it is beginning to be strained. This Article, a companion piece to the forthcoming “It’s Not Just an Offshore Wind Farm,” explores the international drive to combine offshore wind facilities with marine aquaculture, an emerging example of the water-energy-food nexus in the marine environment. Many nations are becoming increasingly interested in both offshore wind farms and open ocean marine aquaculture, but both enterprises take up considerable space in the marine …
Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa,
2018
University of New Mexico - School of Law
Property Provisions Of The Joint Operating Agreement: An Update For The New 2015 Form Joa, Alex Ritchie, Gary B. Conine
Faculty Scholarship
The joint operating agreement (JOA) in the oil and gas industry helps coordinate joint operation efforts that facilitate exploration and unitization of tracts, and conservation of a depleting resource. Professor Conine’s 1988 article expanded, limited, and defined the property interests of the parties both inside and outside the contract area. This article is an update to those prior works with greater emphasis on the 1989 Form JOA, cases and developments since its publication, and the implications of the revisions to the JOA in the new 2015 Form JOA published by the American Association of Professional Landmen (AAPL).
The purposes of …
Putusan Sengketa Laut China Selatan Serta Implikasi Hukumnya Terhadap Negara Disekitar Kawasan Tersebut,
2018
Tanjungpura University, Indonesia
Putusan Sengketa Laut China Selatan Serta Implikasi Hukumnya Terhadap Negara Disekitar Kawasan Tersebut, Muhammad Rafi Darajati, Huala Adolf, Idris -
Jurnal Hukum & Pembangunan
One of interesting developments about the global security is the issue of territorial disputes in the South China Sea between Philippines and China. Philippines has brought the dispute to the Permanent Court of Arbitration. The ruling from Permanent Court of Arbitration said that China’s claim about a nine-dash line does not have a legal basis. However, China rejects the ruling and remains aggressive which might cause instability in South China Sea region. This research aims to look at the implications of the ruling of the Permanent Court of Arbitration for State Parties and states around the South China Sea region. …
National Association Of Manufacturers V. Department Of Defense,
2018
Alexander Blewett III School of Law at the University of Montana
National Association Of Manufacturers V. Department Of Defense, Summer L. Carmack
Public Land & Resources Law Review
In an attempt to provide consistency to the interpretation and application of the statutory phrase “waters of the United States,” as used in the Clean Water Act, the EPA and Army Corps of Engineers together passed the WOTUS Rule. Unfortunately, the Rule has created more confusion than clarity, resulting in a number of lawsuits challenging substantive portions of the Rule’s language. National Association of Manufacturers v. Department of Defense did not address those substantive challenges, but instead determined whether those claims challenging the Rule must be filed in federal district courts or federal courts of appeals. In its decision, the …
