Natural Resources Law Commons^™

Nutrient Water Quality Trading: A Market-Based Solution To Water Pollution In The Natural State*, Nathan R. Finch

Arkansas Law Review

In the decades since the passage of the Clean Water Act (CWA), our nation’s waters remain impaired by dangerous levels of nutrients such as phosphorous and nitrogen, which can cause serious health impacts. Excess nutrients also have a substantial environmental impact on waterbodies, which in turn diminishes the recreational value of these resources. Efforts to control these nutrient levels place a substantial economic burden on local governments in both providing clean drinking water as well as treating wastewater. The CWA’s cooperative federalism approach divides sources of nutrient pollution into two categories: (1) point sources, and (2) nonpoint sources. Point sources …

Great Basin Resource Watch V. Bureau Of Land Management, Jody D. Lowenstein

Public Land & Resources Law Review

In Great Basin Resource Watch v. Bureau of Land Management, the Ninth Circuit invalidated the BLM’s environmental review, finding that the agency based its approval of a mining project on unsupported reasoning, inaccurate information, and deficient analysis. In negating the action, the court held that the BLM failed to take the hard look required by the National Environmental Policy Act.

Appeal No. 0927: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-158 (modifying Chief's Order 2016-121); M-I SWACO Facility

Appeal No. 0931: M-Il.L.C. Dba M_I Swaco, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Termination Letter; Strasburg Facility

Transition Support Mechanisms For Communities Facing Full Or Partial Coal Power Plant Retirement In New York, Lisa Anne Hamilton, Radina Valova, Karl R. Rábago

Environmental Law Program Publications @ Haub Law

New York State is undergoing a rapid and unprecedented energy transformation, particularly in the electricity sector. As new resources and technologies emerge to meet the demands of 21st century life, regulators must balance the need for cost effective and equitable participation in wholesale power markets while maintaining reliability on the grid. Furthermore, it is critical that all New Yorkers participate fully in the promise of a revitalized and equitable energy future. Such a transformation requires that the needs of all communities are factored into the polices and regulations that move New York toward the bold goals set forth under its …

Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Y. Cordes

Columbia Center on Sustainable Investment Staff Publications

Investor-state contracts are regularly used in low-and middle-income countries to grant concessions for land-based investments, such as agricultural or forestry projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This has serious implications for requirements for meaningful consultation, and, where applicable, free, prior, and informed consent (FPIC), and is particularly important in situations in which investor-state contracts grant the investor rights to lands or resources over which the community has legitimate claims.

The paper explores how consultation and FPIC processes can be integrated into …

Flood And Erosion Control Structures (Climate Adaptation Academy Fact Sheet #4), Audrey Elzerman

Sea Grant Law Fellow Publications

No abstract provided.

Editor's Introduction, Micah L. Adkison

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Be Aggressive With Wind Energy: Blow Away The Decommissioning Fears, Joshua Conaway

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Recent Case Decisions

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Terrorism And Oil & Gas Pipeline Infrastructure: Vulnerability And Potential Liability For Cybersecurity Attacks, Joseph R. Dancy, Victoria A. Dancy

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Curse Of Black Gold: How Maritime Oil Reserves Can Sink International Negotiations, Douglas R. Brooking

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Texas Agritourism Act: Why The Texas Legislature Put Farmer Liability Out To Pasture, Mason W. Smith

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Where Oil Is King, Kristen Van De Biezenbos

Fordham Law Review

Donald Trump has won the 2016 presidential election, and, based on his campaign rhetoric, it seems reasonable to anticipate that the next four years will see a rollback of federal rules and regulations originally intended to combat climate change and environmental pollution in favor of increased production of fossil fuels, including coal. This raises the question of where we can look for protection of environmental goals, if not to federal law or agencies. Unconventional solutions to energy and environmental issues may be the only way to move forward on environmental challenges in the near term. This Article suggests one such …

Standing Rock Sioux Tribe V. U.S. Army Corps Of Engineers, Jody D. Lowenstein

Public Land & Resources Law Review

The Standing Rock Sioux’s effort to enjoin the U.S. Army Corps of Engineers’ permitting of an oil pipeline was stifled by the United States District Court of the District of Columbia. In denying the preliminary injunction, the court held that the Tribe failed to show that the Corps violated the National Historic Preservation Act, and that the Tribe’s belated effort to litigate was futile after failing to participate in the consultation process.

Appeal No. 0936: Coddingville Reality Ltd, V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-368 (Liability Insurance)

Appeal No. 0929: Duck Creek Energy, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-162; (Cessation of Operations; Mogadore Facility)

Appeal No. 0940: Riverside Petroleum & Production, Inc., V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2016-420

Appeal No. 0909: Dow Cameron Oil & Gas, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-413; Dow Cameron Facility

Appeal No. 0908: Dover-Atwood Corporation V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2015-416; Shirley et al Unit #3 Well