Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims,
2013
Atlanta's John Marshall Law School
Environmental Protection Or Mineral Theft: Potential Application Of The Fifth Amendment Takings Clause To U.S. Termination Of Unpatented Mining Claims, Beckett G. Cantley
Washington and Lee Journal of Energy, Climate, and the Environment
The mining claim patent process was much less rigorous in the early days of mining when nearly anyone willing to expend the $500 on “patent improvements,” pay for a mineral survey, and pay the statutory purchase price could patent a mining claim very easily. Over time, the United States government has grown increasingly reluctant to patent mining claims and to allow mining activities to occur on unpatented federal public domain lands. The U.S. government argues that its reluctance to allow mining is simply an environmental concern. However, the U.S. tightening of private mining upon federal lands also coincides with a …
Masthead And Front Matter,
2013
Washington and Lee University School of Law
Masthead And Front Matter
Washington and Lee Journal of Energy, Climate, and the Environment
No abstract provided.
David Sive Award For Best Brief Overall,
2013
Texas Tech University School of Law
David Sive Award For Best Brief Overall, Ricardo Bonilla, Cara Brewer
Pace Environmental Law Review Online Companion
No abstract provided.
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation,
2013
Pepperdine University
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Top Leases And The Rule Against Perpetuities,
2013
Pepperdine University
Top Leases And The Rule Against Perpetuities, J. Suzanne Hill
Pepperdine Law Review
The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.
Appeal No. 0843: Summitcrest, Inc. V. Division Of Oil & Gas Resources Management,
2013
Case Western Reserve University School of Law
Appeal No. 0843: Summitcrest, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Permit Issuance; Chespeake Exploration, LLC
2012 Update: Developments In Natural Resources Law,
2013
University of Arkansas, Fayetteville
2012 Update: Developments In Natural Resources Law, Thomas A. Daily
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
Updates From The Aogc,
2013
University of Arkansas, Fayetteville
Updates From The Aogc, Shane Khoury
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
Mother Hubbard Clauses: Is The Cupboard Bare Or Does That Dog Hunt?,
2013
University of Arkansas, Fayetteville
Mother Hubbard Clauses: Is The Cupboard Bare Or Does That Dog Hunt?, Phillip E. Norvell
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
Unconventional Litigation In Unconventional Plays: A View From The Trenches,
2013
University of Arkansas, Fayetteville
Unconventional Litigation In Unconventional Plays: A View From The Trenches, G. Alan Perkins
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
Post Production Expenses- I Don't Care What The Rules Are, Just Tell Me What They Are,
2013
University of Arkansas, Fayetteville
Post Production Expenses- I Don't Care What The Rules Are, Just Tell Me What They Are, Robert M. Honea
Annual of the Arkansas Natural Resources Law Institute
No abstract provided.
The Development Of Outer Continental Shelf Energy Resources,
2013
Pepperdine University
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
Pepperdine Law Review
An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?,
2013
Pepperdine University
Fear And Loathing On The California Coastline: Are Coastal Commission Property Exactions Constitutional?, Mitchell F. Disney
Pepperdine Law Review
No abstract provided.
Fracking Surrounded By Misinformation,
2013
University of New Mexico - School of Law
Fracking Surrounded By Misinformation, Alex Ritchie
Faculty Scholarship
No abstract provided.
Appeal No. 0844: Andrew & Kristi Stalker V. Division Of Oil & Gas Resources Management,
2013
Case Western Reserve University School of Law
Appeal No. 0844: Andrew & Kristi Stalker V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's order 2012-13; Rufener Unit (Chesapeake Exploration)
Appeal No. 0845: David J. Conrad V. Division Of Oil & Gas Resources Management,
2013
Case Western Reserve University School of Law
Appeal No. 0845: David J. Conrad V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission
Ohio Oil & Gas Commission Decisions
Chief's order 2012-13; Rufener Unit (Chesapeake Exploration)
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade,
2013
The Peter A. Allard School of Law
Legality, Criminality And Agency Beyond The State: Forest Governance, Illegal Logging And Associated Trade, Lorraine Elliott
Transnational Business Governance Interactions Working Papers
This paper examines the disconnect between the literature on and practice of legality verification (LV) in the forest sector and what would seem to be a logical extension into the literature on and responses to forest crime and, more specifically, transnational criminality associated with trade in illegally logged timber. The apparently logical overlap between these two areas of endeavour arises because both are dealing with aspects of supply chains or chains of custody involving raw timber, forest products or timber products more generally. The disconnect, I suggest here, arises because of a lack of 'joined up thinking' between the two …
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition,
2013
University of Maryland Francis King Carey School of Law
Constitutional Limitations On Land Use Controls, Environmental Regulations And Governmental Exactions, 2013 Edition, Garrett Power
Book Gallery
This electronic book is published in a searchable PDF format as a part of the E-scholarship Repository of the University of Maryland Francis King Carey School of Law. It is an “open content” casebook intended for classroom use in courses in Constitutional Law, Land Use Control, and Environmental Law and. It consists of 130 odd judicial opinions (most rendered by the U.S. Supreme Court) carefully selected from the two hundred years of American constitutional history which address the clash between public sovereignty and private property. The text considers both the personal right to liberty and the personal right in property. …
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause,
2013
University of Maryland Francis King Carey School of Law
Escaping The Sporhase Maze: Protecting State Waters Within The Commerce Clause, Mark S. Davis, Michael Pappas
Faculty Scholarship
Eastern states, though they have enjoyed a history of relatively abundant water, increasingly face the need to conserve water, particularly to protect water-dependent ecosystems. At the same time, growing water demands, climate change, and an emerging water-oriented economy have intensified pressure for interstate water transfers. Thus, even traditionally wet states are seeking to protect or secure their water supplies. However, restrictions on water sales and exports risk running afoul of the Dormant Commerce Clause. This Article offers guidance for states, partciularly eastern states concerned with maintaining and improving water-dependent ecosystems, in seeking to restrict water exports while staying within the …
Getches Wilkinson Center Newsletter, Winter/Spring 2013,
2013
University of Colorado Law School
Getches Wilkinson Center Newsletter, Winter/Spring 2013, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment
Getches-Wilkinson Center for Natural Resources, Energy, and the Environment Newsletter (2013-)
No abstract provided.
