Natural Resources Law Commons^™

Mengkaji Penerapan Sanksi Pidana Dalam Pencegahan Penyebaran Covid-19 Di Indonesia, Aliyth Prakarsa, Dadang Herli, Rena Yulia

Jurnal Hukum & Pembangunan

The police in handling policies that are applied in an emergency period use criminal sanctions, meanwhile, the police also need to provide education and legal protection for the community when there are repressive efforts from the police in enforcing government policies through the Chief of Polices Declaration. The specific target to be achieved is to examine the application of the Chief of Polices Declaration in the application of the contents of the edict that contains criminal sanctions and examine its effectiveness in its application. The method used in this study is a normative and empirical legal research method. Normative research …

Surat Edaran Sebagai Instrumen Administrasi Negara Di Masa Pandemi Covid-19, Fitriani Ahlan Sjarif, Efraim Jordi Kastanya

Jurnal Hukum & Pembangunan

Since Indonesia entered a period of health emergencies caused by the outbreak ofthe Covid-19, the Indonesian government has attempted to develop various legal instruments to regulatethe behavior of the Indonesian people. One of the instruments used is a circular letter. This paper tries to examine the normative juridical use of circular letters as an instrument of state administration during this pandemic. In legislation science and administrative law theory,a circular letter is a piece of legislationthat should be used as an official note to warn and remind, notto regulate.In practice, there are several problematic Circular Letters which are used to regulate …

Penerapan Pertanggungjawaban Pidana Korporasi Dalam Berbagai Putusan Pengadilan, Muhammad Fatahillah Akbar

Jurnal Hukum & Pembangunan

By the development of criminal law in Indonesia, the corporate criminal responsibility has been introduced in many Acts. In the practices, there are criminal court decisions which sentenced corporations. This article aims to comprehensively examine how corporate criminal responsibility is implemented in various court decisions. It is found that aggregation theory, which corporate criminal responsibility is based on the actions of some people in the corporation scope, has been applied in most cases. Howeverm the weakness of the aggregation theory, in environment crimes, only corporation which was responsible and most organizers were not. On the other hand, in the corruption …

Status Hukum Penjelasan Undang-Undang Berdasarkan Sistem Peraturan Perundang-Undangan Indonesia, Ilham Fajar Septian, Ali Abdurahman

Jurnal Hukum & Pembangunan

The law explanationis interpretation of norms contained in the body of the law. However, its existence as part of the law promulgatesthe unclear status of the lawexplanation as a mere interpretation or also as a binding legal norm. This has been further emphasized by the Constitutional Court Decision whichchanges its stance in judicial review to the law explanation. Therefore, issues regarding the legal status of the law explanationand the extent to which the Constitutional Court can judicial review tothe law explanationneed to be resolved. This research is a normative juridical research through literature study with historical, statutory, case, conceptual, and …

Universal Access To Clean Water For Tribes In The Colorado River Basin, Heather Tanana, Jaime Garcia, Ana Olaya, Chelsea Colwyn, Hanna Larsen, Ryan Williams, Jonathan King

Utah Law Faculty Scholarship

The coronavirus pandemic has tragically highlighted the vast and long standing inequities facing Tribal communities, including disparities in water access. According to the Centers for Disease Control and Prevention (CDC), American Indians and Alaska Natives (AI/AN) are at least 3.5 times more likely than white persons to contract COVID-19. Limited access to running water is one of the main factors contributing to this elevated rate of incidence.

This report describes current conditions among Tribes in the Colorado River Basin. It outlines the four main challenges in drinking water access: (1) Native American households are more likely to lack piped water …

Toward Rationality In Oil And Gas Leasing: Building The Toolkit For Programmatic Reforms, Rachel Rothschild, Max Sarinsky

Other Publications

For decades, the federal government has inadequately considered the environmental harms of oil and gas extraction in its management of public lands and waters. As a result, fossil-fuel developers have been handed vast swaths of land at bargain prices, causing dangerous levels of greenhouse gas pollution that exacerbates climate change while depriving the public of more beneficial uses of the land.

That is all likely to change soon. A week into his term, President Biden called for a comprehensive review of the oil and gas program.1 That review is now underway and is likely to result in substantial programmatic reforms …

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …

The State Of The Oil And Natural Gas Industry In Oklahoma: The Oil And Gas Industry Moving Forward Post Mcgirt/Murphy, Kallen Burton Snodgrass

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Purpa: Bastion, Bridge, Or Bygone? Constitutional And Consumer-Generator Considerations, Lauren Watson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Stop Pushing People Into The Pool: How Oklahoma’S Forced Pooling Laws Can Better Resemble An Open Market, Kale Hajek

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Finding Our New Normal: Reevaluating Force Majeure Within Oil And Gas Contracts In The Wake Of Covid-19, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Birds, The Bees, And Equitable Relief: Limitations And Restrictions On Judicial Relief Under Nepa, Through The Lens Of Lakes And Parks All. Of Minneapolis V. Fed. Transit Admin., 928 F.3d 759 (8th Cir. 2019), Wesley B. Hazen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

That T-Rex Is Mine! A Note On The Montana Supreme Court Decision Murray V. Bej Minerals, Llc, Bryce Hayden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Are You In Or Are You Out? An International Comparison Of Nuclear Integration Or Discontinuation, Tyler Self

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Case Note On Citgo Asphalt Refining Co. V. Frescati Shipping Co., 140 S. Ct. 1081 (2020), Yuanyuan Zhang

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

The Impact Of Rcra And Mcgirt On Tribal Solid Waste Regulations, Jonathan W. Reiswig

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Editor's Introduction & Front Pages, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Five Years After The Adoption Of The Paris Agreement, Are Climate Change Considerations Reflected In Mining Contracts?, Tehtena Mebratu-Tsegaye, Perrine Toledano, Martin Dietrich Brauch, Mara Greenberg

Columbia Center on Sustainable Investment Staff Publications

Domestic laws are the ideal legal instrument to regulate the mining sector’s contribution to climate change mitigation and adaptation. Even so, as a stop-gap-measure, governments may consider updating model mining development agreements (MMDAs) or negotiating climate­-related contractual provisions. This CCSI paper explores whether governments are using, and how they can use, investor–state mining contracts to advance climate goals. We synthesize our findings and recommendations for six categories of provisions: integrating renewable energy into mining products, reducing deforestation, requiring a climate risk assessment and community vulnerability assessment, regulating water use, requiring tailings dam design justifications, and integrating climate risks into closure …

Comparison Between The Ipcc Reporting Framework And Country Practice, Jiarui Chen, Martin Dietrich Brauch

Columbia Center on Sustainable Investment Staff Publications

To further and fully understand how to plan for the decarbonization of mining value chains, we need better data on carbon and other greenhouse gas (GHG) emissions. However, neither consumers, corporates, or financial institutions know the embodied emissions in the products they produce or sell. While methods like life-cycle analysis and environmental product declarations exist, none use a verifiable, comparable, or widely adopted emissions reporting framework capable of sending supply chain signals.

To truly reform material supply chains, new solutions for markets, capital, and policy are required. COMET (the Coalition on Materials Emissions Transparency) – an alliance launched at Davos …

Legal History Repeats Itself On Climate Change: The Commerce Clause And Renewable Energy, Steven Ferrey

Suffolk University Law School Faculty Works

Discrimination and power: Federal courts found that some state renewable power laws violate the U.S. Constitution Commerce Clause by discriminating against out-of-state renewable energy. At stake is climate change and the near-term future of the Planet. After warned almost a decade ago about their Constitutional violation, which states conformed their laws as the Earth has warmed? This article analyzes which of 22 U.S. states flagged as to having potentially unconstitutional discriminatory renewable energy laws a decade ago have conformed their discriminatory renewable energy laws and which have allowed legal history to repeat itself?
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