Natural Resources Law Commons^™

Congress Invests In A New Generation: The Future Of Commercial Fishing Is Supported By The Implementation Of The Young Fishermen’S Development Act, Shayla Alltop

Environmental and Earth Law Journal (EELJ)

This note speaks to the importance and potential impact of the Young Fishermen’s Development Act. This ongoing, historical legislation, ultimately signed into law on January 5, 2021, will establish funds over several fiscal years to support the future of commercial fishing. The Alaska and New England regions are discussed briefly to show the significance of the commercial fishing industry to those areas. An overview of the Act is provided, and the context for its need is explained as it relates to the industry’s entrants. Further, the phenomenon known as “graying of the fleet” is examined, as well as some of …

Flint, Michigan Drinking Water Crisis, J. David Aiken

Cornhusker Economics

Briefly covers the Flint, Michigan drinking water crisis including providing some background, a timeline of events, and key takeaways from the perspective of public policy.

This article was originally prepared for distribution to students in Aiken's AECN 357 environmental and natural resources law course.

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado Pérez

Northwestern University Law Review

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting …

Opening The Underground Floodgates: Mississippi V. Tennessee And The Doctrine Of Equitable Apportionment, Patric J. Friend

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Batteries + Storage: The Implications Of Integrating A Battery Energy Storage System Into Renewable Energy Power Purchase Agreements, Amandeep Kaur

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Houston, We Have A Market Design Problem: Why The Legislative Response To Winter Storm Uri Does Not Yet Develop A More Efficient Market Mechanism To Ensure Reliability, Jillian Marie Borreson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Analysis: The Oil Pollution Act Of 1990, Michael Atkins

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.

Cross-Jurisdiction Unitization Agreements: A Legal Solution To The Issue Of Cross- Jurisdiction Petroleum Reserves Between Iran And Iraq, Nawzad Mirali Yasin

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.

Scotus Invalidates Obama Clean Power Plan, J. David Aiken

Cornhusker Economics

On June 30, 2022, the Supreme Court of the United States (SCOTUS) ruled in the case of West Virginia v. EPA that the US Environmental Protection Agency (EPA) could not implement the 2016 Obama administration Clean Power Plan (CPP). This article briefly discusses the CPP, the CPP litigation, the Court's opinion in West Virginia v. EPA, and what the decision means for Biden administration climate policy.

Ownership Concentration: Lessons From Natural Resources, Vanessa Casado-Pérez

Faculty Scholarship

Concentration of ownership over land or other resources is both a sign and a cause of inequality. Concentration of ownership makes access to such resources difficult for those less powerful, and it can have negative effects on local communities that benefit from a more distributed ownership pattern. Such concentration goes against the antimonopoly principles behind the homesteading land policies and the legal regimes that regulate many natural resources. This Essay suggests that where concentration is a concern, one might draw lessons for reform by looking to the field of natural resources law, which employs a range of deconcentration mechanisms affecting …

Current Challenges In The Rio Grande/Río Bravo Basin: Old Disputes In A New Century, Regina M. Buono, Gabriel Eckstein

Faculty Scholarship

The Rio Grande River traverses 2000 kilometres of the international border between Mexico and the United States. The river and its tributaries are governed by a series of border treaties and institutions, as well as under the domestic laws of each nation. Often lauded for enabling innovative and collaborative governance, in recent years the complicated regime has come under pressure as domestic and international water governance institutions struggle under the strain of climate change, population growth, and other stressors on water supply and demand in the region. This chapter considers three of the major challenges currently facing the Rio Grande …

Affirmative Policy Sebagai Bentuk Diskriminasi Positif Dalam Perolehan Hak Milik Atas Tanah Bagi Warga Negara Indonesia Keturunan Nonpribumi Di Daerah Istimewa Yogyakarta, Fachriza C. Limuris

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The privileges of the Special Region of Yogyakarta which are affirmed in Law Number 13 of 2012 directly give authority over land matters. The problem that occurs is that it is not possible for Indonesian citizens of non-indigenous descent to obtain land ownership rights based on the Instruction of the Head of the DIY Region Number K.898/I/A/1975 regarding the Uniform Policy on the Granting of Land Rights to a non-Indigenous Indonesian citizen. This study aims to determine the ownership of land rights in Yogyakarta in terms of history, then to examine the concept of justice related to land ownership rights …

Killing Rarity, Shahrokh Falati

Articles & Chapters

On May 22, 2019, Botswana decided after many years to lift its ban on hunting elephants and in February 2020 held its first auctions for the right to hunt elephants. This turnaround change in their law coincides with a rapidly changing legal landscape in the United States related to the practice of trophy hunting of rare, intelligent animals, including elephants. This Article analyzes the fluid legal landscape surrounding this uncommon form of hunting of rare animals and possible ways of using the Administrative Procedures Act and the Federal Advisory Committee Act as a means of challenging the government’s rapidly changing …

Appeal No. 0997: Awms Water Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-97 (AWMS #2 well)

Implementasi Akomodasi Yang Layak Bagi Penyandang Disabilitas Dalam Proses Penyidikan Di Kepolisian Kabupaten Sleman, Rosa Pijar Cahya Devi, Ignatius Loyola Iswaradatta Prasetio

Jurnal Hukum & Pembangunan

Indonesia is a country that upholds human rights. The manifestation of Indonesia's commitment to supporting human rights is to provide equal opportunities for every citizen to access justice. To provide fair treatment so that every citizen can access justice, Indonesia provides affirmative discrimination to vulnerable groups through laws and regulations. One of affirmative discrimination is provided to groups with disabilities. Through Government Regulation No. 39 of 2020 on Procedural Accommodation for Persons with Disabilities in the Judicial Process, Indonesia regulates what rights must be given to persons with disabilities to be able to participate in any judicial process based on …

Implementasi Pasar Modal Syariah: Fenomena Saham Syariah Sebagai Isu Kapitalisasi Halal Di Indonesia, Afifatul Munawiroh, Rumawi Rumawi

Jurnal Hukum & Pembangunan

This article is a research-based in a study library reseacrh. The theme raised in this study is Sharia Stocks as an Issue of Halal Capitalization in Indonesia. Sharia stocks are investments in the capital market which are based on Islamic-based rules. Investors in Islamic stocks are not only from Muslims but, non-Muslims can also invest in sharia shares. There are three important questions in this research. First, what is meant by Islamic stocks? Second, how the interaction of investors on Islamic stocks so that it becomes a national capitalization issue? Third, what is the implications of Islamic stocks as a …

Kebijakan Pelaksanaan Paten Pemerintah Untuk Produk Obat Dan Vaksin: Diskursus Sistem Pelindungan Kekayaan Intelektual Dalam Perdagangan Internasional, Suyud Margono

Jurnal Hukum & Pembangunan

Intellectual Property Protection system has contradiction with the Government's use of Patent Implementation Policy for Pharmaceutical Products, Medicines and Vaccines occurs in addition to the increasing need for Medicines and vaccines in the Covid-19 pandemic situation, due to the provisions of the Trade Related Aspect of Intellectual Property Rights (TRIPs) Agreement in International trade has become a legal instrument that makes intellectual property exclusively. Identification of this research problem among others: What should be the Exploitation and Protection Policies for Inventions of Vaccine Patent Products so that there are no contradictions in the Intellectual Property Rights (IPR) System for International …

Pusaran Konflik Agraria Dan Model Resolusi Konflik Berbasis Keadilan Restoratif, Nurnaningsih Nurnaningsih

Jurnal Hukum & Pembangunan

Land acquisition for public purposes does not really provide a solution for the National Strategic Project (PSN). Many land conflicts continue to occur as a result of this. The construction of the Bener Dam in Wadas Village, Bener District, Purworejo Regency, Central Java Province is one of the conflicts over the PSN. For that we need a solution that guarantees justice and legal protection for the people in Indonesia.

Evaluasi Pelaksanaan Peradilan Daring Di Pengadilan Agama Jakarta Selatan Untuk Mengoptimalisasi Penyelesaian Perkara Perceraian Selama Pandemi Covid-19, Heru Susetyo, Satrio Alif Febriyanto, Rosalinda Estevani Kardinal

Jurnal Hukum & Pembangunan

To facilitate judicial process implementation during the COVID-19 Pandemic, courts can be conducted online. Besides preventing mass gatherings that avoid during the COVID-19 Pandemic, online courts also have other benefits to shortening time and saving court costs. The study of online justice application at the South Jakarta Religious Courts aims to find out online justice application in the divorce cases settlement with the final result of an online justice application evaluation in the divorce cases settlement during the COVID-19 Pandemic that can be used as evaluation material for stakeholders so that online courts can conduct better in the future. The …