Natural Resources Law Commons^™

Alabama, Florida, Georgia, And Tennessee, Brandt P. Hill, Hugh Gainer

Texas A&M Journal of Property Law

There were no decisions by federal or state courts in Alabama, Florida, Georgia, or Tennessee between fall 2020 and fall 2021 directly relevant to oil and gas companies or operations. However, there were several decisions that may nonetheless be of interest to the industry, including two opinions by the United States Supreme Court in water-rights cases. We discuss these opinions below.

Appalachian Basin–Pennsylvania, West Virginia, And Ohio–Oil And Gas Law Developments, Ross H. Pifer, Chloe J. Marie

Texas A&M Journal of Property Law

This article addresses oil and gas case law developments that have occurred within the Appalachian Basin’s primary oil and gas producing states of Pennsylvania, West Virginia, and Ohio during 2021 by reviewing opinions issued by the highest appellate courts within each of these three states. The oil and gas law topics addressed by these state supreme courts during 2021 have ranged from those occurring upstream, such as leasing, to those occurring downstream, such as approval of a utility rate increase for the extension of a natural gas pipeline.

New Mexico, Sharon T. Shaheen

Texas A&M Journal of Property Law

This Article examines significant developments in New Mexico oil and gas law.

Northern Rocky Mountain Region: Montana, Wyoming, And Idaho, Stephen R. Brown

Texas A&M Journal of Property Law

This Article examines significant developments in oil and gas law for the Northern Rocky Mountain Region, including Montana, Wyoming, and Idaho.

Perspective On Wildgrass Oil & Gas Committee V. Colorado Oil & Gas Conservation Commission And The Embracing Of Associated Standing, Ralph A. Cantafio, Miles C. Nowak, Cody J. Watson

Texas A&M Journal of Property Law

The ongoing litigations between the Wildgrass Oil & Gas Committee (“Wildgrass”) and, among others, the Colorado Oil & Gas Conservation Commission (“COGCC”) serve as a microcosm of the political and legal horizons that define the microscope used to examine Colorado oil and gas development. This set of litigations began administratively with the application for permits before the COGCC and, over the passage of time, weaved its way through the District Court of the City and County of Denver (the “State District Court”), the United States District Court for the District of Colorado (the “Federal District Court”), the Colorado Court of …

Louisiana, Keith B. Hall

Texas A&M Journal of Property Law

This article examines significant developments in Louisiana oil and gas law during 2021, beginning with developments arising from court cases, then legislation, and finally regulations.

Texas: Survey Of Selected 2021 Oil And Gas Cases And Statutes, William D. Farrar

Texas A&M Journal of Property Law

The Texas Supreme Court was quite active in 2021, issuing several oil and gas opinions; however, two were quite controversial, drawing numerous amicus curie from industry groups, oil and gas attorneys, and academia. In Concho Resources, Inc. v Ellison, the court held that a subsequently executed, inconsistent instrument, even without words of grant, may divest a record mineral title. And, in Broadway National Bank v. Yates Energy Corp., the court held that prior title holders may divest a current record title holder of their title by executing a correction deed without the joinder of, or notice to, the …

China’S Iuu Fishing Fleet: Pariah Of The World’S Oceans, Raul (Pete) Pedrozo

International Law Studies

The leading global maritime security threat today is illegal, unreported, and unregulated (IUU) fishing. Left unchecked, IUU fishing exacerbates the depletion of fish stocks, thereby contributing to global geo-political instability by increasing tension among competing distant water fishing fleets, threatening the sustainability of coastal States’ fisheries, and damaging fragile ecosystems. This article reviews the regulatory framework applicable to IUU fishing. It then discusses China’s predatory fishing practices in various regions of the world. The article then examines the principle of exclusive flag State jurisdiction on the high seas and suggests that Chinese distant water fishing vessels that change their name …

Groundwater Laws And Regulations: Survey Of Sixteen U.S. States, Abigail Adkins, Jack Beasley, Rebekah Bratcher, Justin Cias, Jackson Field, Ian Gaunt, Ashley Graves, Merrick Hayashi, Jenna Lusk, Matthew Maslanka, Erin Milliken, Connor Pabich, Margaret Reed, A. Wesley Remschel, Lauren Thomas, Ashley Wilde

EENRS Program Reports & Publications

This report is the second volume in a continuing project designed to explore and articulate the groundwater laws and regulations of all fifty U.S. states. This particular report presents surveys for sixteen states throughout the country. The first volume featured thirteen state surveys and can be found at: http://www.law.tamu.edu/usgroundwaterlaws.

The purpose of the project is to compile and present the groundwater laws and regulations of every state in the United States that could then be used in a series of comparisons of groundwater governance principles, strategies, issues, and challenges. Professor Gabriel Eckstein at Texas A&M University School of Law and …

Appeal No. 1009: William Woolf V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-69; Mountz West CL HAN Unit (EAP Ohio, LLC)

Everything Is Bigger In Texas, Including The Need To Incentivize And Implement Innovative Decentralized Wastewater Treatment Systems As A Method Of Water Reuse, Haley Varnadoe

Student Scholarship

Texas will need to adapt to a drier climate and reduced water supplyin the 21st centuiyas the negative hydological effects ofclimnate change continue. Rising temperatures will accelerate evaporation of surface water resources, which in turn both increases rehance on depletable groundwater resources and decreases the amount of surface water available for aquifer rechaige. As a result, Texans who rely on either groundwater or suiface water to meet their domestic water needs-particularlyt hose in rurala id regions-mays uffer as both quantities decrease in the coming decades. The practice ofdomestic water reuse presents one solution to a decreasing water supply by safely …

Transboundary Aquifers, Raya Marina Stephan, Alice Aureli, Aurélien Dumont, Annukka Lipponen, Sarah Tiefenauer-Linardon, Christina Fraser, Alfonso Rivera, Shammy Puri, Stefano Burchi, Gabriel Eckstein, Christian Brethaut, Ziad Khayat, Karen Villholth, Lesha Witmer, Renee Martin-Nagle, Anita Milman, Francesco Sindico, James Dalton

Faculty Scholarship

This chapter gives an overview of the status of transboundary aquifers and the cooperation related to shared groundwater resources, highlighting the complexity of the assessment, analysis and management of these systems. It summarizes the main challenges regarding transboundary aquifers and the need for more comprehensive and integrated management, which would include technical, legal and organizational aspects as well as training and cooperation.

Groundwater Policy And Planning, Jenny Grönwall, Marianne Kjellén, Gabriel Eckstein, Kerstin Danert, Lesha Witmer, Rebecca Welling, Viviana Re, Katharina Davis, Lulu Zhang

Faculty Scholarship

Groundwater policy defines objectives, ambitions and priorities for managing groundwater resources, for the benefit of society. Planning translates policy into programmes of action. Both are often part of a wider water resource policy and planning framework, but the specific challenges pertaining to groundwater have traditionally received less attention than surface water.

The terms ‘policy,’ ‘strategy’ and ‘plans’ are used interchangeably in many countries and contexts.

Legal And Other Institutional Aspects Of Groundwater Governance, Jenny Grönwall, Marianne Kjellén, Alice Aureli, Stefano Burchi, Mohamed Bazza, Raya Marina Stephan, Gabriel Eckstein, Lesha Witmer, Margreet Zwarteveen, Aurélien Dumont, Danielle Gaillar-Picher, Rio Hada, Rebecca Welling, Maki Tsujimura

Faculty Scholarship

This chapter defines the linked concepts of groundwater governance and groundwater management, explaining how they differ from each other. Then, it describes the prevailing legal instruments for, and the institutional aspects of, groundwater management and governance.

Inclusion Of Incentive And Punitive Measures In Multilateral Environmental Agreement: A Suggestion On How The United Nations Framework Convention On Climate Change Can Be Utilized To Influence The Reduction Of Gas Flaring In The Oil And Gas Exploration Fields Of Nigeria, Temiloluwa Elijah Olanrewaju

Dissertations & Theses

Gas flaring is categorized as one of the important contributors to greenhouse gases, which increases the risk of global warming and climate change. The overdependence of the modern economy and most industrial technologies on fossil fuels has created a situation in countries where fossil fuels are exploited. The governments rely majorly on the revenue from exporting oil. The IOCs that are engaged in the mining of oil and gas have been able to influence policy and law enforcement on gas flaring to such an extent that the National laws are not enforced, or the stipulated fines are abysmally low that …

Moralitas Publik Sebagai Dasar Pembenar Terhadap Kewajiban Sertifikasi Halal Produk Makanan Di Indonesia Berdasarkan Gatt-Wto 1994, Neni Ruhaeni, Eka An Aqimuddin, Hadian Afriyadi

Jurnal Hukum & Pembangunan

In principle, World Trade Organization (WTO) prohibit each member states to make policy, both tarrif and non tarrif, which potentially disturb international trade. Nevertheless, there are exceptions that can be used by the state as a basis for justification to hold trade policy which consider contratry to WTO law. One of them is to protect public morality. The Halal Product Assurance Act (UUJPH) stipulate obligation of halal certification for food products that enter, circulate and trade in Indonesia. This act is considered as a protective and discriminatory policy. This research founds that although some provisions in UUJPH are discriminatory and …

Telemedicine (Online Medical Services) Dalam Era New Normal Ditinjau Berdasarkan Hukum Kesehatan (Studi: Program Telemedicine Indonesia/Temenin Di Rumah Sakit Dr. Cipto Mangunkusumo), Wahyu Andrianto, Amira Budi Athira

Jurnal Hukum & Pembangunan

Health is an important basis for the continuity of human life. Every human being has the right to have access to safe, quality, and affordable health services. However, in reality health services in Indonesia still have several obstacles, for examples the lack of health care for remote areas which is hindered by distance and time. Especially during the Corona Virus Disease 2019 (COVID-19) pandemic, a solution is needed to serve public health without violating the regulations that enforce Large-Scale Social Restrictions (PSBB) to prevent the spread of the virus. For this reason, one of the efforts that can be carried …

Hambatan Dan Prospek Hukum Penyelenggaraan Jasa Notaris Secara Elektronik Di Indonesia Memasuki Era Society 5.0, Muhammad Ricky Ilham Chalid

Jurnal Hukum & Pembangunan

The development of technology, information and communication in the era of society 5.0 makes notaries have to be able to keep up with their ability to provide the best legal services, the best solution for notaries in facing the challenges of changing times is to implement cyber notaries and remote notaries, but this is not immune from the clash of the Indonesian legal system. Things that need to be considered are the reasons why Indonesia has not implemented it, such as the suitability of the application of long distance notaries and cyber notaries from common law to the Indonesian legal …

Analisis Yuridis Sanksi Pidana Pelanggaran Pasal 281 Jo 77 Ayat (1) Undang Undang Nomor 22 Tahun 2009 Tentang Lalu Lintas Dan Angkutan Jalan Di Wilayah Hukum Polres Serang Kota, Januar Alihamzah, Benny Irawan, Dadang Herli

Jurnal Hukum & Pembangunan

Law Number 22 Year 2009 concerning Road Traffic and Transportation (LLAJ Law) explains that traffic order and road transportation is a traffic condition that takes place regularly with the rights and obligations of every road user. Every motorized vehicle driver is required to have a driving license (SIM) in accordance with the provisions of Article 77 paragraph (1) of the LLAJ Law. The fact that happened in the jurisdiction of the Serang Kota Police, there were 156 cases of violations of Article 77 paragraph (1) of the LLAJ Law which were decided by the Serang District Court with fines whose …

Pembaruan Hukum Perlindungan Hak Atas Kesehatan Reproduksi Perempuan Di Indonesia, Aulia Nabila, Yunita Desmawati

Jurnal Hukum & Pembangunan

The right to reproductive health is a part of the human rights regime that must be guaranteed by states. Provisions of women’s right to reproductive health in Indonesia are found separately in various legal instruments. However, the regulations are not comprehensive, vague, and gender-biased. Using human rights and feminist perspective, this article analyses the issues relating to women’s right to reproductive health in statutes and other legal instruments, as well as formulates a concept of revision of the law of women’s right to reproductive health. This article concludes that regulations regarding women’s right to reproductive health contain provisions that are …