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Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu 2023 Schulich School of Law, Dalhousie University

Big Oil Liability In Canada: Lessons From The Us And The Netherlands, David W-L Wu

Dalhousie Law Journal

The number of nuisance and negligence tort claims in the US against “Big Oil” companies have grown significantly in the last five years. The Netherlands case of Milieudefensie et al v Royal Dutch Shell represents the first major success of such a claim internationally. While the US cases and Milieudefensie demonstrate starkly different approaches as to how to seek accountability from Big Oil for climate change harms, the increasing judicial engagement on these issues may mean the time is right for similar lawsuits in Canada. Three Canadian common law causes of action are examined: nuisance, negligence, and unjust enrichment. Defences …


Table Of Contents, Seattle University Law Review 2023 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy 2023 University of Maryland Law School

Free, Prior Informed Consent And Extractive Industry: Indigenous Action Is The Past, Present, And Future Of Global Environmental Justice, Paige Bellamy

Environmental and Earth Law Journal (EELJ)

Free, Prior Informed Consent ("FPIC") from the UN Declaration on the Rights of Indigenous Peoples has been central to global Indigenous action against extractive industries’ harmful practices. Yet, it is often not fully recognized as a sovereign right, which hinders Indigenous peoples’ ability to use it to its full potential. Historically, FPIC has been deemed a consultation right, not a right to “veto” industry action on Indigenous land. Countries that have interpreted FPIC as a mere consultation right have allowed further exploitation of Indigenous peoples, usually leading to environmental and humanitarian disasters. However, when courts have respected the right to …


Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston 2023 Barry University School of Law

Soaps And Shampoos: Proposals To Reform Regulation In The United States Personal Care Market To Decrease Deforestation From Palm Oil Imports, Kelsey Weston

Environmental and Earth Law Journal (EELJ)

Palm oil is the world's most highly sought-after vegetable oil due to its multifaceted uses and cheap cost of production. However, producing this versatile oil comes at a high cost to one of the largest biodiversity on the planet. Over the last two centuries, Indonesia and Malaysia have become the main producers and exporters of palm oil but they are also home to the largest number of mammal species in the world that have seen a staggering decline in populations. Furthermore, palm oil production has caused excessive release of greenhouse gases, increased disruption of forestland, and economic poverty for smallholders …


Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca McReynolds 2023 Barry University School of Law

Nuclear Powered International Commercial Shipping: A Note On The Greenest Solution And The Challenges Of International Regulation, Rebecca Mcreynolds

Environmental and Earth Law Journal (EELJ)

To meet the environmental demands imposed by the International Maritime Organization, the commercial shipping industry’s use of predominantly marine diesel fuel will need to change drastically. Current answers to these environmental concerns include the use of biofuels, battery packs, and liquified natural gas, but these are short-term solutions that will not fully meet environmental demands in the long run. Nuclear propulsion, however, is a tried-and-true resolution. The use of nuclear energy results in virtually no environmental impact and has successfully been used by the US Navy for the past 75 years. Unfortunately, the commercial use of nuclear propulsion is stalled …


Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald 2023 Barry University School of Law

Reversing Quiet Destruction: Florida's Attempt To Regulate Pfas Known As Forever Chemicals, A. Colleen Donald

Environmental and Earth Law Journal (EELJ)

Introduced by manufacturing companies in the 1940s, Per-and polyfluorinated substances (“PFAS”) which consist of a group of over 6,000 chemicals, have insidiously made their way into the bloodstream of humans and into the environment. These nearly indestructible, “forever chemicals” that were once thought to be safe for use in firefighting foams, cosmetics, food packaging, non-stick cookware, and water-resistant clothing, are now found to be toxic. PFAS have been found in animals, aquatic life, and natural resources, and are associated with illnesses in humans: PFAS have been linked to various cancers, reproductive issues in women, and birth defects in children. As …


Impact Of The 45q Tax Credit On The Ownership Of Pore Spaces, Quinn Taylor 2023 University of Oklahoma College of Law

Impact Of The 45q Tax Credit On The Ownership Of Pore Spaces, Quinn Taylor

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Arc Of The Implied Covenant: An Analysis Of The Modern Implied Covenant To Reasonably Develop The Lease Premises, Samuel Skupin 2023 University of Oklahoma College of Law

The Arc Of The Implied Covenant: An Analysis Of The Modern Implied Covenant To Reasonably Develop The Lease Premises, Samuel Skupin

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Corporate Criminal Consequences Of The Deepwater Horizon Disaster, Charles Phillips 2023 University of Oklahoma College of Law

Corporate Criminal Consequences Of The Deepwater Horizon Disaster, Charles Phillips

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Montana “2.0” Test For Tribal Civil Adjudicatory Jurisdiction: A Grain Of Rights, Rosemary Mahaffey 2023 University of Oklahoma College of Law

The Montana “2.0” Test For Tribal Civil Adjudicatory Jurisdiction: A Grain Of Rights, Rosemary Mahaffey

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Why “Go Green” When You Can Stay Sooner Red?: An Analysis Of Oklahoma’S Energy Discrimination Act Of 2022, Shivani Lalloo 2023 University of Oklahoma College of Law

Why “Go Green” When You Can Stay Sooner Red?: An Analysis Of Oklahoma’S Energy Discrimination Act Of 2022, Shivani Lalloo

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


To Clear The Air: Tennessee Gas Pipeline Company And Evolving National Acceptance Of Rsg Certification Standards, Grasyn Fuller 2023 University of Oklahoma College of Law

To Clear The Air: Tennessee Gas Pipeline Company And Evolving National Acceptance Of Rsg Certification Standards, Grasyn Fuller

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Editor's Introduction & Front Pages, Kelsey Lauerman 2023 University of Oklahoma College of Law

Editor's Introduction & Front Pages, Kelsey Lauerman

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Climate Change And The Courts: Balancing Stewardship And Restraint, Susan Glazebrook 2023 Duke Law

Climate Change And The Courts: Balancing Stewardship And Restraint, Susan Glazebrook

Judicature International

No abstract provided.


Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos 2023 Bina Nusantara University

Safeguarding Sovereignty: Indonesia's Solution To The Raw Materials Case In Wto, Muhammad Reza Syariffudin Zaki, Muhammad Haykal Armanto, Rafsi Azzam Hibatullah Albar, Stefan Koos

Indonesian Journal of International Law

Indonesia’s export restriction on raw materials was based upon Law No. 4 of 2009 on Mineral and Coal Mining as amended with Law No. 3 of 2020. January 1st of 2020 marks nickel to be the first mineral to be affected by the raw mineral export ban policy. This measure has sparked a controversy in the international community, as the European Union deemed that this measure is against the principles of the World Trade Organization of nonrestrictive trade policies. This phenomenon was brought to the Dispute Settlement Body of the WTO as DS592 – Indonesia Measures Relating to Raw …


Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley 2023 DePaul University College of Law

Federal Data Privacy Regulation: Do Not Expect An American Gdpr, Matt Buckley

DePaul Business & Commercial Law Journal

No abstract provided.


Welcome Address, Lauren McKenzie 2023 DePaul University

Welcome Address, Lauren Mckenzie

DePaul Business & Commercial Law Journal

No abstract provided.


Front Matter, 2023 DePaul University

Front Matter

DePaul Business & Commercial Law Journal

No abstract provided.


Decommissioning Liability At The End Of Offshore Oil And Gas: A Review Of International Obligations, National Laws, And Contractual Approaches In Ten Jurisdictions, Martin Lockman, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres 2023 Columbia Law School, Sabin Center for Climate Change Law

Decommissioning Liability At The End Of Offshore Oil And Gas: A Review Of International Obligations, National Laws, And Contractual Approaches In Ten Jurisdictions, Martin Lockman, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres

Sabin Center for Climate Change Law

Offshore oil and gas infrastructure faces an existential threat: the increasingly pressing need to address the climate emergency. The Intergovernmental Panel on Climate Change projects that GHG emissions from existing and planned fossil fuel infrastructure will push global warming past the Paris Agreement’s 1.5°C threshold, and more detailed projections estimate that “nearly 60 per cent of oil and fossil methane gas ... must remain unextracted to keep within a 1.5 °C carbon budget.” The growing urgency of climate action, coupled with the increasing adoption of renewable energy systems and energy-efficient technologies, may strand thousands of offshore oil and gas installations …


Provisions On Liability For Decommissioning Upstream Offshore Oil And Gas Infrastructure In Investor–State Contracts, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres 2023 Columbia Law School, Columbia Center on Sustainable Investment

Provisions On Liability For Decommissioning Upstream Offshore Oil And Gas Infrastructure In Investor–State Contracts, Martin Dietrich Brauch, Esteban F. Fresno Rodríguez, José Luis Gallardo Torres

Columbia Center on Sustainable Investment

Offshore oil and gas operations are inherently hazardous to the environment, posing environmental risks and impacts throughout all stages of the operations: exploration, development, production, and decommissioning. Offshore decommissioning consists of the process of planning, funding, and implementing measures aimed at safely closing, repurposing, or removing the infrastructure and equipment used in the exploration and production of oil and gas in the marine environment, and at mitigating their impacts. It encompasses a series of activities, including the safe plugging and closure of wells, the removal of equipment and pipelines, the repurposing of platforms, the disposal of non-usable materials and potentially …


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