Natural Resources Law,
2015
University of Denver
Natural Resources Law, Jan G. Laitos, Sandra B. Zellmer
Sturm College of Law: Faculty Scholarship
This treatise is a thorough assessment of the important and growing field of natural resources law. It provides comprehensive coverage of the laws, policies, and decision-making processes pertinent to the "core "commodity natural resources - rangeland, timber, mineral resources, energy resources, and water. It also covers the management and protection of non-commodity resources, such as wildlife, wilderness, and other types of preservation and recreation lands. As an essential addition to any environmental, natural resources, or public lands library, the book puts natural resources law in context with a review of the National Environmental Policy Act, a history of natural resources …
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc,
2015
American University Washington College of Law
Clogging The Pipeline: Exploring The D.C. Circuit's Improper Segmentation Analysis In Delaware Riverkeeper Network V. Ferc, Mary-Kaitlin E. Rigney
American University Law Review
Technological advancement in drilling techniques, primarily hydraulic fracturing, has provided access to previously unreachable natural gas reserves. Much of this increase in natural gas production is derived from the Marcellus Shale, a shale formation that spans Ohio, Pennsylvania, West Virginia, and New York. This surge in natural gas production has prompted natural gas pipeline companies to upgrade their pipeline networks. Pipeline companies must apply for certificates of public convenience and necessity from the Federal Energy Regulatory Commission (FERC) and, if approved, perform an environmental evaluation, as required by the National Environmental Policy Act (NEPA). In examining the environmental impacts of …
Regulation Of Hydraulic Fracturing, 49 J. Marshall L. Rev. 271 (2015),
2015
UIC School of Law
Regulation Of Hydraulic Fracturing, 49 J. Marshall L. Rev. 271 (2015), David Callies
UIC Law Review
No abstract provided.
Illinois’S Hydraulic Fracturing Regulatory Act: A Successful Compromise, 49 J. Marshall L. Rev. 315 (2015),
2015
UIC School of Law
Illinois’S Hydraulic Fracturing Regulatory Act: A Successful Compromise, 49 J. Marshall L. Rev. 315 (2015), Jennifer Cassel
UIC Law Review
This article briefly discusses the history of legislative action and negotiations that led up to the negotiation and promulgation of the Illinois Hydraulic Fracturing Regulatory Act (the Act) in June 2013. It also summarizes and discusses numerous provisions in the Act that were of particular interest to environmental groups engaged in negotiating the Act, as well as the Act’s implementing regulations finalized in November 2014. Finally, it provides a brief discussion of the status of fracking activity in Illinois right now and a forecast for the near future.
The Role Of Natural Gas In The Clean Power Plan, 49 J. Marshall L. Rev. 325 (2015),
2015
UIC School of Law
The Role Of Natural Gas In The Clean Power Plan, 49 J. Marshall L. Rev. 325 (2015), Lincoln Davies, Victoria Luman
UIC Law Review
No abstract provided.
Asking The Right Questions About The Future Of Shale Gas, 49 J. Marshall L. Rev. 377 (2015),
2015
UIC School of Law
Asking The Right Questions About The Future Of Shale Gas, 49 J. Marshall L. Rev. 377 (2015), John Dernbach
UIC Law Review
No abstract provided.
Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015),
2015
UIC School of Law
Fracking: The Unconventional Energy Response To Climate Change: Implications For The Real Estate Industry, 49 J. Marshall L. Rev. 449 (2015), Celeste Hammond
UIC Law Review
No abstract provided.
Underbalanced Drilling: Can It Solve The Economic, Environmental And Regulatory Taking Problems Associated With Fracking? 49 J. Marshall L. Rev. 511 (2015),
2015
UIC School of Law
Underbalanced Drilling: Can It Solve The Economic, Environmental And Regulatory Taking Problems Associated With Fracking? 49 J. Marshall L. Rev. 511 (2015), Richard Roddewig, W. James Hughes
UIC Law Review
No abstract provided.
A Primer: Air And Water Environmental Quality Standards In The United State,
2015
Pace University School of Law
A Primer: Air And Water Environmental Quality Standards In The United State, Jason J. Czarnezki, Siu Tip Lam, Nadia B. Ahmad
Faculty Scholarship
No abstract provided.
Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale,
2015
University of Kentucky
Sustainable Finance - A Blueprint For Severance Taxes In The Marcellus Shale, Ryan Pulver
Kentucky Journal of Equine, Agriculture, & Natural Resources Law
No abstract provided.
The Posse Comitatus Act Of 1878 And The End Of Reconstruction.,
2015
St. Mary's University
The Posse Comitatus Act Of 1878 And The End Of Reconstruction., Andrew Buttaro
St. Mary's Law Journal
Abstract Forthcoming.
Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas.,
2015
St. Mary's University
Indemnification Agreements For Intentional Misconduct: Balancing Public Policy And Freedom To Contract In Texas., Meagan Mckeown
St. Mary's Law Journal
Abstract Forthcoming.
Anti-Herding Regulation,
2015
Yale Law School
Anti-Herding Regulation, Ian Ayres, Joshua Mitts
Faculty Scholarship
In some contexts, an individual’s choice to mimic the behavior of others, to join the herd, can increase systemic risk and retard the production of information. Herding can thus produce negative externalities. And in such situations, individuals by definition have insufficient incentives to separate from the herd. But the traditional regulatory response to externality problems is to impose across-the-board mandates. Command-and-control regulation tends to displace one pooling equilibrium by moving behavior to a new, mandated pool. Mortgage regulators, for example, might respond to an unregulated equilibrium where most homeowners start with 2% down by imposing a requirement that causes most …
Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions.,
2015
St. Mary's University
Call To The Texas Legislature: The Franchise Tax Needs Substansive Changes, Not Just Rate Reductions., Alyson Outenreath
St. Mary's Law Journal
Abstract Forthcoming.
Plenary Energy,
2015
University of Colorado Law School
Plenary Energy, Carla F. Fredericks
Publications
An incompatible relationship exists between the federal trust responsibility over Indian tribes and tribal sovereignty, the conflicting nature of which has been exacerbated by numerous judicial confirmations of the unbridled congressional plenary power over all tribal affairs. Nowhere is there more conflict between the trust responsibility and sovereignty than within the context of mineral resource development on tribal lands. The evolution of the regulatory framework of Indian mineral development can be viewed as a continuum, with maximum trust obligation and minimum tribal sovereignty on one extreme, and an inversion of these two variables on the other. There currently exists pending …
Breaking The Curse: A Multilayered Regulatory Approach,
2015
Indiana University Maurer School of Law
Breaking The Curse: A Multilayered Regulatory Approach, Hunter Dekoninck
Indiana Journal of Global Legal Studies
Eastern Africa has been plagued for generations with what Richard Auty considers 'The Resource Curse." This curse, translated into modern economic tragedies, is the exploitive extraction and use of precious minerals from Eastern Africa, specifically the Democratic Republic of the Congo (DRC). As a result of attempts to combat the international market that perpetuates this curse, Section 1502 of the Dodd-Frank Wall Street Reform Act, largely in response to human rights activism, passed into law a provision requiring companies to account to the Securities and Exchange Commission (SEC) for their use of certain listed foreign minerals. Although such regulation is …
Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015),
2015
UIC School of Law
Horizontal Drilling, Vertical Problems: Property Law Challenges From The Marcellus Shale Boom, 49 J. Marshall L. Rev. 413 (2015), Joshua Fershee, S. Alex Shay
UIC Law Review
No abstract provided.
Review Of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage By Penelope Simons And Audrey Macklin,
2015
Dalhousie University Schulich School of Law
Review Of The Governance Gap: Extractive Industries, Human Rights, And The Home State Advantage By Penelope Simons And Audrey Macklin, Sara Seck
Articles, Book Chapters, & Popular Press
The Governance Gap is a long-awaited contribution to the literature, advocating a stronger role for home state governments in the regulation of extractive companies operating abroad. Tis book arises from the experience of the authors as members of the Harker Commission on human security in the Sudan in the late 1990s.3 Written by Penelope Simons4 and Audrey Macklin,5 Te Governance Gap provides a detailed case study of Canadian company Talisman Energy Inc. and its operations in the Sudan between 1998 and 2003—a period during which the Sudan was “in the midst of a violent civil war” and Talisman was operating …
Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia,
2015
West Virginia University College of Law
Following New Lights: Critical Legal Research Strategies As A Spark For Law Reform In Appalachia, Nicholas F. Stump
American University Journal of Gender, Social Policy & the Law
The nascent “critical legal research” movement applies the constellation of critical theory to the American legal research regime. Work in this discourse has unpacked the means through which commercial print and online legal resources (e.g., Westlaw and Lexis) insidiously channel the efforts of legal researchers, essentially predetermining research outcomes. Although legal research is commonly conceived as a normatively neutral paradigm, such commercial homogenizing agents (paired with traditional methods of legal analysis) in fact reflect and perpetuate society’s dominant interests. As grounded in the existing literature, this Article outlines novel strategies that may together constitute one potential version of a critically …
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct,
2015
Columbia Law School, Columbia Center on Sustainable Development
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …
