A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports.,
2014
St. Mary's University
A Statute Overtaken By Time: The Need To Reinterpret Federal Rule Of Evidence 803(8)(A)(Iii) Governing The Admissibility Of Expert Opinions In Government Investigative Reports., Edward J. Imwinkelried
St. Mary's Law Journal
Abstract Forthcoming.
The Accommodation Doctrine Revisited: Implications In Law And In Policy.,
2014
St. Mary's University
The Accommodation Doctrine Revisited: Implications In Law And In Policy., Courtney R. Potter
St. Mary's Law Journal
Abstract Forthcoming.
Environment, Energy, And Resources Law,
2014
American University Washington College of Law
Environment, Energy, And Resources Law, Amanda Leiter
Contributions to Books
This chapter from The Year in Review, published by the ABA Section on Environment, Energy and Resources, covers developments during 2013 in the areas of standing, Commerce Clause, political question doctrine, preemption, takings, due process, First Amendment, Tenth Amendment, and state constitutional law.
Report Of The Nova Scotia Independent Panel On Hydraulic Fracturing,
2014
Department of Health and Wellness, Government of Nova Scoti
Report Of The Nova Scotia Independent Panel On Hydraulic Fracturing, Frank Atherton, Michael Bradfield, Kevin Christmas, Shawn Dalton, Maurice Dusseault, Graham Gagnon, Brad Hayes, Constance Macintosh, Ian Mauro, Ray Ritcey
Reports & Public Policy Documents
On August 28, 2013, the Province of Nova Scotia and the Nova Scotia Department of Energy signed an agreement with the Verschuren Centre for Sustainability in Energy and the Environment at Cape Breton University to conduct an external review on the environmental, socio-economic, and health impacts of hydraulic fracturing. Simultaneously, Dr. David Wheeler, President and Vice Chancellor of Cape Breton University, was asked to convene and Chair the review and expert panel on a voluntary and unpaid basis.1 The mandate for the review was to: create a panel of technical experts based on input from the public and hire technical …
Some Recurring Issues In Operating Agreements And What Aapl's Drafting Committee Might Do About Them,
2014
Southern Methodist University, Dedman School of Law
Some Recurring Issues In Operating Agreements And What Aapl's Drafting Committee Might Do About Them, John S. Lowe
Faculty Journal Articles and Book Chapters
The inherent inefficiency of reinventing the wheel for every drilling venture led to the development of the first American Association of Professional Landmen (AAPL) Form 610 Model Form Operating Agreement in 1956 (AAPL Form 610-1956). Revised forms followed in 1977, 1982, and 1989. The AAPL model forms have become the standard in the United States, and will be the focus of this chapter. The AAPL has begun the process of revising the AAPL Form 610-1989 Model Form Operating Agreement (AAPL Form 610-1989),19 and over the next couple of years everyone active in the industry likely will find themselves discussing what …
Flowback: Federal Regulation Of Wastewater From Hydraulic Fracturing,
2014
Southern Methodist University, Dedman School of Law
Flowback: Federal Regulation Of Wastewater From Hydraulic Fracturing, Jeffrey M. Gaba
Faculty Journal Articles and Book Chapters
Natural gas produced through hydraulic fracturing remains a critical, and controversial, component of U.S. energy production. A key environmental issue associated with fracking is the management and disposal of the enormous quantities of wastewater generated in the process.
Substantial federal authority exists to regulate fracking wastewater under the Resource Conservation and Recovery Act and the Clean Water Act. Regulation under RCRA, however, depends on classification of the wastewater as a RCRA “hazardous waste.” Although EPA has generally exempted oil and gas wastes, including fracking wastewater, from classification as a RCRA hazardous waste, it appears that fracking wastewater would not generally …
Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas,
2014
University of New Mexico - School of Law
Creatures Of Circumstance: Conflicts Over Local Government Regulation Of Oil And Gas, Alex Ritchie
Faculty Scholarship
Scholars periodically note the impending upsurge in local oil and gas regulation, offering various reasons for increased local action. Papers written only a few years ago attribute greater local action in the West to population growth, increased urbanization, and increased demand for energy. Consider, however, more recent phenomena. First, population migration from more liberal states to more traditionally conservative producing states likely plays a role, as new residents [11-4] bring perspectives opposing drilling activity. Second, while the suburbs continue to expand into the oil patch, the oil patch has expanded into the suburbs and urban areas as well. Hydraulic fracturing …
The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands,
2014
Brigham Young University Law School
The Tribes Must Regulate: Jurisdictional, Environmental, And Religious Considerations Of Hydraulic Fracturing On Tribal Lands, Szonja Ludvig
BYU Law Review
No abstract provided.
States Versus Tribes: The Problem Of Multiple Taxation Of Non-Indian Oil And Gas Leases On Indian Reservations,
2014
University of Oklahoma College of Law
States Versus Tribes: The Problem Of Multiple Taxation Of Non-Indian Oil And Gas Leases On Indian Reservations, Erin Marie Erhardt
American Indian Law Review
No abstract provided.
Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing,
2014
Vanderbilt University Law School
Fracking Secrets: The Limitations Of Trade Secret Protection In Hydraulic Fracturing, John Craven
Vanderbilt Journal of Entertainment & Technology Law
Hydraulic fracturing is a drilling technique used to increase resource production in which specially blended liquid mixtures are pumped into oil and gas wells under high pressure causing underground rock formations to crack and open up. Oil and gas companies have traditionally protected the composition of these proprietary liquids through state-level trade secret laws. Opponents of hydraulic fracturing have argued for federal regulation of the process and claimed that trade secret protection is simply a way for oil and gas companies to withhold the identity of the chemicals used. Oil and gas companies are at risk of losing the economic …
Deep In The Heart Of Texas: How Carbon Sequestration Will Affect Valuation Of The Subsurface.,
2014
St. Mary's University
Deep In The Heart Of Texas: How Carbon Sequestration Will Affect Valuation Of The Subsurface., Sarah Anne Lishman
St. Mary's Law Journal
Abstract Forthcoming.
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?,
2014
St. Mary's University
The Decline Of Civil Jury Trials: A Positive Development, Myth, Or The End Of Justice As We Now Know It?, Xavier Rodriguez
St. Mary's Law Journal
Jury participation is helpful in many respects. It fosters an understanding of the third branch of government and the workings of the judicial system. It offers the opportunity for individuals to serve in a unique role: neutral factfinder. Moreover, in an age of declining voter participation, jury service provides individuals with the opportunity to directly participate in our governmental structure. Despite these positive attributes, jury trials as we knew them are on the decline. That may or may not be problematic, depending on what types of cases are being impacted. Where parties have reached a voluntary and informed settlement on …
The Durability Of Private Claims To Public Property,
2014
Notre Dame Law School
The Durability Of Private Claims To Public Property, Bruce R. Huber
Journal Articles
Property rights and resource use are closely related. Scholarly inquiry about their relation, however, tends to emphasize private property arrangements while ignoring public property — property formally owned by government. The well-known tragedies of the commons and anticommons, for example, are generally analyzed with reference to the optimal form and degree of private ownership. But what about property owned by the state? The federal government alone owns nearly one-third of the land area of the United States. One could well ask: is there a tragedy associated with public property, too? If there is, here is what it might look like: …
A Critical Analysis Of Safety And Marine Environmental Protection Regulations For Oil And Gas Development In The High Seas,
2013
World Maritime University
A Critical Analysis Of Safety And Marine Environmental Protection Regulations For Oil And Gas Development In The High Seas, Masahiko Okubo
World Maritime University Dissertations
No abstract provided.
From Exploration Drilling To Decommissioning : Where Does Responsibility Lie For Regulating And Monitoring Offshore Oil Platforms In Liberian Waters?,
2013
World Maritime University
From Exploration Drilling To Decommissioning : Where Does Responsibility Lie For Regulating And Monitoring Offshore Oil Platforms In Liberian Waters?, Daniel Tarr
World Maritime University Dissertations
No abstract provided.
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh,
2013
Asia Research Institute, National University of Singapore
Social Engineering Through Shari’A: Islamic Law And State-Directed Da’Wa In Contemporary Aceh, R. Michael Feener
Indonesia Law Review
This study of the contemporary Islamic legal system in Aceh, Indonesia argues for new attention to be paid to the ways in which contemporary Muslim agendas for the implementation of Islamic law can be read as projects for future oriented social transformation—rather than as a series of reactive measures to perceived ‘crises of modernity’ and/or the political machinations of rival elites in contesting control of state power. In doing so it highlights the ways in which the ideals of, and institutional formations developed by, proponents of Islamic law are configured in relation to a broad range of non-Muslim modernist projects, …
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience,
2013
Seattle University School of Law
Filling In The Holes In Whistleblower Protection Systems: Lessons From The Hanford Council Experience, Jonathan Brock
Seattle Journal for Social Justice
No abstract provided.
Mining Contracts: How To Read And Understand Them,
2013
Columbia Law School
Mining Contracts: How To Read And Understand Them, International Senior Lawyers Project, Openoil, Revenue Watch Institute-Natural Resource Governance Institue, Vale Columbia Center On Sustainable International Investment
Columbia Center on Sustainable Investment Books
In December 2013, a diverse group of 14 experts from Africa, Asia, North and South America, and Europe worked together for five days to produce a user-friendly guide in English and in French on "Mining Contracts: How to Read and Understand Them," to help policy makers, civil society, citizens, and the media understand the often complex and opaque terms of mining contracts. With increasing calls for contract transparency – and the growing recognition of the importance of the terms of contracts for resource-rich countries – this book explains in layman’s terms the principal features of a contract, compares different approaches …
Leveraging Paraguay’S Hydropower For Sustainable Economic Development,
2013
Columbia Law School, Columbia Center on Sustainable Investment
Leveraging Paraguay’S Hydropower For Sustainable Economic Development, Perrine Toledano, Nicolas Maennling
Columbia Center on Sustainable Investment Staff Publications
While internationally Paraguay is known for being the largest hydropower exporter in the world, the domestic economy suffers from regular outages and high system losses. The country is largely dependent on agricultural production, which has led to volatile economic performances in the past resulting from climatic circumstances and commodity price fluctuations. To address these two key policy challenges, the Government of Paraguay has approached The Earth Institute to: 1) explore the potential of a climate risk management system and sustainable agriculture activities to mitigate environmental vulnerability and 2) develop a high-level strategic plan to use Paraguay’s vast hydropower resources for …
Moerman V. Prairie Rose Resources, Inc.,
2013
University of Montana School of Law
Moerman V. Prairie Rose Resources, Inc., Carolyn A. Sime
Public Land & Resources Law Review
No abstract provided.
