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The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres 2013 University of Illinois College of Agricultural, Consumer and Environmental Sciences

The Legal Profession’S Critical Role In Systems-Level Bioenergy Decision-Making, Jody M. Endres

Pace Environmental Law Review

Law as a discipline thus must seek greater prominence in the raging debates on the efficacy of modeling as a bioenergy policy driver. To ultimately determine law’s proper role, Part II of my article first assesses the universe of key economic and lifecycle models used in current bioenergy policy initiatives, as well as the models deployed in general environmental decision-making that could affect the siting and operation of biomass cropping and bioenergy facilities. Part III then dissects these models to uncover the multiple ways in which law can improve models both structurally and procedurally to achieve greater accuracy. The conclusion …


Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk 2013 Daniels College of Business, University of Denver

Carbon Tax With Reinvestment Trumps Cap-And-Trade, Stephen Sewalk

Pace Environmental Law Review

Part I of this paper reviews the current opinion surrounding carbon tax proposals as they appear in the literature. Part II will provide an overview of the current cap-and-trade proposals. Part III will introduce a carbon tax with reinvestment. Part IV of this article reviews the leading proposals arguing that a carbon tax is superior to cap-and-trade. And finally, for Part V explains why a carbon tax with reinvestment trumps cap-and-trade.


Environmental Law Confronts The New Industrial Revolution, Leslie Carothers 2013 Pace University School of Law

Environmental Law Confronts The New Industrial Revolution, Leslie Carothers

Pace Environmental Law Review

This issue of the Pace Environmental Law Review presents a set of articles to shed new light on those questions in the case of the products of nanotechnology. For comparison, the issue also includes an article on the regulation of genetically modified organisms in agriculture in the United States and Brazil, an early effort to govern the risks of a major new technology.


Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards 2013 Pepperdine University

Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission 2013 Case Western Reserve University School of Law

Appeal No. 0837: Donald & Paula Wayt V. Division Of Oil & Gas Resources Management And Ohio Valley Energy Systems, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Permit Issuance; Ohio Valley Energy Systems; Grindley #1 Well


Agenda: Water, Oil And Gas 101, University of Colorado Boulder. Getches-Wilkinson Center for Natural Resources, Energy, and the Environment. Intermountain Oil and Gas BMP Project, Rocky Mountain Land Use Institute, Sturm College of Law, University of Denver, Colorado Bar Association CLE, White & Jankowski, LLP 2013 University of Colorado Law School

Agenda: Water, Oil And Gas 101, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment. Intermountain Oil And Gas Bmp Project, Rocky Mountain Land Use Institute, Sturm College Of Law, University Of Denver, Colorado Bar Association Cle, White & Jankowski, Llp

Water, Oil and Gas 101 (April 10)

Program co-chairs: Sarah Klahn, Matthew Sura; planning committee: Susan Daggett, Kathryn Mutz.

This full-day program, cosponsored by the Rocky Mountain Land Use Institute (Sturm College of Law, University of Denver), the Colorado Bar Association CLE, and White & Jankowski, LLP, was the first of a 3-part series focusing on water, oil and gas issues of critical interest in Colorado.

The first program provided an overview of the pertinent law and issues generated when the water, oil and gas industries interact; and addressed water quality concerns and the purchasing of water from municipalities for hydraulic fracturing and drilling. Program #2 is …


Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2013 Case Western Reserve University School of Law

Appeal No. 0846: Frederick Petroleum V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2012-22


A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie 2013 West Virginia University

A Fresh Look At An Old Tort: Litigating Slander Of Title In Mineral Disputes, J. Zak Ritchie

West Virginia Law Review

No abstract provided.


A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos 2013 K&L Gates LLP

A Review Of The Implied Covenant Of Development In The Shale Gas Era, George A. Bibkos

West Virginia Law Review

No abstract provided.


Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis 2013 Steptoe & Johnson PLLC

Viability Of Arbitration Clauses In West Virginia Oil And Gas Leases: It Is All About The Lease!!!, Phillip T. Glyptis

West Virginia Law Review

No abstract provided.


Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer 2013 West Virginia University

Significant And Substantial: The History And Continuing Evolution Of One Of The Mine Safety And Health Administration's Principal Enforcement Tools, Maxwell Multer

West Virginia Law Review

The cornerstone of the graduated enforcement scheme enacted to ensure safety in America's mines, significant and substantial has long been one of the Mine Safety and Health Administration's principal enforcement tools. In the 1969 Federal Coal Mine Health and Safety Act, Congress mandated that when a federal mine inspector issues a citation for a violation of a mandatory health or safety standard, the inspector must indicate whether the violation is one that "could significantly and substantially contribute to the cause and effect of a mine safety or health hazard." While Congress provided minimal guidance as to what it intended and …


Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto 2013 West Virginia University

Upstream Oil And Gas Legal Frameworks: Brazil And The United States Compared, Gabriela Engler Pinto

West Virginia Law Review

No abstract provided.


An Energy And Sustainability Roadmap For West Virginia, James M. Van Nostrand 2013 West Virginia University College of Law

An Energy And Sustainability Roadmap For West Virginia, James M. Van Nostrand

West Virginia Law Review

No abstract provided.


Community Equity Participation In African Petroleum Ventures: Path To Economic Growth, Emeka Duruigbo 2013 North Carolina Central University School of Law

Community Equity Participation In African Petroleum Ventures: Path To Economic Growth, Emeka Duruigbo

North Carolina Central Law Review

No abstract provided.


Great Debate: Mining In Latin America, Lisa E. Sachs 2013 Columbia Law School, Columbia Center on Sustainable Investment

Great Debate: Mining In Latin America, Lisa E. Sachs

Columbia Center on Sustainable Investment Staff Publications

Mining represents a great opportunity for economic growth, especially for emerging economies. It is often seen as the path to prosperity. However, the mining industry is a double edged sword. Countries in Latin America are managing to attract significant foreign investment. In Chile, the extractive sector’s participation in the economy has tripled in the last 10 years, reaching 15% of GDP. In Colombia and Peru, it has doubled to 10% of GDP. The Santos administration in Colombia has made mining one of its top policy priorities.

However, there may be significant downsides to mining, as governments are forced to offer …


I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent 2013 University at Buffalo School of Law (Student)

I Drink Your Milkshake?: Potential Property Rights Repercussions Of Natural Gas Exploration In New York State, Joshua M. Tallent

Buffalo Law Review

No abstract provided.


The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis 2013 Pitzer College

The Political Landscape Of Hydraulic Fracturing: Methods Of Community Response In Central Arkansas, Alyssa M. Solis

Pitzer Senior Theses

This thesis looks at the current fracking debate on a national scale, before focusing specifically on how this debate is playing out in the landscape of Central Arkansas. Focusing on the lack of national regulation, the unique array of state regulations that have popped up are assessed in their effectiveness on the ground through speaking with residents of the area. The demographics of these residents are analyzed within an assessment of environmental injustice vulnerability. This ethnographic approach also compares the de jure v. de facto outcomes of these regulations through the narratives of residents working with organizations across the political …


Appeal No. 0841: Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission 2013 Case Western Reserve University School of Law

Appeal No. 0841: Big Sky Energy, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Orders 2011-49


Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup 2013 Pepperdine University

Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup

Pepperdine Law Review

This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.


Top Leases And The Rule Against Perpetuities, J. Suzanne Hill 2013 Pepperdine University

Top Leases And The Rule Against Perpetuities, J. Suzanne Hill

Pepperdine Law Review

The competition for oil and gas leases has resulted in an increase in the use of top leases to secure oil and gas leasehold estates. Top leases which are found to violate the Rule against Perpetuities could result in the loss of millions of dollars to the lessee. The author examines top leasing in light of the Rule against Perpetuities and concludes that absent a savings clause, such leases violate the Rule. A savings clause is proposed which would save an otherwise invalid lease thereby circumventing the harsh application of the Rule.


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