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Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour 2021 University of Montana

Park County Environmental Council V. Montana Department Of Environmental Quality, 477 P.3d 288 (Mont. 2020), Holly Seymour

Public Land & Resources Law Review

The Montana Supreme Court held in 2020 that loopholes in the Montana Environmental Procedure Act ("MEPA") review process violate Montana's constitutional right to a clean and healthful environment. The holding sets a strong precedent requiring statutory protections to prevent harm to the environment before it occurs.


Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson 2021 West Virginia University College of Law

Without A Leggett To Stand On: Arguing For Retroactive Application Of West Virginia's Amended Flat-Rate Well Statute, Adam H. Wilson

West Virginia Law Review

No abstract provided.


Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam McLeod 2021 University of Idaho

Caperton V. A.T. Massey Coal Co.: A Ten-Year Retrospective On Its Impact On Law And The Judiciary, Amam Mcleod

West Virginia Law Review

No abstract provided.


Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck 2021 West Virginia University College of Law

Standard Oil, Consolidated Coal, And The Roots Of The Resource Curse In West Virginia, Alison Peck

West Virginia Law Review

Despite its natural resource wealth, West Virginia today ranks last among all states in its residents’ overall sense of well-being, a puzzle that economists call “the resource curse.” Much of West Virginia’s wealth, in the form of coal, oil, and gas, left the state in the late nineteenth and early twentieth centuries before the state could tax it. This discouraging story was not inevitable. In 1905, a Morgantown lawyer named George C. Baker led an effort to tax coal, oil, and gas leases as personal property that nearly succeeded. Baker and his allies, Governor William M.O. Dawson and Tax Commissioner …


Impact Of National And Municipal Environmental Standards On The Development Of Effective Solid Waste Management Systems In Jeddah, Kingdom Of Saudi Arabia, Raed Bin Sadan 2021 Elisabeth Haub School of Law at Pace University

Impact Of National And Municipal Environmental Standards On The Development Of Effective Solid Waste Management Systems In Jeddah, Kingdom Of Saudi Arabia, Raed Bin Sadan

Dissertations & Theses

The following research paper analyzes the impact of national and municipal environmental standards on the development of effective Solid waste management systems in Jeddah, Kingdom of Saudi Arabia. The research is essential in ensuring that there are notable positive changes in the disposal of solid waste by both the local government and the national government of the Kingdom of Saudi Arabia. The following paper follows a strategic plan and procedure in ensuring achievement of the goal and purpose of the research. The approach used in this paper is a comparison of the current local system and a proposed improvement of …


When Engineering Solutions Cause Legal Problems: The Developing Field Of Reservoir Rights And Liabilities, Joseph A. Schremmer 2021 University of New Mexico - School of Law

When Engineering Solutions Cause Legal Problems: The Developing Field Of Reservoir Rights And Liabilities, Joseph A. Schremmer

Faculty Scholarship

For well over a decade, the pages of this Quarterly have undoubtedly been filled with discussions of cutting-edge drilling and completion technologies. This article discusses some of the problems that all these engineering solutions have caused for the law of oil and gas. It begins in Part II with a brief outline of how the law slowly develops through the common law process and illustrates how that process responds, also slowly, to rapid technological and social changes, like the unconventional hydrocarbon revolution. Part III then surveys how courts have begun to reform the legal rights and remedies in common reservoirs …


The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani 2021 Payame Noor University, Iran

The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani

Indonesia Law Review

Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …


Toward Rationality In Oil And Gas Leasing: Building The Toolkit For Programmatic Reforms, Rachel Rothschild, Max Sarinsky 2021 University of Michigan Law School

Toward Rationality In Oil And Gas Leasing: Building The Toolkit For Programmatic Reforms, Rachel Rothschild, Max Sarinsky

Other Publications

For decades, the federal government has inadequately considered the environmental harms of oil and gas extraction in its management of public lands and waters. As a result, fossil-fuel developers have been handed vast swaths of land at bargain prices, causing dangerous levels of greenhouse gas pollution that exacerbates climate change while depriving the public of more beneficial uses of the land.

That is all likely to change soon. A week into his term, President Biden called for a comprehensive review of the oil and gas program.1 That review is now underway and is likely to result in substantial programmatic reforms …


Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert 2021 Alexander Blewett III School of Law, University of Montana

Vecinos Para El Bienestar De La Comunidad Costera V. Ferc, Malcolm M. Gilbert

Public Land & Resources Law Review

The D.C. Circuit Court remanded three Brownsville, TX LNG approval orders to FERC for failing to adequately explain conclusions around environmental justice and climate concerns. The Court ordered FERC to reevaluate whether the projects are in the public interest. The LNG terminals and pipeline will disproportionately impact low-income, minority communities, and substantial greenhouse gas emissions from production and export will contribute to anthropogenic climate change. This case note explores the role that environmental justice and climate change play in federal agency decision-making processes, analyzes the legal framework for the Court's decision, and discusses how the outcome of this litigation could …


Carbon Accounting By Public And Private Financial Institutions: Can We Be Sure Climate Finance Is Leading To Emissions Reductions?, Martin Dietrich Brauch, Emily Spittle 2021 Columbia Law School, Columbia Center on Sustainable Investment

Carbon Accounting By Public And Private Financial Institutions: Can We Be Sure Climate Finance Is Leading To Emissions Reductions?, Martin Dietrich Brauch, Emily Spittle

Columbia Center on Sustainable Investment Staff Publications

To further and fully understand how to plan for the decarbonization of mining value chains, we need better data on carbon and other greenhouse gas (GHG) emissions. However, neither consumers, corporates, or financial institutions know the embodied emissions in the products they produce or sell. While methods like life-cycle analysis and environmental product declarations exist, none use a verifiable, comparable, or widely adopted emissions reporting framework capable of sending supply chain signals.

To truly reform material supply chains, new solutions for markets, capital, and policy are required. COMET (the Coalition on Materials Emissions Transparency) – an alliance launched at Davos …


New Tech, New Deal: Mining Policy Options In The Face Of New Technology, Isabelle Ramdoo, Aaron Cosbey, Jeff Geipel, Perrine Toledano 2021 Intergovernmental Forum on Mining, Minerals, Metals and Sustainable Development (IGF)

New Tech, New Deal: Mining Policy Options In The Face Of New Technology, Isabelle Ramdoo, Aaron Cosbey, Jeff Geipel, Perrine Toledano

Columbia Center on Sustainable Investment Staff Publications

Throughout the history of mining, technological innovation has played a vital role across all cycles of mining projects. The new wave of technological adoption is a combination of evolutionary and revolutionary technologies, with an increasing focus on the latter. An acceleration in investments in disruptive technologies in recent years has seen the large-scale mining sector finally catching up with a dynamic that has already advanced in many other sectors. The reasons for this shift include more difficult geology, declining ore deposits, the need to reverse a secular decline in productivity, the need to improve safety for mine workers, a need …


The State Of The Oil And Natural Gas Industry In Oklahoma: The Oil And Gas Industry Moving Forward Post Mcgirt/Murphy, Kallen Burton Snodgrass 2021 University of Oklahoma College of Law

The State Of The Oil And Natural Gas Industry In Oklahoma: The Oil And Gas Industry Moving Forward Post Mcgirt/Murphy, Kallen Burton Snodgrass

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Purpa: Bastion, Bridge, Or Bygone? Constitutional And Consumer-Generator Considerations, Lauren Watson 2021 University of Oklahoma College of Law

Purpa: Bastion, Bridge, Or Bygone? Constitutional And Consumer-Generator Considerations, Lauren Watson

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Stop Pushing People Into The Pool: How Oklahoma’S Forced Pooling Laws Can Better Resemble An Open Market, Kale Hajek 2021 University of Oklahoma College of Law

Stop Pushing People Into The Pool: How Oklahoma’S Forced Pooling Laws Can Better Resemble An Open Market, Kale Hajek

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Finding Our New Normal: Reevaluating Force Majeure Within Oil And Gas Contracts In The Wake Of Covid-19, Piper Hampton 2021 University of Oklahoma College of Law

Finding Our New Normal: Reevaluating Force Majeure Within Oil And Gas Contracts In The Wake Of Covid-19, Piper Hampton

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Birds, The Bees, And Equitable Relief: Limitations And Restrictions On Judicial Relief Under Nepa, Through The Lens Of Lakes And Parks All. Of Minneapolis V. Fed. Transit Admin., 928 F.3d 759 (8th Cir. 2019), Wesley B. Hazen 2021 University of Oklahoma College of Law

The Birds, The Bees, And Equitable Relief: Limitations And Restrictions On Judicial Relief Under Nepa, Through The Lens Of Lakes And Parks All. Of Minneapolis V. Fed. Transit Admin., 928 F.3d 759 (8th Cir. 2019), Wesley B. Hazen

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


That T-Rex Is Mine! A Note On The Montana Supreme Court Decision Murray V. Bej Minerals, Llc, Bryce Hayden 2021 University of Oklahoma College of Law

That T-Rex Is Mine! A Note On The Montana Supreme Court Decision Murray V. Bej Minerals, Llc, Bryce Hayden

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Are You In Or Are You Out? An International Comparison Of Nuclear Integration Or Discontinuation, Tyler Self 2021 University of Oklahoma College of Law

Are You In Or Are You Out? An International Comparison Of Nuclear Integration Or Discontinuation, Tyler Self

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


Case Note On Citgo Asphalt Refining Co. V. Frescati Shipping Co., 140 S. Ct. 1081 (2020), Yuanyuan Zhang 2021 University of Oklahoma College of Law

Case Note On Citgo Asphalt Refining Co. V. Frescati Shipping Co., 140 S. Ct. 1081 (2020), Yuanyuan Zhang

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


The Impact Of Rcra And Mcgirt On Tribal Solid Waste Regulations, Jonathan W. Reiswig 2021 University of Oklahoma College of Law

The Impact Of Rcra And Mcgirt On Tribal Solid Waste Regulations, Jonathan W. Reiswig

Oil and Gas, Natural Resources, and Energy Journal

No abstract provided.


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