Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force,
2021
Fordham Law School
Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force, Eian Katz
Fordham Environmental Law Review
Transboundary resource disputes are often analyzed by reference to two nebulous and conflicting principles that have emerged in international environmental law: “equitable and reasonable utilization” and “no significant harm.” Frequently overlooked in this context is the potential value of other canons of international law—especially human rights law, criminal law, and the rules governing the use of force—in adding definition to the muddled contours of these foundational precepts. This Article therefore undertakes an assessment of sovereign rights and obligations regarding shared natural resources which arise from these other bodies of law. In doing so, it offers new lenses through which to …
Squaring The Cercla: Superfund And The Superfund Task Force,
2021
Fordham Law School
Squaring The Cercla: Superfund And The Superfund Task Force, Manny Marcos
Fordham Environmental Law Review
The Superfund Task Force recently released its final report on the implementation of its recommendations for improving the Superfund program. The Task Force was given five goals for improving the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA’s”), implementation. These goals are to expedite cleanup and remediation, re-invigorate responsible party cleanup and reuse, encourage foreign investment, promote redevelopment and community revitalization, and engage with partners and stakeholders. While the Task Force’s recommendations have improved CERCLA’s implementation, many of CERCLA’s structural flaws remain intact. Specifically, CERCLA still has a severe shortage of funding, an unfair liability scheme, perverse incentives, …
Recent Case Decisions,
2021
University of Oklahoma College of Law
Recent Case Decisions
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
In The ‘Era Of Might And Happiness’, Will The Trans-Caspian Pipeline Project Be Built?,
2021
University of Oklahoma College of Law
In The ‘Era Of Might And Happiness’, Will The Trans-Caspian Pipeline Project Be Built?, Tiffany O’Keefe
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
How Can The United States Learn From Foreign Countries’ Transport And Use Of Renewable Power?,
2021
University of Oklahoma College of Law
How Can The United States Learn From Foreign Countries’ Transport And Use Of Renewable Power?, Kristin M. Hecker
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
The Obstacle: A Proposal For A Universal Standard To Determine Those Acts Or Events That Sufficiently Rise To The Level Of An Obstacle Suspending Prescription Of Non-Use For A Mineral Servitude Owner Under Louisiana Mineral Code Article 59,
2021
University of Oklahoma College of Law
The Obstacle: A Proposal For A Universal Standard To Determine Those Acts Or Events That Sufficiently Rise To The Level Of An Obstacle Suspending Prescription Of Non-Use For A Mineral Servitude Owner Under Louisiana Mineral Code Article 59, Eric R. Harper
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Petróleos Mexicanos: A Victim Of Mexican Politics,
2021
University of Oklahoma College of Law
Petróleos Mexicanos: A Victim Of Mexican Politics, Carlos Cohen-Leon
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Hardin’S ‘Tragedy Of The Commons’: Indigenous Peoples’ Rights And Environmental Protection: Moving Towards An Emerging Norm Of Indigenous Rights Protection?,
2021
University of Oklahoma College of Law
Hardin’S ‘Tragedy Of The Commons’: Indigenous Peoples’ Rights And Environmental Protection: Moving Towards An Emerging Norm Of Indigenous Rights Protection?, Sascha Dov Bachmann, Ikechukwu P. Ugwu
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Editor's Introduction & Front Pages,
2021
University of Oklahoma College of Law
Editor's Introduction & Front Pages, Jake Ware
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
California,
2021
Texas A&M University School of Law
California, Joshua L. Baker, Ryan Mahoney
Texas A&M Journal of Property Law
Oil and gas output in California has declined as the industry faces increasing regulatory and market headwinds. However, California remains a major oil and gas producing jurisdiction at the present. California is the seventh-largest producer of crude oil in the United States and contains the fifth-largest crude oil reserves.
Meic V. Deq,
2021
Alexander Blewett III School of Law at the University of Montana
Meic V. Deq, Kirsten D. Gerbatsch
Public Land & Resources Law Review
Hecla Mining Company and its subsidiaries want to develop two industrial silver and copper mines––the Montanore and Rock Creek projects––beneath northwest Montana’s Cabinet Mountains Wilderness. Environmental organizations, in just one of a series of legal challenges to protect high-quality designated resource waters and unique bull trout and grizzly bear habitat, brought an action seeking a declaration that Montana Department of Environmental Quality’s issuance of a permit for the Montanore Project was unlawful. The Montana Supreme Court, in a four-member majority, affirmed the district court’s vacatur and remanded the case to the state agency for further proceedings. The decision is celebrated …
West Virginia,
2021
Texas A&M University School of Law
West Virginia, Michael K. Reer, Valerie Antonette
Texas A&M Journal of Property Law
West Virginia is one of the most prolific energy-producing states in the country. According to the U.S. Energy Information Administration, West Virginia ranked seventh among states in production of natural gas in 2018, contributing 1.8 trillion cubic feet. Further, the consistency in permit application appears to support the proposition that West Virginia operators will continue producing significant volumes well in the future. The West Virginia Department of Environmental Protection (“WVDEP”) issued 582 horizontal well permits in 2015, 223 in 2016, 509 in 2017, 433 in 2018, and 467 in 2019.
Solving The Interconnection Problem,
2021
Texas A&M University School of Law
Solving The Interconnection Problem, Ralph A. Cantafio, Miles C. Nowak
Texas A&M Journal of Property Law
The distinct three energy grids as such exist in the United States (the Western Interconnection, the Eastern Interconnection, and the Texas Interconnection or ERCOT) unnecessarily constrain the United States in addressing its future energy needs, as electricity flow between the three grids is very limited. As our country’s reliance on traditional nonrenewable energy sources like coal continue to decline and the reliance on renewable energy sources continues to grow, the United States should focus on replacing the existing three-grid system with a national energy grid that will benefit energy companies and consumers, as well as serve our future energy needs. …
Alabama,
2021
Texas A&M University School of Law
Alabama, Brandt Hill, Ted Holt
Texas A&M Journal of Property Law
Between October 2019 and September 2020, there were no noteworthy appellate decisions interpreting Alabama law directly relevant to oil and gas companies or operations. Similarly, there are no statutory amendments or administrative decisions impacting oil and gas companies operating in the state. However, the Alabama Supreme Court and the Eleventh Circuit Court of Appeals each issued an opinion addressing jurisdiction and procedural issues that are relevant to operators in Alabama. We discuss those opinions below.
Arkansas,
2021
Texas A&M University School of Law
Arkansas, John Peiserich
Texas A&M Journal of Property Law
Does the government have the authority to alter the terms of an agreement between private parties that it deems unfair? At first pass, most Americans would agree that it does not. Of course, exceptions apply. American courts exercise the right to break up monopolies, enforce a minimum wage, and invalidate contracts that they deem unconscionable.
Michigan Oil And Gas Update,
2021
Texas A&M University School of Law
Michigan Oil And Gas Update, William A. Horn, Joshua D. Beard
Texas A&M Journal of Property Law
On March 23, 2020, the Michigan Court of Claims issued its opinion in Mannes v. Michigan Dep’t of Treasury. This case considered the meaning of the phrase “expenses of producing oil and gas” as such expenses relate to “taxable income” under the Michigan Income Tax Act of 1967.
Ohio,
2021
Texas A&M University School of Law
Ohio, Gregory W. Watts, Matthew W. Onest
Texas A&M Journal of Property Law
Ohio courts continue applying the Ohio Marketable Title Act to severed oil and gas rights.1 As with many statutes, there are generally two questions that must be answered: (1) does the particular statute apply to the particular facts of the case and (2) if the statute applies in the first instance, how does a court apply the statute to the particular facts of the case? Both questions about Ohio’s Marketable Title Act and severed mineral interests were further examined and explored in 2020.
Oklahoma,
2021
Texas A&M University School of Law
Oklahoma, Mark D. Christiansen
Texas A&M Journal of Property Law
The case of White Star Petroleum, LLC v. MUFG Union Bank, N.A. presented two questions of state law certified to the Oklahoma Supreme Court by the United States Bankruptcy Court for the Western District of Oklahoma: (1) Are the “trust funds” create[d] by Title 42 O.S. § 144.2, entitled “Creation and Appropriation of Trust Funds for Payment of Lienable Claims,” limited to obligations due nonoperator joint working interest owners, or do such funds include payments due [to] holders of mechanic’s and materialmen’s liens arising under and perfected by Title 42 O.S. § 144? (2) Does the Oil and Gas Owners’ …
Virginia,
2021
Texas A&M University School of Law
Virginia, Daniel B. Kostrub
Texas A&M Journal of Property Law
This Article addresses developments in Virginia oil and gas law for the period from September 1, 2019, to September 1, 2020. During this period, the Supreme Court of the United States heard the Atlantic Coast Pipeline case, providing a significant ruling that allowed the pipeline to cross underneath the Appalachian trail. Additionally, Judge Chadwick S. Dotson of the Circuit Court of Wise County and the City of Norton issued an opinion regarding the mining of uranium in the Commonwealth.
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020,
2021
University of Tulsa College of Law
Oklahoma Renewable Energy Policy Encounters A Covid Roadblock: 2019-2020, Warigia M. Bowman, Debbie Firestone
Texas A&M Journal of Property Law
On the road to energy security, independence, and success, this past year Oklahoma has seen “construction” projects in the works. Renewable energy, however, hit a major roadblock in the form of the COVID-19 pandemic. Historically, Oklahoma produced most of its electricity through coal and natural gas. In the past decade, renewable sources like wind and solar energy represent a growing segment of electricity generation in the state. In 2019 and 2020, Oklahoma developed a stronger renewable energy policy by enacting legislation, passing administrative decisions, and passing local city ordinances.
